HomeMy WebLinkAboutR-2006-138 Fire Interlocal Agreement - Hollywood RESOLUTION NO. 2006-138
• A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA AUTHORIZING THE PROPER CITY OFFICIALS TO
EXECUTE AN INTERLOCAL AGREEMENT FOR FIRE PLAN REVIEW
SERVICES BETWEEN THE CITY OF HOLLYWOOD, FLORIDA AND THE
CITY OF DANIA BEACH; 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 that certain
"Interlocal Agreement for Fire Plan Review Services Between the City of Hollywood, Florida and
the City of Dania Beach, Florida", a copy of which is attached as Exhibit "A" and incorporated
into this Resolution by this reference.
Section 2. - That the funding for this project will be derived from the applicable General
Fund Fire Department budget in an amount not to exceed $15,000.00 per year.
• Section 3. That all resolutions or parts of resolutions in conflict with this Resolution
shall be repealed to the extent of such conflict.
Section 4. That this Resolution shall be in force and take effect immediately upon its
passage and adoption.
PASSED AND ADOPTED on August 22, 2006.
PATRICIA FLURY
MAYOR—COMMISSIONER
ATTEST:
C I mj
LOUISE STILSON, CMC
CITY CLERK
A
APPROVED AS TO F+ RM AND CORRECTNESS:
BY: 1 �� �' AJI
THOMAS J. XN BRO
CITY ATTORNEY
INTERLOCAL AGREEMENT
FOR
FIRE PLAN REVIEW SERVICES
BETWEEN
THE CITY OF HOLLYWOOD, FLORIDA
AND
CITY OF DANIA BEACH, FLORIDA
THIS AGREEMENT made and entered into this day of ,
2006, by and between the CITY OF HOLLYWOOD, FLORIDA, a municipal corporation
of the State of Florida (hereinafter "HOLLYWOOD") and the CITY OF DANIA
BEACH, FLORIDA, a municipal corporation of the State of Florida, (hereinafter
"DANIA BEACH").
WITNESSETH :
WHEREAS, the City of DANIA BEACH, by and through its Fire-Rescue
Department, requested that the HOLLYWOOD Fire Department provide Fire Plan
Review services and
WHEREAS, the City of HOLLYWOOD Fire Rescue and Beach Safety
Department operates and manages its own Fire Plan Review process in conjunction with
the City of Hollywood Building Department and has experience in such services; and
WHEREAS, HOLLYWOOD is willing to provide Fire Plan Review services to
assist DANIA BEACH FIRE DEPARTMENT; and
WHEREAS, this Agreement is entered into pursuant to Section 163.01, Florida
Statutes, known as the "Florida Interlocal Cooperation Act of 1969", and pursuant to
Chapter 166, Florida Statutes, known as the "Municipal Home Rule Powers Act;"
NOW, THEREFORE, in consideration of the mutual promises and terms and
conditions set forth herein, the parties hereby agree as follows:
ARTICLE 1
AUTHORITY, RESPONSIBILITIES AND
CONDITIONS PRECEDENT
1.1 PREAMBLE—The above recitals are true and correct and incorporated herein by
reference.
. 1.2 This Interlocal Agreement is entered into pursuant to the provisions of Section
163.01, Florida Statutes, entitled "Florida Interlocal Cooperation Act of 1969,"
and all applicable provisions of said Act are made a part hereof and incorporated
herein as if set forth at length in this Agreement. This Interlocal Agreement, and
any and all subsequent amendments to this Agreement, shall be filed with the
Clerk of the Circuit Court of Broward County, Florida.
ARTICLE 2
TERM OF AGREEMENT
This Agreement shall be for a three (3) year term, commencing on , 2006
and will continue through , 2009. This Agreement may be renewed by
the parties for successive, three (3) year terms, with the approval of both the DANIA
BEACH City Commission and the HOLLYWOOD City Commission.
ARTICLE 3
SCOPE OF SERVICES
3.1 HOLLYWOOD shall provide Plan Review services to the City of DANIA
BEACH upon request.
3.2 The requested plan review services will be provided in a cooperative and
collaborative manner recognizing the City of Dania Beach's Authority Having
Jurisdiction. A regular and ongoing dialogue will be maintained with the City of Dania
Beach's Fire Marshal or designee regarding Florida Fire Prevention Code interpretation
and the overall plan review process.
3.3 The parties agree that the fire review of plans submitted to the City of
HOLLYWOOD Building Department shall be given priority; however, plan review
services to the City of DANIA BEACH shall be treated with the same urgency and
completed within a reasonable time frame. All plans that can be examined during the
course of the normal work week without impinging upon the normal efficiency
established by the Hollywood Building Department will be reviewed during normal
business hours. The review of plans exceeding the normal capacity of Hollywood fire
plans examiners will be reviewed on an overtime basis. The proportion of the Dania
Beach plans that will be reviewed during normal business hours will be dynamic in that
the availability of time for review by the City of Hollywood fire plans examiner will be
flexible based on the workload provided by the Hollywood Building Department
3.4 QUALITY OF WORK — All work will be performed at the highest level of
quality possible. All work will be performed by a qualified Fire Plans Examiner as per
F-5 of the Broward County Amendments of the Florida Fire Prevention Code. Reviews
will be based on the applicable edition of the Florida Fire Prevention Code including the
referenced National Fire Protection Association publications. Final Code interpretation
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authority will remain with the City of Dania Beach's Authority Having Jurisdiction
(AHJ).
3.5 Plan Review Comments and Results. Building plans will be reviewed at
Hollywood City Hall or at the City of Hollywood's Fire Prevention office located at 2741
Stirling Road; or at a mutually agreed upon site, the results of the review will be recorded
on the Dania Beach Fire Plan Review Comment Sheet. Completed copies of the Dania
Beach Fire Plan Review Comment Sheet will be forward to the City of Dania Beach Fire
Marshal.
3.6 Follow up Inquiries. Follow up questions on the reviewer's comments will be
made by appointment either in person at the City of Hollywood Building Department or
via telephone at 954-921-3627, 954-921-3914, or 954-967-4404.
3.7 Walk Through Hours. Walk through reviews are intended for submitting minor
revisions to plans or for clarification on reviewer's comments. The City of Dania
Beach's walk through hours for addressing plan review comments will be on Fridays
from 7:30 AM— 9:30 AM at the City of Hollywood's Fire Prevention Office. Applicants
desiring to utilize the Walk Through process are required to contact the City of
Hollywood Fire.Marshal's office at 954-967-4404 by 3:00 PM on the Thursday prior, to
allow for scheduling.
3.8 Dania Beach Walk Through. The Walk Through hours set aside specifically for
Dania Beach plan review will be billed at the after normal business hours rate set forth in
Article 4. The City of Dania Beach's walk through hours will be pre-scheduled (see 3.6
above) based on demand.
3.9 NORMAL HOURS OF OPERATION. HOLLYWOOD fire plan review will
be open Monday through Friday from 7:30 a.m. to 4:00 p.m. during normal work weeks.
HOLLYWOOD will be closed on approved City holidays.
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•
ARTICLE 4
PAYMENT OF SERVICES
4.1 HOLLYWOOD's FIRE DEPARTMENT shall submit invoices to DANIA
BEACH on a monthly basis for Fire Plan Review services. Invoices shall include a copy
of the Hollywood Plan Review log sheet detailing the exact billable hours.
4.2 Upon receipt of such invoices, DANIA BEACH shall remit payment for the
aforementioned services within fifteen (15) days of the invoice date. All payments shall
be sent to the City of Hollywood Fire Chief at 2741 Stirling Road, Hollywood, Florida
33312.
4.3 If for any reason payment is not received within twenty (20) days, DANIA
BEACH will be considered to be in default and HOLLYWOOD reserves the right to
terminate this Agreement within five (5) days of said default, or, in its sole discretion, to
bring an action in an appropriate court of law. Any payments made after twenty (20)
days will be subject to 1% a month late payment charge (12% annually).
4.4. RATE STRUCTURE AND COST INFORMATION — The following shall be
the rate structure relating to Fire Plan Review: compensation will be billed at the rate of
forty ($40) dollars per hour for services during normal business hours and at sixty ($60)
dollars per hour for services performed after normal business hours. The rates shall be
reviewed on an annual basis and if any change is required, the parties will modify this
agreement in writing pursuant to Article 9, Section 9.3. However, if it is determined that
the rates should be increased, such increase shall not exceed 3.5% in any one year of the
term of this agreement.
4.5 BILLING FOR PARTIAL HOURS—The following table shall be used for calculating
billable time for partial hours of service:
0-7 minutes =0
8—23 minutes = .25
24—37 minutes = .50
38 —53 minutes = .75
54—60 minutes = one hour
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ARTICLE 5
TERMINATION OF AGREEMENT
This Agreement may be terminated by either party upon ninety (90) days prior
written notice from the terminating party in accordance with the Notice requirements set
forth in Article 6 and as set forth in subsection 4.3.
ARTICLE 6
NOTICE
Whenever either party desires to give notice to the other, it must be given by
written notice, sent by certified United States mail, return receipt requested and addressed
to the party for whom it is intended, at the addresses designated below. The place for
giving notice shall remain the same unless changed by either party. For the present, the
parties designate the following as the respective places for giving notice:
AS TO HOLLYWOOD: Fire Chief
2741 Stirling Road
Hollywood, FL 33312
WITH COPIES TO: City Manager
2600 Hollywood Boulevard, Room 401
Hollywood, FL 33020
City Attorney
2600 Hollywood Boulevard, Room 407
Hollywood, FL 33020
AS TO DANIA BEACH: City Clerk
100 W. Dania Beach Boulevard
Dania Beach, Florida 33004
ARTICLE 7
INDEMNIFICATION
7.1 DANIA BEACH shall indemnify and hold harmless CITY OF HOLLYWOOD
and its officers, employees, agents, and instrumentalities from any and all liability, losses
or damages, including attorneys' fees and costs of defense, which the CITY OF
HOLLYWOOD or its officers, agents, and instrumentalities may incur as a result of
claims, demand, suits, causes of actions or proceedings of any kind arising out of, relating
to or resulting from this agreement or acts or omissions of the DANIA BEACH FIRE
DEPARTMENT. DANIA BEACH FIRE DEPARTMENT shall pay all claims and losses
in connection therewith and shall investigate and defend all claims, suits or actions of any
• kind or nature in the name of HOLLYWOOD, where applicable, which may issue
5
hereon. Provided, however, this indemnification shall only be to the extent and within
the limitations of Section 768.28, Florida Statutes, subject to the provisions of the Statute
whereby the government entity shall not be held liable to pay personal injury or property
damage claim or judgment or portions thereof, which when totaled with all other claims
or judgment paid by the government entity arising out of the same incident or occurrence,
exceed the sum of$100,000 from any and all personal injury or property damage claims,
liabilities, losses or cause of action which may arise as a result of the negligence of the
government entity.
ARTICLE 8
JURISDICTION, VENUE AND GOVERNING LAW
This Agreement shall be governed by the laws of the State of Florida. Any and
all legal action necessary to enforce this Agreement shall be held in Broward County,
Florida. No remedy herein conferred upon any party is intended to be exclusive of any
other remedy, and each and every remedy shall be cumulative and shall be in addition to
every other remedy given hereunder or now or hereafter existing at law or in equity or by
statute or otherwise. No single or partial exercise by any party of any right, power, or
remedy hereunder shall preclude any other or further exercise thereof.
ARTICLE 9
MISCELLANEOUS
• 9.1 THIRD PARTY RIGHTS — Neither party 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. Nothing in this
Agreement shall be construed to give any rights or benefits to anyone other than
HOLLYWOOD and DANIA BEACH.
9.2 WAIVER — No waiver of any provision in this Agreement shall be effective
unless it is in writing, signed by the party against whom it is asserted, and any such
written waiver shall only be applicable to the specific instance to which it relates and
shall not be deemed to be a continuing or future waiver.
9.3 ENTIRETY OF THE AGREEMENT — The Cities of HOLLYWOOD and
DANIA BEACH agree that this Interlocal Agreement sets forth the entire agreement
between the parties and that there are no promises or understandings other than those
stated herein. None of the provisions, terms or conditions contained in this Agreement
may be added to, modified, superseded or otherwise altered, except through written
consent and approval of both the DANIA BEACH Commission and the HOLLYWOOD
Commission. Any modifications to this Agreement shall be through written instrument
executed by the parties. In the event of any conflict or inconsistency between this
Agreement and the provisions in the incorporated Exhibits, if any, the terms of this
Agreement shall supersede and prevail over the terms in the Exhibits.
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9.4 SEVERABILITY — If any term or provision of this Agreement, or the
• application thereof to any person, entity or circumstances shall, to any extent, be held
invalid or unenforceable, the remainder of this Agreement, or the application of such
terms or provision, to persons, entities or circumstances other than those as to which it is
held invalid or unenforceable, shall not be affected, and every other term and provision of
this Agreement shall be deemed valid and enforceable to the extent permitted by law.
9.5 EXHIBITS — The Exhibits referred to in this Agreement, if any, are hereby
incorporated into this Agreement by reference.
9.6 OWNERSHIP OF DOCUMENTS — Any and all reports, photographs, surveys,
and other data and documents provided or created by the HOLLYWOOD FIRE
DEPARTMENT'S Fire Prevention and Life Safety Division with this Agreement are and
shall remain the property of HOLLYWOOD. In the event of termination of this
Agreement, any reports, photographs, surveys, and other data and documents prepared by
DANIA BEACH, whether finished or unfinished, shall remain the property of DANIA
BEACH.
IN WITNESS WHEREOF, the parties have made and executed this Agreement
on the respective dates under each signature: CITY OF DANIA BEACH, by and through
its City Commissioners, signing by and through its Mayor, authorized to execute same on
the day of , 2006, and HOLLYWOOD CITY COMMISSION, signing
by and through its Mayor, authorized to execute same on the day of ,
• 2006.
CITY OF HOLLYWOOD, FLORIDA,
a municipal corporation of the State of
Florida
ATTEST:
BY:
PATRICIA A. CERNY, MMC MARA GIULIANTI, MAYOR
CITY CLERK
,
APPROVED AS TO FORM AND DATE: 2006
LEGALITY for the use and reliance APPROVED BY:
of the City of Hollywood, Florida,
only.
CAMERON D. BENSON, CITY MANAGER
DANIEL L. ABBOTT OR HIS DESIGNEE, Virgil Fernandez,
CITY ATTORNEY FIRE CHIEF
•
INTERLOCAL AGREEMENT FOR FIRE PLAN REVIEW BETWEEN CITY OF
• HOLLYWOOD, FLORIDA AND DANIA BEACH FLORIDA)
CITY OF DANIA BEACH:
CITY OF DANIA BEACH, FLORIDA, a
municipal corporation of the State of
Florida
ATTEST:
BY:
LOUISE STILSON, CMC PATRICIA FLURY, MAYOR
CITY CLERK
DATE: t? L l `1 ,y 2006
APPROVED AS TO FORM AND
LEGALITY for the use and reliance
of the City of Dania Beach, Florida,
only. . APPROVED BY-,'
THO AS JI A SBRO IV N P TO, ITY MANAGER
CITY AT ORNEY
•
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FLORIDA
1�
August 23, 2006
Virgil Fernandez, Fire Chief
2741 Stirling Road
Hollywood, FL 33312
RE: Interlocal Agreement for Fire Plan Review Services
Dear Fire Chief Fernandez:
The Dania Beach City Commission adopted Resolution #2006-138 approving the
Interlocal Agreement for Fire Plan Review Services between the City of Hollywood and
the City of Dania Beach.
Enclosed are two executed original agreements that require final execution by the City of
Hollywood. Upon final execution, please return one original for our records.
Sincerely,
Louise Stilson, CMC
City Clerk
Enclosures
"Broward's First City"
100 West Dania Beach Boulevard Dania Beach, Florida 33004 Phone: (954) 924-3600 www.ci.dania-beach.fl.us
CITY OF DANIA BEACH
/ Agenda Item #
-� Agenda Request Item
Date of Commission Meeting: 8/22/2006
Adopt Resolution ® Adopt Ordinance (1st Reading) ❑ Adopt Ordinance (2nd Reading) ❑
Award Bid /RFP ❑ Presentation ❑ Continued from:
Regu,ested Action` (Idenfity appropriate Action-.orMotion)
Adopt resolution approving Interlocal Agreement For Fire Plan Review Services Between The City of Hollywood, Florida
and City of Dania Beach, Florida.
Why Action`is Necessary. F,'
Will help to expedite the community development department permitting procedure.
hat'-Action Acco'mplisti es-
"A � :
The ability to increase the number of plans reviewed by fire plans examiner thus expediting the permitting process
through community development department.
Purchasing Requests,ONLY
,.
Dept: 2201 Fire Rescue Acct#: Amt:
Fund: General: ❑ Water: ❑ Sewer: ❑ Stormwater: ❑ Grants: ❑ Capital: ❑
r .
SummaryEuplanation/Backgrourid
Due to the increased volume of building permit applications, the demands on our fire prevention bureau to review fire
plans are becoming at times impossible for one person to expedite in a timely manner. During these peak periods, being
able to call on another qualified plans examiner will expedite the permitting procedure. The city commission was not in
favor of using BSO fire personnel for this purpose. At the direction of the city commissioners, Chief Land contacted
several entities, both public and private in an attempt to retain the services of a qualified plans examiner. The City of
Hollywood Fire-Rescue Department was the only entity able to meet our needs. The attached agreement is the result of
the City Manager's and Chief Land's efforts, the terms of which will satisfy the immediate needs and our department's
desire to do all that is possible to expedite the increased demands for services currently being experienced by our city.
Fiscal ImpactlCost Summary
Funding sources for these services and pending and will be addressed upon full execution of the agreement.
Exhibits Attached
Resolution approving Interlocal Agreement For Fire Plan Review Services Between The City of Hollywood, Florida and
Dania Beach, Florida.
Interlocal Agreement For Fire Plan Review Services Between The City of Hollywood, Florida and Dania Beach, Florida.
Exhibit 1 Exhibit 2 Exhibit 3 Exhibit 4 Exhibit 5 Exhibit 6 Exhibit 7 Exhibit 8
Authorized Signatures
Submitted by
Date
Department Director
Ken Land Date 08/16/06
HR Director
Date
Finance Director
Patricia Varney Date 08/16/06
City Attorney
Thomas J. Ansbro Date 08/16/06
City Manager
Ivan Pato Date
Pot ,.Clerk Use
Commission Action:
Approved: ❑ Denied: ❑ Continued to: ❑