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HomeMy WebLinkAboutR-2004-150 Inspection Serv. Davie Interlocal i RESOLUTION NO. 2004-150 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING AN INTERLOCAL AGREEMENT BETWEEN THE TOWN OF DAVIE AND THE CITY OF DANIA BEACH TO PROVIDE FOR"INSPECTION, PLAN REVIEW, BUILDING OFFICIAL AND RELATED SERVICES";AND AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE THE AGREEMENT; 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 that certain Interlocal Agreement between the Town of Davie and the City of Dania Beach, providing for "Inspection, Plan Review, Building Official and Related Services"to be performed by the Development Services Department of the Town of Davie,a copy of which is attached, is approved and the proper city officials are authorized to execute it. Section 2. That the City Manager and the City Attorney are authorized to make minor revisions to such Agreement as are deemed necessary and proper for the best interests of the City. Section 3. That all resolutions or parts of resolutions in conflict with this resolution are repealed to the extent of such conflict; Section 4.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 September 28, 2004. .K. MCELYE MAYOR ATTEST: = ROLL CALL: b COMMISSIONER ANTON - YES LOUISE STILSON COMMISSIONER CHUNN- YES CITY CLERK COMMISSIONER FLURY - YES VICE-MAYOR MIKES - YES MAYOR MCELYEA - YES APPROVED AS TO F RM AND CORRECTNESS: BY: "I �\ ( A THO S . ANSBRO CITY ATTORNEY 1 RESOLUTION NO.2004-150 INTERLOCAL AGREEMENT FOR• INSPECTION,PLAN REVIEW,BUILDING OFFICIAL AND RELATED SERVICES TO BE PERFORMED BY THE TOWN OF DAVIE LICENSES,INSPECTION& REVIEW DIVISION, DEVELOPMENT SERVICES DEPARTMENT This is an Interlocal Agreement, made and entered into by and between: TOWN OF DAVIE, a municipal corporation existing under the laws of the State of Florida,hereinafter referred to as"TOWN'. 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 163.01, Florida Statutes,also known as the "Florida Interlocal Cooperation Act of 1969";and WHEREAS, TOWN maintains a Development Services Department which includes a Building Division that conducts plan review, permit inspections, building official, code compliance, and other services relating to building;and WHEREAS, the CITY is desirous of procuring all or some of the Services of TOWN for the performance of plan examinations, inspections, Building Official or other Services within the municipal boundaries of the CITY;and WHEREAS, TOWN, through said Division, is willing to perform such Services pursuant to the terms and conditions hereafter set forth; NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF DAVIE,FLORIDA. IN CONSIDERATION of the mutual terms, conditions, promises, covenants and payments hereinafter set forth,TOWN and CITY agree as follows: ARTICLE 1—SCOPE OF SERVICES 1.1 CITY agrees to transfer to TOWN the authority to perform the Services listed on the attached Schedule"A". 1.2 TOWN shall perform the above Services pursuant to the attached Schedule"A". 1.3 Additional Services, not indicated on Schedule "A" may be provided to CITY upon written Amendment to this Agreement,as provided in Article 9.6. ARTICLE 2—FUNCTIONS AND DUTIES NOT TRANSFERRED TO TOWN 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 other than those listed on Schedule"A". 2.2 In the event CITY desires to have TOWN provide any additional Services, an amendment to this agreement shall be required. ARTICLE 3—COMPENSATION 3.1 TOWN shall provide the services set forth in Schedule "A" at the rates prescribed below. This rate is effective for hours of service from 7:30 a.m.to 3:30 p,m. Monday through Friday. Hours of service prior to 7:30 a.m., after 3:30 p.m. and all day Saturday, Sunday and on TOWN recognized holidays will be considered overtime and billed at I '/2 times the standard rate for services rendered. Any time taken for lunch by the assigned TOWN employee will extend the service hours beyond 3:30 p.m. at the standard rate. The TOWN will not charge the CITY for time taken for lunch by the TOWN's employee, not to exceed 1 hour per day. Some requests for service are to be made no less than 24 hours in advance. Service is to start at either 7:30 a.m. or 12 noon and run for at least 3 '/z hours. Travel times will be billed when requests for service start at times other than those noted above or that do not last at least 3 '/z hours. These rates shall apply for services requested: Building Code Inspector $47.00 per hour Building Plans Examiner $51.00 per hour Building Official Services $64.00 per hour 3.2 TOWN shall invoice CITY on a monthly basis for actual Services provided to CITY by TOWN during the preceding month. CITY shall make payment to the TOWN within thirty(30)days of the date of the invoice. CITY shall be invoiced for fractional portions of an hour in half hour increments rolled forward to the next half hour at the rate set forth herein. Any sums paid to the TOWN are non-refundable to the CITY except as provided in Article 7, TERMINATION,wherein the CITY would be entitled to a pro rata reimbursement in the event TOWN terminates this Agreement. 3.3 TOWN will prioritize and respond to additional services requested such as emergency, intermittent,unplanned or limited,contingent on the availability of resources. ARTICLE 4—TERM OF AGREEMENT 4.1 This agreement shall become effective upon execution by TOWN and shall continue in full force for one full year. This Agreement may be renewed for additional periods of one (1) year upon request of CITY Manager or designee, and acceptance by the TOWN Administrator. 4.2 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 TOWN or the CITY is provided pursuant to Article 8,NOTICES. ARTICLE 5—GOVERNMENTAL IMMUNITY CITY and TOWN are state agencies as defined in Chapter 768.28, Florida Statutes. Each agrees to be filly 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 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 • TOWN 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,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 TOWN: Town of Davie Town Administrator 6591 Orange Drive Davie,FL 33314 TO CITY: City of Dania Beach • City Manager 100 West Dania Beach Blvd. Dania Beach,FL 33004 ARTICLE 9—MISCELLANEOUS PROVISIONS 9.1 ASSIGNMENT: TOWN 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: TOWN is an independent contractor under this Agreement. Services provided by TOWN pursuant to this Agreement shall be subject to the supervision of TOWN. In providing such services, neither TOWN 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 Section 4.1 or adding or deleting services to the Scope of Services under Article 1 may be approved by the City Manager or designee and the Town 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 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 hereby waives any rights it may have to a trial by jury of any such litigation. 9.8 DRAFTING: This Agreement has been negotiated 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 TOWN and CITY for selected Services to be Performed by the Town of Davie on the respective dates under each signature: TOWN OF DAVIE through its TOWN COUNCILMEMBERS signing by and through its MAYOR, authorized to execute same by COUNCIL ACTION on the 21"day of September, 2004 and the CITY signing by and through its CITY MANAGER, authorized to execute same by COMMISSION ACTION on the 281h day of September,2004. • TOWN OF DAVIE By Mayor A est: __EE Iday of (1�i-tint,2004 Town Clerk By Town Admin' trator Day of_ ' 7►1 2004 APP OW i S TO,-I O r/ ; Town Attorney f � • INTERLOCAL AGREEMENT FOR BUILDING OFFICIAL, INSPECTION AND PLAN REVIEW TO BE PERFORMED BY THE TOWN OF DAVIE BUILDING CODE SERVICES DIVISION, • DEVELOPMENT SERVICES DEPARTMENT. CITY OF DANIA BEACH By: C.K.McElyea Attest: Mayor Louise Stilson City Clerk �. T71day of Seri ?7 004 Q3 'y�day of =`3c// ✓%' c 004 By:Iv ato City Manager day of Sr��2004 APPROVED AS TO FORM: By: Thomas Ansbro City AZQome • 1 —:3��-Alday of004 SCHEDULE "A" As Amended Dania Beach, Florida City permits and retains fees, Town charges hourly rate for services selected. The maximum number of personnel that will be available for any service category on any given day is two. The maximum number of personnel that will be available for all services categories on any given day is five. Services available for inspections and/or plan review. Building Official Structural Plumbing Mechanical Electrical Interlocal Agreement to Dania Beach, FL amendment there to; • Building Official Services/Plan Review Minimum 3.5 hours daily, 5 days a week in afternoon only. Structural Inspection/Plan Review Minimum 3.5 hours daily, 5 days a week Electrical inspection/Plan Review as needed 24 hour call ahead required for each 3.5 hour service block provided. Inspector Services for a full 8 hour day is limited to Wednesdays only. Mechanical inspection/Plan Review Minimum 3.5 hrs service on Mondays, Wednesday and Friday's Plumbing Inspections/Plan Review Minimum 3.5 hours daily, 5 days a week Administration:(954)797-1030 Engineering:(954)797-1113 Administrative Services:(954)797-1020 Fire Department:(954)797-1090 Budget&Finance:(954)797-1050 Police Department:(954)693-8200 Parks&Recreation:(954)797-1145 Public Works:(954)797-1240 ® \ ® Development Services:(954)797-1111 Utilities:(954)4334000 0 TOWN OF DAVIE 6591 Orange Drive • Davie, Florida 33314-3399 (954) 797-1000 November 2 2004 2004 r Ms. Miriam Nasser Deputy City Clerk City of Dania Beach 100 West Dania Beach Blvd. Dania Beach, Florida 33004 Re: Interlocal Agreement between the Town of Davie and the City of Dania Beach Dear Ms. Nasser: Please find enclosed a fully executed original agreement between the Town of Davie and the City of Dania Beach for your records. If you have any questions regarding this agreement,please feel free to contact Sheila Preston, Office Assistant, at 954 797-1023. Sincerely, Sheila Preston,Office Assistant Enclosure An Equal Opportunity Employer RESOLUTION R-2004=222 A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA, AUTHORIZING THE MAYOR TO EXECUTE AN INTERLOCAL AGREEMENT BETWEEN THE TOWN OF DAVIE AND THE CITY OF DANIA BEACH FOR INSPECTION, PLAN is REVIEW, BUILDING OFFICIAL AND RELATED SERVICES TO BE PERFORMED BY THE TOWN OF DAVIE BUILDING DIVISION OF THE DEVELOPMENT SERVICES DEPARTMENT. WHEREAS, A number of Broward Cities are in need of additional building inspection services to accommodate their work loads and; WHEREAS, Broward County Has experienced a reduction in their building inspection staffing levels resulting in the inability to provide these services to the aforementioned Broward Cities and WHEREAS, The Town of Davie desires to utilize its employees to the best benefit of the Town and has the capability with minor adjustments to provide such services and; WHEREAS, The provision of these building inspection services would enable the Town to enhance revenue producing opportunities and; WHEREAS, The City of Dania Beach is interested in obtaining Town of Davie building inspection services and; WHEREAS, The attached Interlocal agreement between the City of Dania Beach and the Town of Davie will permit both jurisdictions to accomplish these goals. • NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF DAVIE, FLORIDA. SECTION 1. The Town of Davie does hereby authorize the Mayor to enter into an Interlocal agreement with is attached as "Exhibit A". SECTION 2. That this resolution shall take effect immediately upon its passage and adoption. PASSED AND ADOPTED THIS DAY OF 2004. : !���-- MAYOR/CO ILMEMBER ATT T: TOWN CLERK APPROVED THIS �� DAY OF , 2004 fi! v.re V• � a � �+r� FLORIDA r October 6, 2004 Ms. Barbara McDaniel, MMC Assistant Town Clerk Town of Davie 6591 Orange Drive Davie, FL 33314 RE: INTERLOCAL AGREEMENT BETWEEN THE TOWN OF DAVIE AND THE CITY OF DANIA BEACH Dear Ms. McDaniel: On September 28, 2004, the Dania Beach City Commission adopted Resolution No. 2004-150 approving the above agreement. We enclose a copy of the resolution and two original agreements that have been executed by the City of Dania Beach. These agreements now require final execution by your Town officials. Upon execution, please keep one original and return the other original to me for our records. If you have any questions regarding this agreement, please contact Laurence Leeds, Director of Community Development, at 954-924-3640. Sincerely, Miriam Nasser Deputy City Clerk Enclosures i "Broward's First City' _ CITY OF DANIA BEACH DEPARTMENT OF COMMUNITY DEVELOPMENT . MEMORANDUM O/0 7s DATE: September 28, 2004 TO: Ivan Pato, City Manager FROM: Laurence Leeds, AICP, Director 4c, L46� Cc: Ken Koch, Building Official SUBJECT: Davie/Dania Beach Interlocal Services Agreement For some time now, the Building Division has utilized Broward County to keep up with the unprecedented demand for building plan review and inspection services. County plan reviewers and inspectors were available to provide next day service for as much time as the city required. In late July, the Broward County Building Division indicated that they could no longer provide unlimited, guaranteed service to any client city due to increased county-wide demand. County plan review/inspection services would still be provided, but a lesser level, subject to various conditions. • Building Official Ken Koch immediately began investigating what County inspection services could be provided pursuant to the County's new format. Ken also checked into a private inspection firm (Capri Engineering) and the Town of Davie for plan review/inspection services. Ken has advised me that there are no other alternatives (public or private) for providing construction services to Dania Beach at this time. Ken recommends (and I concur) contracting with the Town of Davie for plan review/inspection services. While no company or agency will be able to provide today's level of service, Davie is best situated to provide the best level of service of all the alternatives. Davie is also willing to provide an in-house building official '/2 a day, five days per week, until the City hires a new building official to replace Ken Koch, whose last day is September 30, 2004. Currently, the City requires approximately 100 hours per week of outside inspection services. Davie is willing to guarantee approximately 50 hours a week for inspection/plan review services plus an in-house Building Official for 17 1/2 hours a week. Nevertheless, as long as the present level of construction continues, homeowners, builders, and developers will all experience a reduction in level of service. Building plan review will take longer, and next day building inspections will not always be possible. This is a county-wide phenomenon (State-wide since Hurricane Charlie, Francis, and Ivan) and is due to the demand for building inspection service simply outrunning supply. • RECOMMENDATION Approval. TOWN OF DAVIE TOWN COUNCIL AGENDA REPORT TO: Mayor and Councilmembers FROM/PHONE: Mark A. Kutney, AICP, Development Services Director PREPARED BY: William O. Hitchcock, CBO, Building Official SUBJECT: Interlocal Agreement AFFECTED DISTRICT: Townwide TITLE OF AGENDA ITEM: A resolution of the Town of Davie, Florida authorizing the Mayor to execute an Interlocal agreement between the Town of Davie and the City of Dania Beach for inspection, plan review, building official and related services to be performed by the Town of Davie Building Division of the Development Services Department REPORT IN BRIEF: The impact of privatization of inspection services and lucrative wage offers has drastically reduced the county provision of inspection services to the Broward Cities. The Town of Davie is fortunate in having the capability of providing the building • inspection services to these organizations. Presently with minor adjustments to the current staff, the Town is positioned to enhance revenue opportunities by offering these services. PREVIOUS ACTIONS: CONCURRENCES: FISCAL IMPACT: Has request been budgeted? Yes, 04/05 Fiscal Year contemplates the addition of 4 part time inspectors; two building inspectors, one mechanical inspector and one plumbing inspector to assist in these services. If yes, expected cost: $ Account Name: Additional Comments: This agreement is expected to generate revenue to offset budgeted salary and benefit expenses. • RECOMMENDATION(S): Motion to approve resolution Attachment(s): Copy of Interlocal Agreement