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HomeMy WebLinkAboutR-2002-088 RESOLUTION NO. 2002-088 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE INTERLOCAL AGREEMENT BETWEEN BROWARD COUNTY AND THE CITY OF DANIA BEACH PROVIDING FOR "INSPECTION, PLANS REVIEW BUILDING OFFICIAL AND RELATED SERVICES"; PROVIDING FOR THE EXECUTION OF SAID 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 Broward County and the City of Dania Beach providing for"Inspection, Plans Review, Building Official and Related Services to be performed by the Building Code Services Division, Department of Safety and Emergency Services", in substantial form as Exhibit"A", attached, is approved and the proper city officials are authorized to execute it; Section 2. That all resolutions or parts of resolutions in conflict with this resolution are repealed to the extent of such conflict; Section 3. That this resolution shall be in force and take effect immediately upon its passage and adoption; PASSED AND ADOPTED on the 25 of June, 2002. W,e��w �j oi", O ERT H. CHUNN, JR. MA OR— COMMISSIONER ATT ST ROLL CALL: COMMISSIONER BERTINO -YES COMMISSIONER MCELYEA-YES RLE\IEJqHN80N COMMISSIONER MIKES - YES CITY CLERK VICE-MAYOR FLURY- YES MAYOR CHUNN - YES APPROVED A '0FRM AND CORRECTNESS: THOU ASV. ANSBRO CITY ATTORNEY Res. BC Inspection Svcs 1 RESOLUTION NO. 2002- 088 Return recorded document to: Cos Tornese, Director Building Code Services Division 955 South Federal Highway Fort Lauderdale, FL 33316 Document prepared by: INTERLOCAL AGREEMENT FOR INSPECTION, PLAN REVIEW, BUILDING OFFICIAL AND RELATED SERVICES TO BE PERFORMED BY THE BROWARD COUNTY BUILDING CODE SERVICES DIVISION, DEPARTMENT OF SAFETY AND EMERGENCY SERVICES 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/TOWN OF DA 0 13 F-A C N , a municipal corporation existing under the laws of the state of Florida, hereinafter referred to as "CITY/TOWN." WHEREAS, this Agreement is entered into pursuant to §163.01, Florida Statutes, also known as the "Florida Interlocal Cooperation Act of 1969"; and WHEREAS, COUNTY maintains a Department of Safety and Emergency Services which includes a Building Code Services Division ("Building Division")that conducts plan review, permit inspections, building official, code enforcement, and other services relating to building; and WHEREAS, the CITY/TOWN is desirous of procuring all or some of the Services of COUNTY for the performance of plan examinations, inspections, Building Official or other Services within the municipal boundaries of the CITY/TOWN; and WHEREAS, COUNTY, through said Division, is willing to perform such Services pursuant to the terms and conditions hereafter set forth; NOW, THEREFORE, CAF230 04/18/02 C- IN CONSIDERATION of the mutual terms, conditions, promises, covenants and payments hereinafter set forth, COUNTY and CITY/TOWN agree as follows: ARTICLE 1 - SCOPE OF SERVICES 1.1. CITY/TOWN agrees to transfer to COUNTY the authority to perform the Services in accordance with the attached Schedule A or B. 1.2. COUNTY shall perform the above Services pursuant to the attached Schedule through its Building Code Services Division, or any successor division as may be designated by the County Administrator. 1.3. it is understood and agreed that COUNTY may be required to employ additional personnel to perform the Services required under this Agreement, however, CITY/TOWN shall not be responsible for any costs or expenses associated with the hiring and employment of said additional employees. 1.4 Additional Services, pursuant to the attached Schedule, such as inspection, plan review, building official functions, etc., indicated on Schedule A or B may be provided to CITY/TOWN upon written Amendment to this Agreement, as provided in Section 9.6. 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/TOWN pursuant to Chapter 166, Florida Statutes, or any other law or ordinance or Charter provision of the CITY/TOWN not specifically addressed by this Agreement, shall be retained by CITY/TOWN. 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/TOWN desires to have COUNTY provide any of the above Services, a separate agreement shall be required between CITY/TOWN and COUNTY. CAF230 04/18/02 2 ARTICLE 3 - COMPENSATION PLEASE CHECK ONE OPTION ONLY: OPTION A - SCHEDULE A(City/Town issues permits and retains fees. County cha_rQe_s hourly rate for providing services) 3.1 ] 3.1.1 COUNTY shall provide the Services set forth in Schedule "A" at the rate of Fifty Two Dollars ($52.00) per hour for Building Official Services and Forty Two Dollars ($42.00) per each staff hour for all other Services. If warranted, the amounts set forth above shall be adjusted annually by an amount not to exceed five percent (5%) based on program costs. No later than May Is' of each year, COUNTY shall provide CITY/TOWN with notice of anticipated increases, if any. Any increases shall take effect on October 1 t following the May 1' notification. 3.1.2 COUNTY shall invoice CITY/TOWN on a monthly basis for actual Services provided to CITY/TOWN by COUNTY during the preceding month. CITY/TOWN shall reimburse COUNTY within forty-five(45)days of the date of the invoice. CITY/TOWN shall be invoiced for fractional portions of an hour in half hour increments to the nearest half hour at the rate set forth • herein. Any sums paid to the COUNTY are non-refundable to the CITY/TOWN except as provided in Section 7, TERMINATION, wherein the CITY/TOWN would be entitled to a pro rata reimbursement in the event COUNTY terminates this Agreement. 3.1.3 COUNTY will prioritize and respond to additional services requested such as emergency, intermittent, unplanned or limited, contingent on the availability of resources. OPTION B - SCHEDULE B (County Issues Permits and Retains Fees) 3.1 [ ] 3.1.1 Permits shall be issued by COUNTY in accordance with the fees charged pursuant to Chapter 40, Part VII, Broward County Administrative Code, as such fees may be amended from time to time. All fees shall be retained by COUNTY. COUNTY will provide permit issuance, permit inspections, plan review, and Building Official duties. In addition, CITYITOWN shall reimburse COUNTY for additional services at the hourly rate of $42.00 per hour for Code Compliance services and/or $14.50 per hour(4 four minimum)for COUNTY permitting clerical personnel located within CITY/TOWN offices. CAF230 04/18/02 3 If warranted, the amounts set forth above shall be adjusted annually by the an amount not to exceed five percent (5%) based on program costs. No later than May 1 St of each year, COUNTY shall provide CITY/TOWN with notice of anticipated increases,if any. Any increases shall take effect on October 11 following the May 1' notification. 3.1.2 COUNTY shall invoice CITY/TOWN on a monthly basis for actual Code Compliance and/or clerical services provided to CITY/TOWN by COUNTY during the preceding month. CITY/TOWN shall reimburse COUNTY within forty-five (45) days of the date of the invoice. CITY/TOWN shall be invoiced for fractional portions of an hour in half hour increments to the nearest half hour at the rate set forth herein. Any sums paid to the COUNTY are non-refundable to the CITY/TOWN except as provided in Section 7, TERMINATION, wherein the CITY/TOWN would be entitled to a pro rata reimbursement in the event COUNTY terminates this Agreement. 3.1.3 COUNTY 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 be deemed to have commenced on OCT. 1 a Za G 2- and shall continue in full force and effect until midnight, S CPT. 3o 2oo 4 This Agreement may be renewed for additional periods of two(2)years upon request of CITY/TOWN'S Manager or Administrator, or designee, and acceptance by the COUNTY 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 COUNTY or the CITY/TOWN is provided pursuant to Section 8, NOTICES. ARTICLE 5 - GOVERNMENTAL IMMUNITY CITY/TOWN is a state agency as defined in Chapter 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 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 maybe 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. ® CAF230 04/18/02 4 • 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 Section 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, Beoward County Building Code Services Division 955 South Federal Highway Fort Lauderdale, Florida 33316 With copy to: County Administrator 115 South Andrews Avenue, Suite 409 Fort Lauderdale, Florida 33301 TO CITY/TOWN: TU,4 0 PAT-0 c r -Y tl&O h- L-V too W. DA lA 0 CA-Cff 131-VD. PPS P(A R FA CN4 Ft 3 360 4 CAF230 04/18/02 5 ARTICLE 9 - MISCELLANEOUS PROVISIONS 9.1 ASSIGNMENT: COUNTY shall perform the selected Services provided for in this Agreement exclusively and solely for the CITY/TOWN 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 underthis 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/TOWN. 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 Section 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. CAF230 04/18/02 6 1. 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/TOWN for selected Services to be Performed by the Broward County Building Code Services Division on the respective dates under each signature: BROWARD COUNTY through its BOARD OF COUNTY COMMISSIONERS, signing by and through i Chair or Vice Chair,authorized to execute same by Board action on the 13t" day of food-(date)and the CITY/TOWN,signing by and through itsf kajA of-G o.�,ssi one- ,authorized to execute same by Commission action on the l5 day of , ao (date). COUNTY ATTEST: BROWARD COUNTY, through its BOARD OF COUNTY COMMISSIONERS • BY Cou ty Administrator and Ex- V' Chair Officio Clerk of the Board of bV County Commissioners of Broward day of (date) County, Florida Approved as to form 101 Office of County Attorney �MJ " Broward County, Florida ,a Edward A. Dion, County Attorney - Governmental Center, Suite 423 C�CrrT. '��_ 115 South Andrews Avenue r' Florida 33301� rsrs : � - Fort Lauderdale, C/' Telephone: (954) 357-7600 Telecopier. 954) 357-69 County Attorney CAF230 04/18/02 7 INTERLOCAL AGREEMENT FOR INSPECTION, PLAN REVIEW, BUILDING OFFICIAL AND RELATED SERVICES TO BE PERFORMED BY THE BROWARD COUNTY BUILDING CODE SERVICES DIVISION,DEPARTMENT OF SAFETY AND EMERGENCY SERVICES CITY/TOWN CITY/TOWN OF PhfJIA RMCN _ Attest: Lh&AJ-,-4- - BytIPOe , rkr eayor- ommissione City/Tow Clerk y or (date) CifARtE�rF ,� �1S©,v By ZVA, A = City/Town Manager day of (date) APPROVED AS TO FORM: B � J\ Y 1� ,FlotIAS puf geo 6 nown Attorney d.' • SCHEDULE "A99 Option `A' (City/Town issues permits and retains fees Coun charges hourly rate for services selected) INSTRUCTIONS: (Indicate service requested by placing a service code in the boxes provided) (Blank spaces indicates no services selected for that item) SERVICE CODE `F' full service-full time yearly availability `P' partial service-intermittent, yearly availability *`S' substitute-other than full or partial services(vacations, sick, etc.) `N'-approximate number of persons needed `T'-estimated time-hours per week, month, or year Indicate below an approximate number of personnel needed and an estimated amount of time needed. INSPECTIONS ( PLAN REVIEW Code STRUCTURAL N ( T �S per 11— N-1— T-_per PLUMBING ® N—L T Y per N I T I per H FT-1 r p MECHANICAL N—L T_2L per 1 N T 737 per ELECTRICAL N I T l r per h N I T per M FIRE N T per N T per CHIEF INSPECTOR N T per N T per BUILDING OFFICIAL SERVICES N_� T 10 per NOTE:Any service code selected for Building Official services above,City/Town appoints County pursuant to the requirements of the Florida Building Code(FBC),Broward County Amendments, Section 103.1. CODE COMPLIANCE Code FL.BUILDING CODE N_ T per BUSINESS/CODE INSPECTIONS N_ T per (Prerequisite for obtaining occupational license) *If'S' is service selected,it will be predicated on available staff. 04/29/02 -9- E � L T TT L SCH D�J "B" OPTION `B" Coun issues permits and retains fees) INSTRUCTIONS: (Indicate service requested by placing code in boxes provided) (Blank spaces indicates no services selected for that item) SERVICE CODE `F' full service-full time yearly availability `P' partial service-intermittent, yearly availability *`S' substitute-other than full or partial services(vacations, sick, etc.) `N'-approximate number of persons needed `T'-estimated time-hours per week, month.year Indicate below an approximate number of personnel needed and an estimated amount of time needed. ADDITIONAL SERVICES Code Compliance CITY shall reimburse COUNTY for additionalservices and Code Compliance services at the hourly rate of$42.00 per hour. Code ® Florida Building Code N T Business/Code inspections N T (Prerequisite for obtaining Occupational License) NOTE:Chapter]62 of the Florida Statutes precludes the use of the Broward County Code Enforcement Board by a CITY/TOWN to provide for judicial action on code enforcement violations. On-site Permitting Clerical Personnel City shall reimburse County for permitting clerical personnel services located within the city at a rate of $14.50 per hour (4 hour minimum). If COUNTY personnel are located within CITY offices, COUNTY shall provide CITY or CITY's Contract Provider the ability to print zoning inspections. Days required M T_W Th_F Half day Full day (4 hours) (8 hours) *If`S' is service selected, it will be predicated on available staff. (4-29-62) -10- B (;):®BARD -EW- ' COUNTY EC E � :_.� 'I ' JUL 1 8 2002 Safety and Emergency Services Department - BUILDING CODE SERVICES DIVISION 955 S. Federal Highway • Fort Lauderdale, Florida 33316 July 12, 2002 City of Dania Beach 100 West Beach Boulevard Dania Beach, FL 33004 Attn: Charlene Johnson, City Clerk Re: Interlocal Agreement for Plan Review and Inspection Services Dear Ms. Johnson: A few weeks ago a representative of the Broward County Building Code Services Division delivered five (5) copies of the Interlocal Agreement that offers Plan Review/ Inspection and Building Official Services to the City of Dania Beach. The current agreement with the City is going to expire effective September 30, 2002. In order to avoid a delay in the approval process, please have this agreement approved by the City Commission, signed by all authorized personnel and returned to the Building Code Services Division by the first or second week in August so that it can be placed on the next available Broward County Commission Agenda. In addition, please provide us with a copy of the Resolution or the minutes to the Commission meeting indicating approval of the agreement. The Broward County Commission will be in a recess period starting July 10, 2002 and there will be no agenda meetings until August 13, 2002. This will enable us to process the agreements in a timely fashion and without any interruption in service. Thank you for your cooperation in this matter. If there are any questions, or, if you would like courier service in order to expedite delivery, please contact me at 954-765- 5108 extension 273. Very truly yours, w Ellyn F. Camp Special Projects Coordinator ,.---, efc MIL a BrowardiCounty Board cfpCoo, Commisslo ers Josephus Eggelletlon,Jr. •Ben Graber• Sue Gunzburger• Kristin D Jacobs'-Ilene Lieberman Lori Nance Parish John E. Rodstrom,Jr. •James A.Scott • Diana Wasserman-Rubin www.browaFrd:org%building �,a 1 J = FLORIDA No.; E July 15, 2002 Ellyn Camp Special Projects Coordinator III Broward County Building Code Services Division 955 S. Federal Highway Fort Lauderdale, FL 33316 Re: Interlocal Agreement-Plan Review & Inspection Services with Broward County Dear Ms. Camp: On June 25, 2002, the Dania Beach City Commission adopted Resolution No. 2002-088 approving the Interlocal Agreement with Broward County for Plan Review and Inspection Services. We enclose five (5) fully executed Originals for execution by Broward County. Upon execution by Broward County, please return one (1) original to my attention. If you require any further information regarding this matter, please contact Laurence Leeds, Growth Management Director, at (954) 924-3640. Sincerely, Oarlene J nson City Clerk /cj Enclosures f "Broward's First City' 100 West Dania Beach Boulevard Dania Beach, Florida 33004 Phone: (954) 924-3600 www.chdania-beach.fl.us y � Board of County Commissioners, Broward County, Florida Department of Safety and Emergency Services Building Code Services Division BROWARD COUNTY 955 S. Federal Highway Fort Lauderdale FL 33316 Date: 01:3 /.;Lpodk Re: Interlocal Agreement for the City/Town of j�G r) 1 a �3e6t c, Please be advised that the Interlocal Agreement for plan review and inspection services with Broward County is due to expire effective September 30, 2002. Enclosed are five (5) copies of the new Interlocal Agreement. In accordance with the rate adjustment provision in the agreement, the rate for inspection and plan review services has been increased to $42. The rate for Building Official services has been increased to $52. The increase is due to increase costs in supplying these services. Upon review and acceptance of the agreement, please have it signed by an authorized representative of the municipality. Please return all five (5) executed copies along with a copy of the resolution or commission minutes indicating that the agreement was approved by the municipal board to the Broward Building Code Services Division. These documents will then be presented to the County Commission for final approval. Upon approval, one (1) original copy of the fully executed agreement grill be forwarded to the address designated on page five (5) in the agreement. When these documents are ready for delivery, we would be happy to provide courier service. Please contact Ellyn Camp at 954-765-5108, Extension 273. If you requires any further information, please do not hesitate to contact me. Sincerely, Ellyn C p Special Projects Coordinator III Enc. (5) cc Mike Natale, Building Code Supervisor BROWARD COUNTY BOARD OF COUNTY COMMISSIONERS—An Equal Opportunity Employer and Provider of Services Josephus Eggelletion,Jr. Ben Graber Suzanne N.Gunzburger Kristin D.Jacobs Ilene Lieberman Lori Nance Parrish John E. Rodstrom,Jr. James A,Scol Diana Wasserman-Rubin Visit us on the Internet:www.broward.org/building AGENDA REQUEST FORM CITY OF DANIA BEACH 70 AGENDA ITEM NO. 1. DATE OF COMMISSION MEETING: JUNE 25,2002 2. DESCRIPTION OF AGENDA ITEM: 3. COMMISSION ACTION BEING REQUESTED: Adopt Resolution or Ordinance 4. SUMMARY EXPLANATION &BACKGROUND: INTERLOCAL AGREEMENT FOR INSPECTION, PLAN REVIEW, BUILDING OFFICIAL AND RELATED SERVICES TO BE PERFORMED BY THE BROWARD COUNTY BUILDING CODE SERVICES DIVISION — DEPARTMENT OF SAFETY AND EMERGENCY SERVICES 5. ATTACHED EXHIBITS AND ADDITIONAL BACKUP MATERIALS (PLEASE LIST): STAFF MEMORANDUM RESOLUTION LETTER FROM ELLYN CAMP, BUILDING CODE SERVICES DIVISION INTERLOCAL AGREEMENT 6. FOR PURCHASING REQUESTS ONLY: Dept: BUILDING DIVISION 7. Amount: NIA- Renewal of Contract Fund: GENERAL: ® WATER: ❑ SEWER: ❑ STORMWATER: ❑ Account name: Professional Services Account#: 001-59-1020-53-310 Finance Director Approval: Date: 8. REVIEWED AND APPROVED FOR ADDITION ON AGENDA: Submitted by: Date Kenneth Koch, Building Official June 17, 2002 Department Director Date City Manager Date