HomeMy WebLinkAboutR-2001-123 RESOLUTION NO. 2001-123
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• repealed to the extent of such conflict;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 24th day of July, 2001.
PATRICIA FLURY
MAYOR —COMMISSIONER
ATTEST: ROLL CALL:
COMMISSIONER BERTINO - YES
U &�.t �6L kJ_ COMMISSIONER MCELYEA - YES
RLffNE JO SON COMMISSIONER MIKES -ABSENT
ACTING CITY CLERK VICE-MAYOR CHUNN - YES
MAYOR FLURY - YES
APPROVED AS TO FORM AND CORRECTNESS:
BY: _
THO AS�J. ANSbRO
CITY ATTORNEY
Res broward county inspection services.doc 1 RESOLUTION NO. 2001- 123
Return recorded copy to:
Cos Tornese, Director
Building Code Services Division
955 South Federal Highway-
Fort Lauderdale. FL 33316
DocLment 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/TOWNOF 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,
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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
CITYITOWN upon written request by the CITY/TOWN Manager or Administrator, or
designee, to the Director of the Building Code Services Division, subject to the availability
of staff.
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 CITYfTOWN. 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.
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ARTICLE 3 - COMPENSATION
PLEASE CHECK ONE OPTION ONLY:
OPTION A - SCHEDULE A (City/Town issues permits and retains fees. County charges
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 Dollars ($50.00) per hour for Building Official Services and Forty
Dollars ($40.00) per each staff hour for all other Services.
If warranted, the amounts set forth above shall be adjusted annually by the
Cost of Living Index in an amount not to exceed five percent (5%). No later
than May 1s` of each year, COUNTY shall provide CITY/TOWN with notice
of anticipated increases, if any. Any increases shall take effect on October
151 following the May 1 s1 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. The 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. [ J 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, inspections,
plan review, and Building Official duties.
In addition, CITY/TOWN shall reimburse COUNTY for additional services at
the hourly rate of'$40.00 per hour for Code Compliance services and/or
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$14.50 per hour(4 hour minimum)for COUNTY permitting clerical personnel
located within CITY/TOWN offices
If warranted, the amounts set forth above shall be adjusted annually by the
Cost of Living Index in an amount not to exceed five percent (5%). No later
than May 1" of each year, COUNTY shall provide CITY/TOWN with notice
of anticipated increases, if any. Any increases shall take effect on October
151 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 The 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 W ® , and shall continue in full force and effect until
midnigh , o ® This Agreement may be renewed for
additional period of two (2) years upon request of CITY/TOWN'S Manager
or Administrator, or designee, and acceptance by COUNTY Administrator.
4.2. This Agreement shall remain in fuil 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
• CAF230 4
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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
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, Broward 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 CITYITOWN:
KEN KOCH, BUILDING OFFICIAL
C BEACH
1 AN IA BEACH BOULEVARD
DA ACH, FL 33004
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.
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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. 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.
9.6. 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.
9.7 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.
9.8 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 Broward County and CITY/TOWN of Q h 0 V 13 rPr614 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 its Chair or Vice Chair,
authorized to execute same by Board action on the day of
(date) and the CITY/TOWN, signing by and through its
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Mayor & City Manager authorized to execute same by Commission action on the 2 4 th
day of Ju lv , 2001 (date).
• COUNTY
ATTEST. BROWARD COUNTY, through its
BOARD OF COUNTY COMMISSIONERS
By
County Administrator and Ex- Chair
Officio Clerk of the Board of
County Commissioners of Broward day of (date)
County, Florida
Approved as to form
Office of County Attorney
Broward County, Florida
Edward A. Dion, County Attorney
Governmental Center, Suite 423
115 South Andrews Avenue
Fort Lauderdale, Florida 33301
Telephone: (954) 357-7600
Telecopier (954) 357-6968
By_ —
Assistant County Attorney
C
4/18/018/01 7
INTERLOCAL AGREEMENT BETWEEN BROWARD COUNTY AND CITY/TOWN OF _
DANIA BEACH 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 DAN BEAC
By
Ac x City manager
CITY/TOWN Irk
3 0 day of July 2001
00
(date)
By —
CITY OWN anager
t 30 day of July 2001_
(date)
APPROVED AS TO FORM:
By
CI I /TOWN Attorney
MA/
B&PSERVLA04
4/18/01
• CAF230 8
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SCE ULE 66A»
i
Option `A' ( q2 Town issues permits and retains fees
Coypt
y 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
411' 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 Code
STRUCTURAL � N� T 21 S per Y9 S N 1 T 5-0 per Y Q
PLUMBING 51 Nam_ T 60 per Y R 0 N / T 3 0 per Y R
• FT I T ?�b d per ` P N / T 3U 0 per
MECHANICAL
ELECTRICAL 0 N I T SOU per 9 O N I T 3 0 per YP_
FIRE N T per ® N_L T Z6 per Y 12
Code
BUILDING OFFICIAL -S T l> per
NOTE: Any service code selected for Building Official services above, City/Town appoints
County pursuant to the requirements of Section 201.1(A)(1) of the South Fla. Building Code.
CODE COMPLIANCE
Code
SO. 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.
04/17/01 -9-
SCHEDULE "B'9
•
OPTION ' 13" (Count • issues permit: 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
4P' 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
Code
• South Florida Building Code T N
Business/Code inspections T N
(Prerequisite for obtaining Occupational License)
NOTE: Chapter162 of the Florida Statutes precludes the use of the Broward County Code
Enforcement Board by a CITY/TO" to provide for judicial action on code
enforcement violations.
On-site Permitting Clerical Personnel
Days required 1V1(_T_W_Th_F_
Half day Full day
( 4 hours) (8 hours)
*If`S' is service selected, it will be predicated on available staff.
(4-1 1-01) -l 0-
AGENDA REQUEST FORM
CITY OF DANIA BEACH
M1i.? YI
Y �
AGENDA ITEM NO.
1. DATE OF COMMISSION MEETING: JULY 24, 2001
2. DESCRIPTION OF AGENDA ITEM: CONSENT
3. COMMISSION ACTION BEING REQUESTED: APPROVAL OF FISCAL 2001-02
AGREEMENT BETWEEN DANIA BEACH AND BROWARD COUNTY BUILDING
DIVISION TO PROVIDE CERTAIN BUILDING INSPECTION SERVICES
Adopt Resolution ® / Expenditure
4. SUMMARY EXPLANATION & BACKGROUND:
For continuation of contract inspection services provided by Broward County
Building Division to Dania Beach: to include full or part-time mechanical
inspections; and interim building, plumbing and electric inspections during
vacation or other absence of staff inspectors
5. ATTACHED EXHIBITS AND ADDITIONAL BACKUP MATERIALS (PLEASE LIST):
Contract for services for fiscal 2001--02
• 6. FOR PURCHASING REQUESTS ONLY: Dept: Building Division
Fund: GENERAL: ® Amount: See Exhibit A -Agreement/"Schedule A"
Account name: Professional Services Account : 001-59-1020-53-310
Finance Director Approval: Date:
7. REVIEWED AND APPROVED FOR ADDITION ON AGENDA:
Submitted by:
Kenneth Koch ,Building Official Date 06/26/01
Growth Management Department
City Manager Date