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Home My WebLink AboutR-1997-062 RESOLUTION NO. 62-97 A RESOLUTION OF THE CITY OF DANIA, FLORIDA, APPROVING THE INTERLOCAL AGREEMENT BETWEEN BROWARD COUNTY AND THE CITY OF DANIA PROVIDING FOR THE FURNISHING OF PLAN REVIEW AND INSPECTION SERVICES; PROVIDING THAT ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH BE REPEALED TO THE EXTENT OF SUCH CONFLICT; AND PROVIDING FOR AN j EFFECTIVE DATE. WHEREAS, the City Commission, City Manager and City Attorney of the City of Dania, Florida, have reviewed the Interlocal Agreement between Broward County and the City of Dania providing for the furnishing of plan review and inspection services and find it to be appropriate to the needs of the City of Dania. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA, FLORIDA: Section 1. That the City Commission of the City of Dania, Florida does hereby approve the 'Interlocal Agreement between Broward County and City of Dania Providing for Plan Review and Inspection Services to be Performed by the Broward i County Building and Permitting Division", a copy of which is attached hereto and made a part hereof as Exhibit "A". Section 2. That the Mayor-Commissioner, City Manager and City Clerk- Auditor are hereby authorized and directed to forthwith execute said Agreement on behalf of the City of Dania, Florida. Section 3. That all resolutions or parts of resolutions in conflict herewith be and the same are hereby repealed to the extent of such conflict.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. � J 1 Resolution No. 62-97 I PASSED and ADOPTED on this 13 day of May , 1997. ATTEST: KOBER M� MAYOR - COMMISSIONER I MARI�LEE CITY CLERK -AUDITOR APPROVED AS TO FORM AND CORRECTNESS By: dn,wV C Qa�i FRANK C. ADLER, City Attorney I i 2 Resolution No. 62-97 i INTERLOCAL AGREEMENT Between BROWARD COUNTY and THE CITY OF DANIA for INSPECTION SERVICES/PLAN REVIEW TO BE PERFORMED BY THE BROWARD c0 TNTY B TTrDTN AND P RMTTTTNG DIVISION EXHIBIT "All I .1 INTERLOCAL AGREEMENT Between BROWARD COUNTY and THE CITY OF DANIA for INSPECTION SERVICES/PLAN REVIEW TO BE PERFORMED BY THE BROWARD COUNTY BUILDING AND PERMITTING DIVISION 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 THE CITY QV DA rTA , 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, BROWARD COUNTY maintains a Building and Permitting Division ("Building and Permitting") that conducts plan examinations and inspections pursuant to the South Florida Building Code; and WHEREAS, the CITY is desirous of procuring the services of COUNTY for the performance of plan examinations and/or inspections pursuant to the South Florida Building Code within the municipal boundaries of the CITY; and WHEREAS, COUNTY, through said Division, is willing to perform such services pursuant to the terms and conditions hereafter set forth; NOW, THEREFORE, IN CONSIDERATION of the mutual terms, conditions, promises, covenants and payments hereinafter set forth, COUNTY and CITY agree as follows: 1. SCOPE OF SERVICES: j1. 1. CITY agrees to transfer to COUNTY the authority to perform the inspection and/or plan review services in accordance with Schedule "A" attached hereto J ("Services") . 4 I i I 1. 2 . COUNTY shall perform the Services pursuant to Schedule ^ "A" through its Building and Permitting Division, or any successor division as may be designated by the County Administrator. 1.3 . Additional inspection and/or plan review services may be provided to CITY upon written request to the Director of Building and Permitting, subject to the availability of inspectors to perform such services. CITY shall compensate COUNTY for such additional services in accordance with Section 3, HOURS OF SERVICE AND COMPENSATION. 1. 4 . It is understood and agreed that COUNTY may be required to employ additional personnel to perform the Services required under this Agreement. 2. FQNCTIONB AND DQTTvB NOT ANgg RgD TO CO@ia7y; 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 listed below: Engineering Water Management Drainage Districts Traffic Engineering Natural Resource Protection Health Department Fire Protection In the event CITY desires to have COUNTY provide any of the above services, a separate agreement shall be re CITY and COUNTY. required between CITY and COUNTY agree that the role of the CITY Building Official as defined in the South Florida Building Code shall not be affected by the terms of this Agreement 3 . HOQRS OF SvavTrn a COHp NaamrnN. 3 . 1. CITY agrees to reimburse COUNTY for the Services provided pursuant to Schedule "A" in the estimated total amount of j STXTV Fnrrp Trrn[]enr,n------ and 00/100 Dollars ($ Qgp;) , not to exceed and estimated total of 1 .600 hours. CITY and COUNTY agree that the above amounts are estimated in order to afford COUNTY the opportunity to -2- i have the necessary resources available to provide such Services . 3 . 2 . COUNTY shall provide the Services set forth on Schedule "A" at the rate of Forty Dollars ($40 . 00) per hour. 3 . 3 . COUNTY shall invoice CITY on a monthly basis for actual services provided to CITY by COUNTY during the preceding month. CITY shall reimburse COUNTY within forty-five (45) days of the date of the invoice. 3 . 4 . In the event CITY requests that COUNTY perform additional inspection and/or plan review services in excess of the estimated total hours of service indicated in subsection 3 . 1 above, CITY shall reimburse COUNTY at the rate of Forty Dollars ($40. 00) per hour, payable monthly. CITY shall be invoiced for fractional portions of an hour the rate set forth herein. at 3 . 5. In the event additional services are required to be provided by COUNTY to CITY which exceed fifty (50) percent of the total hours set forth in subsection 3 . 1 above, CITY shall provide ninety (90) days notice to COUNTY in order to afford COUNTY the opportunity to obtain any additional resources that may be required to provide the requested supplementary services . � • TER1t OF AdR9*+up�; i 4 . 1 . This Agreement shall become effective at 12 : 01 a.m. , 1 June 20 , 1997 and shall continue in full force and effect until midnight, June 20 , 1999 . 4 . 2 . This Agreement shall remain in full force and effect unless written notice of termination by the COUNTY or the CITY is provided pursuant to Section 8 , NOTICES. Unless terminated as provided pursuant to Section 7, TERMINATION, this Agreement may be renewed for successive two (2) year periods upon request of CITY and upon acceptance by COUNTY. g• ZN12EriNIFICATION• CITY shall be responsible solely for the negligence of CITY ' s agents, servants and employees . 6. IN8 nurv; 6 . 1 . For the term of this Agreement, CITY shall maintain in full force and effect insurance policy(ies) or self insurance funds in the minimum amount stated in or el, Florida Statutes. Where such coverage is provided by i J -3- LA purchased insurance, the insurer shall be authorized to transact business in the state of Florida. 6. 2. CITY shall provide to the COUNTY, upon execution of this Agreement and each anniversary date thereof, certification of the insurance required therein. 7. T MXXEATXM: This Agreement may be terminated by either party upon thirty (30) days written notice to the other party of such termination pursuant to Section 8, NOTICES, herein. 8. NOTICES: I 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: IF TO COUNTY• Director, Broward County Building and Permitting Division 955 South Federal Highway Fort Lauderdale, Florida 33316 With copy to: County Administrator 115 South Andrews Avenue, Suite 409 Fort Lauderdale, Florida 33301 IF TO CITY: With Copy to: uA„ Ynnh r n„i113ing nffic.ial Michael Smith, City Mar . 100 W. Dania Beach Blvd. City of Dania Growth Management Department Dania, FL 33004 100 W. Dania Beach Blvd. Dania, FL 33004 9. HISCELLANEOUS PROVISIONS: 9. 1. Assignment: COUNTY shall perform the inspection and/or plan review services provided for in this Agreement exclusively and solely for the CITY which is a party to this Agreement. CITY shall not 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 i J -4- construed as a waiver of any future or continuing similar or dissimilar failure. 9. 3 . 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 i 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. 1 Ir i I AGREEMENT BETWEEN BROWARD COUNTY AND THE rrmv nF nANZA FOR INSPECTION SERVICES AND/OR PLAN REVIEW TO BE PERFORMED BY THE BROWARD COUNTY BUILDING AND PERMITTING DIVISION IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement 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 19 and the CITY, signing by and through its -rit1r rnmmicginn , authorized to execute same by Commission action on the day of 199 COUNTY ATTEST: BROWARD COUNTY, through its BOARD OF COUNTY COMMISSIONERS By----------------------------- County Administrator and Ex- Chairperson Officio Clerk of the Board of County Commissioners of Broward day of 19_ County, Florida Approved as to form Office of County Attorney for Broward County, Florida JOHN J. COPELAN, JR. , County Attorney Governmental Center, Suite 423 115 South Andrews Avenue Fort Lauderdale , Florida 33301 Telephone : ( 305) 357-7600 Telecopier : (305) 357-7641 By Assistant County Attorney I ✓ 6- AGREEMENT BETWEEN BROWARD COUNTY AND THE CITY OF DANIA FOR INSPECTION SERVICES AND/OR PLAN REVIEW TO BE PERFORMED BY THE BROWARD COUNTY BUILDING AND PERMITTING DIVISION CITY . CITY OF DANIA Attest : i, By Mayor-Commissioner City Clerk day of 19 i By City Manager day of _ , .19_ APPROVED AS TO FORM: City Attorney MA/ B&PFORM.A05 #96-49 4/28/96 SCHEDQLE nA�� INSPECTION SERVICES AND/OR PLAN REVIEW Indicate belor• "PS" for full service "PS" for partial services "NO" for no service INBPECTIDNB PLAN REVIEW 1. Structural P/S NIS 2. Plumbing P/S n/s 3 . Electrical P/S P/S 4 . Mechanical F/S F/S 5. Mobile Home NIS NIS 6. Code Enforcement of the South Florida Building Code NIS NIS ) (Plan review associated with the service selected shall be performed at the location specified by COUNTY) I I II I, -8- i"' i --, '�- __