HomeMy WebLinkAboutR-1999-094..
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RESOLUTION NO. 94-99
A RESOLUTION OF THE CITY OF DANIA BEACH,
FLORIDA, APPROVING THE INTERLOCAL AGREEMENT
BETWEEN BROWARD COUNTY AND THE CITY OF
DANIA BEACH PROVIDING FOR THE FURNISHING OF
PLAN REVIEW AND INSPECTION SERVICES;
PROVIDING THAT ALL RESOLUTIONS OR PARTS OF
RESOLUTIONS IN CONFLICT WITH THIS RESOLUTION
ARE REPEALED TO THE EXTENT OF SUCH CONFLICT;
FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, THAT:
Section 1. That the proper City officials are authorized to execute an
Agreement between the City of Dania Beach, Florida and Broward County for
inspection services and plan review, a copy of which is attached to and made a part of
this Resolution as Exhibit"A".
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resolution are repealed to the extent of such conflict.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 THIS 25TH D OF M 999.
G
R—COMMISSIONER
SHERYLC APMAN
ACTING CITY CLERK
APPROVED AS TO FORM AND CORRECTNESS:
By: '� \ ah �
THO AS J. A SBRO
CITY ATTORNEY
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Resolution No. 94-99
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INTERLOCAL AGREEMENT
Between
BROWARD COUNTY
and
City of Dania Beach
for
INSPECTION SERVICES/PLAN REVIEW TO BE PERFORMED
BY THE BROWARD COUNTY BUll DINOAND PERMITTING PERMITING DIVISION
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INTERLOCAL AGREEMENT
Between
BROWARD COUNTY
and
City of Dania Beach
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,"
City of Dania Beach AND
, 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:
1.1. CITY agrees to transfer to COUNTY the authority to perform the inspection
and/or plan review services in accordance with Schedule"A'attached hereto
("Services").
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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
i additional personnel to perform the Services required under this Agreement.
2. Fe NCIIO S AND DUTIES
NOT TRANSFERRED D COUNTY:
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 required between CITY and COUNTY.
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. HOURS OF SERVICE AND COMPENSATION:
3.1. CITY agrees to reimburse COUNTY for the Services provided pursuant to
Schedule "A" in the estimated total amount of Thirty Six Thousand
and 00/100 Dollars ($-36 000.oo_), not to exceed an estimated total of
800 hours. CITY and COUNTY agree that the above amounts are
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estimated in order to afford COUNTY the opportunity to 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($40.00) per hour, payable monthly. CITY shall be invoiced
for fractional portions of an hour at the rate set forth herein.
3.5. In the event additional services are required to be provided by COUNTY to
CITY which exceed fifty(50) percent of the total hours set forth in subsection
3.1 above. CITY shall provide ninety (90) days notice to COUNTY in order
to afford COUNTY the opportunity to obtain any additional resources that
may be required to provide the requested supplementary services.
4. TERM OF AGREEMENT:
4.1. This Agreement shall become effective at 12:01 a.m., June 21 ,199$nd
shall continue in full force and effect until midnight, _3a jepb,� 2001
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.
5. INDEMNIFICATION:
To the extent provided by law, each party agrees to indemnify and hold the other
party harmless from and against all claims. demands or causes of action of
whatsoever kind or nature arising out of an error, omission negligent acts. conduct
or misconduct of the other party, its agents, servants or employees.
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6. INSURANCE:
For the term of this Agreement, COUNTY shall maintain in full force and effect
insurance policy(ies) or self insurance funds in the minimum amount stated in
§768.28, Florida Statutes. Where such coverage is provided by purchased
insurance, the insurer shall be authorized to transact business in the state of
Florida.
7. TERMINATION:
This Agreement may be terminated by either party upon three (3) months written
notice to the other party of such termination pursuant to Section 8, NOTICES,
herein.
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:
IF TO COS tNT`/
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
Michael N. Smith
City Manager
City of Dania Beach
100 W. Dania Beac v
Dania Beach, FL 33004
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� 9.
MISCELI ANEOUS PROVISIONS:
9.1. sin en : COUNTY shall perform the inspection and/or plan review
services provided for in this Agreement exclusively and solely for the CITY
Mich is a party to this Agreement. CITY shall not have the right to assign
this Agreement.
9•2• Waive : 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.
19.3. Sev rabilit : 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 0f avr lNaiver o problems
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arising out of this transaction ndlany action Any rinvoly involving the troversies renforcement 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 r in : 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.
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IN WITNESS WHEREOF. the patties hereto have made and executed this
Interlocal Agreement Between Broward County and City of Dania B__actfor Inspection
Services/Plan Review to be Performed By The Broward County Building and Permitting
Division on the respective dates under each signature: BROWARD COUNTY through its
BOARD OF COUNTY COMMISSIONERS, signing by and througn its Chair or Vice Chair,
authorized to execute same by Board action on the
day of
Mayor dro) and the CITY, signing by and through its
authorized to execute same by Commission action on the
day of
aro).
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ATTEST: BROWARD COUNTY, through its
BOARD OF COUNTY COMMISSIONERS
County Administrator and Ex- By
Officio Clerk of the Board of Chair
County Commissioners of Broward
County, Florida _ day of
i (dro)
Approved as to form
Office of County Attorney
for Broward County, Florida
Governmental Center, Suite 423
115 South Andrews Avenue
Fort Lauderdale. Florida 33301
Telepncne: (954) 357-7600
Telecopier: (954) 357-6968
By
Assistant County Attorney
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INTERLOCAL AGREEMENT BETWEEN BROWARD COUNTY AND nini a Rn ch
FOR INSPECTION SERVICES/PLAN REVIEW TO BE PERFORMED BY THE
BROWARD COUNTY BUILDING AND PERMITTING DIVISION
CITY
DANI BEACH
CITY OF
Attest:
B
� Mayor-Commissioner
AG-r1,v6 CO Clerk 26thday of May 1999
, (mi)
By
Ci nag3r
2,6thd yof May 1999
APPROVED AS TO FORM:
By i
ity ttor ey
PMKtt
A.Z&PFORMAO5
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SCHEDULE "A"
INSPECTION SERVICES AND/OR PLAN REVIEW
IIndicat, e_ below:
"FS"for full service
"PS"for partial services
"NS" for no service
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INSPE_ CTDM ELARREMN
�• Structural PS Ps
2. Plumbing PS PS
3• Electrical PS PS
4• Mechanical Ps
_ PS
5• Mobile Home
N---S NS
6. Code Enforcement of
the South Florida
Building Code Ns
Ns
(Plan review associated with the service selected shall be performed at the location
specified by COUNTY)
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