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Home My WebLink AboutR-2008-159 Broward County Building Code Services RESOLUTION NO. 2008-159 A RESOLUTION OF THE CITY OF DANIA BEACH,FLORIDA,AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE AN INTERLOCAL AGREEMENT WITH BROWARD COUNTY FOR "GUARANTEED SERVICE BUILDING CODE SERVICES TO BE PERFORMED BY THE BROWARD COUNTY PERMITTING, LICENSING AND CONSUMER PROTECTION DIVISION OF THE ENVIRONMENTAL PROTECTION AND GROWTH MANAGEMENT DEPARTMENT";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 for"Guaranteed Service Building Code Services to be Performed by the Broward County Permitting, Licensing and Consumer Protection Division of the Environmental Protection and Growth Management Department',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 That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict.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 on October 1, 2008. PASSED AND ADOPTED on September 9, 2008. ALBERT C. JONES MAYOR-COMMIS ONER ATTEST: F\iIST Or), LOUISE STILSON, CIVIC CITY CLERK m r APPROVED AS TO FO"ANORRE 'FN- BY: THOMAS J. ANSBIfO CITY ATTORNEY Return recorded document to: Armando Linares, Director Permitting, Licensing and Consumer Protection Division I North University Drive, Bldg B Plantation, FL 33324 Document prepared by: Charlie Torres,Admin Manager II Permitting,Licensing and Consumer Protection Division 1 North University Drive,Bldg.B Plantation,FL 33324 INTERLOCAL AGREEMENT FOR GUARANTEED SERVICE BUILDING CODE SERVICES TO BE PERFORMED BY THE BROWARD COUNTY PERMITTING, LICENSING AND CONSUMER PROTECTION DIVISION OF THE ENVIRONMENTAL PROTECTION AND GROWTH MANAGEMENT DEPARTMENT This is an Interocal 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 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 Section 163.01, Florida Statutes, also known as the "Florida Interlocal Cooperation Act of 1969"; and WHEREAS, COUNTY maintains an Environmental Protection and Growth Management Department which includes a Permitting, Licensing and Consumer Protection Division ("PLCPD") that conducts building official, plan review, permit inspections, code enforcement, and other services relating to building; and WHEREAS,the CITY is desirous of procuring from the COUNTY Guaranteed Partial Service Building Code Services within the municipal boundaries of the CITY; and WHEREAS, COUNTY, through PLCPD, 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: ARTICLE 1 - SCOPE OF SERVICES - 1 - 1.1. CITY agrees to transfer to COUNTY the authority to perform Services in accordance with the terms herein. 1.2 COUNTY shall perform the Services through its PLCPD, or any successor division as may be designated by the County Administrator. 1.3 CITY issues permits and retains fees. County charges hourly rate for providing a guaranteed level of staffing for the year to the CITY. Requested minimum level of staffing for the term of the Agreement will be based on Schedule A. This form of guarantee will enable PLCPD to supply the CITY with dedicated staff that will not be diverted away. 1.4 COUNTY shall provide dual-certified staff to perform either inspections or plan reviews. The electrical inspector/plan reviewer position is scheduled on as needed basis based on availability when CITY chief electrical inspector is out sick or on vacation. 1.5 COUNTY shall provide a building official multi-certified as a building official/structural plan reviewer/structural inspector and who shall also serve as the building division manager. While the building official is not responsible for formal disciplinary actions, preparation of employee evaluations, and the hiring and firing of employees,the building official shall advise the Community Development Director on related issues which may impact building division performance. 1.6 Building Official shall enforce the Florida Building Code and those portions of the Dania Beach City Code relating to construction and permitting. In addition, Building Official shall coordinate the building permitting and inspection process with the Planning and Zoning,Code Enforcement, and Occupational License Divisions, as well as the Public Services Department and Fire-Marshall. 1.7 Building Official shall be on-duty in the CITY main fire station during a hurricane event, including pre-storm preparations and post-storm damage assessment. Services provided after business hours shall be billed at the overtime hourly rate. CITY shall use best efforts to provide building official air conditioning, computer access, food service and emergency power during hurricane event. 1.8 Building Official shall be available for after-hours services to make emergency unsafe structure determination as needed. These services shall be provided at the overtime hourly rate. 1.9 Building Official shall be available to attend after-hours meetings of code enforcement board, unsafe structure, and city commission relative to building code violations or building division issues. After-hours services are billed at the overtime hourly rate. - 2 - 1.10 Building Official shall also work with the ADA coordinator selected by the CITY to assist with the implementation of the ADA Transition Plan adopted by the City Commisison of CITY. 1.11 All county inspectors shall use CITY software(HTE)to document and maintain permits and inspections. 1.12 For services not listed in Schedule A, or indicated in paragraphs 1.1 — 1.11, COUNTY will prioritize and respond to additional services requested such as emergency, intermittent, unplanned or limited, contingent on the availability of resources. Requests for additional service shall be delivered to PLCPD no later than 3:30 P.M.the business day prior to the date requested. 1.13 COUNTY agrees to furnish all vehicles needed by COUNTY employees in connection with the services specified in the Agreement. 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 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 excluding flood zone elevation permit determination Drainage Districts Traffic Engineering Natural Resource Protection Health Department Fire Protection 2.2 In the event CITY desires to have COUNTY provide any of the above Services, a separate agreement shall be required between CITY and COUNTY. ARTICLE 3 -COMPENSATION 3.1 For services requested in Schedule A, COUNTY shall provide services set forth above at the rate of Sixty Six and 00/100 Dollars ($66.00) per hour for a Building Code Inspector, Seventy Six and 00/100 Dollars ($76.00) per hour for a Plans Examiner, Eighty and 50/100 Dollars ($80.50)for a Chief Building Code Inspector, Ninety and 00/100 Dollars ($90.00) per hourfor Building Official Services. Overtime,when approved by the CITY, shall be at one and one half the normal hourly rate. All hourly charges shall be billed in increments of thirty(30) minutes. - 3 - 3.2 All costs shall be property documented and said documentation provided to the CITY with the monthly invoices. COUNTY shall invoice CITY on a monthly basis for the services requested in Schedule A by CITY for the preceding month. CITY shall reimburse COUNTY within thirty (30) days of the date of the invoice. Any sums paid to the COUNTY are non- refundable to the CITY/TOWN. 3.3 The amounts set forth above shall be adjusted annually by the COUNTY by an amount not to exceed five percent (5%) to address increases in operating and labor costs. Notwithstanding the foregoing, COUNTY may also adjust the amounts set forth above by amounts exceeding five percent (5%) in order to address natural disasters and other unforeseen events and circumstances. No later than May 1" of each year, COUNTY shall provide CITY with notice of anticipated increases, if any. Any increases shall take effect on October 151, following the May 15t notification. ARTICLE 4 -TERM OF AGREEMENT 4.1 This Agreement shall be deemed to have commenced upon approval by the COUNTY COMMISSION, and shall continue in full force and effect until midnight September 30, 2011. 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 is provided pursuant to Section 8, NOTICES. ARTICLE 5 - GOVERNMENTAL IMMUNITY CITY 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 partyto 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. - 4 - 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 underthis 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 Permitting, Licensing and Consumer Protection Division 1 North University Drive Plantation, Florida 33324 With copy to: County Administrator 115 South Andrews Avenue, Suite 409 Fort Lauderdale, Florida 33301 TO CITY: City Manager, City of Dania Beach 100 West Dania Beach Boulevard Dania Beach, Florida 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 which is a party to this Agreement. Neither party shall have the right to assign this Agreement. I 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 - 5 - 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 under this 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. 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. 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. [THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK] i i i - 6 - IN WITNESS WHEREOF, the parties hereto have made and executed this Interlocal Agreement Between COUNTY and CITY for selected Services to be Performed by the Broward County Permitting, Licensing and Consumer Protection Division of the Environmental Protection and Growth Management Department on the respective dates under each signature: BROWARD COUNTY through its BOARD OF COUNTY COMMISSIONERS, signing by and through its Mayor or Vice Mayor, authorized to execute same by Board action on the day of 20_ (date) and the CITY, signing by and through its authorized to execute same by Commission action on the_day of 20_ (date). COUNTY ATTEST: BROWARD COUNTY, through its BOARD OF COUNTY COMMISSIONERS By County Administrator and Ex- Mayor Officio Clerk of the Board of County Commissioners of Broward day of , 20 (date) County, Florida Approved as to form Office of County Attorney Broward County, Florida Governmental Center, Suite 423 115 South Andrews Avenue Fort Lauderdale, Florida 33301 Telephone: (954) 357-7600 Telecopier: (954) 357-6968 By Assistant County Attorney i I I - 7 - INTERLOCAL AGREEMENT FOR INSPECTION, PLAN REVIEW, BUILDING OFFICIAL AND RELATED SERVICES TO BE PERFORMED BY THE BROWARD COUNTY PERMITTING, LICENSING AND CONSUMER PROTECTION DIVISION OF THE ENVIRONMENTAL PROTECTION AND GROWTH MANAGEMENT DEPARTMENT. CITY CITY OF DANIA BEACH Attest: Mayor-Commissioner CITY/TOW N Clerk day of , 20` (date) By CITY Manager day of (date) APPROVED AS TO FORM: By CITY Attorney i S LL LL W ul 0 wi O. 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