HomeMy WebLinkAboutR-2012-076 - Authorized Execution of Agreement for ''Go Solar'' Building Permit-Related Services to be performed by Broward County RESOLUTION NO. 2012-076
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO
EXECUTE AN INTERLOCAL AGREEMENT BETWEEN BROWARD
COUNTY AND THE CITY OF DANIA BEACH, FLORIDA, FOR "GO
SOLAR" BUILDING PERMIT-RELATED SERVICES TO BE PERFORMED
BY BROWARD COUNTY; PROVIDING FOR CONFLICTS; FURTHER,
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the COUNTY and CITY have agreed to work together under a U.S.
Department of Energy ("DOE") Rooftop Solar Challenge Agreement Number DE-EE0005701
("GO SOLAR—Broward Rooftop Solar Challenge"); and
WHEREAS, GO SOLAR is part of a DOE initiative, which strives to make solar energy
cost-competitive with other forms of energy by the end of the decade; and
WHEREAS, on July 27, 2011 the City of Dania Beach provided a letter of commitment
to Broward County for participation in the Rooftop Solar Challenge grant program;
NOW,THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DANIA BEACH, FLORIDA:
Section 1. That the proper City officials are authorized to execute an Interlocal
Agreement for GO Solar building permit-related services to be performed by the Broward
County permitting, licensing and consumer protection division of the environmental protection
and growth management department on behalf of Broward County and the City of Dania Beach,
Florida, relating to "GO SOLAR— Broward Rooftop Solar Challenge".; a copy of the Interlocal
Agreement is attached as Exhibit "A", which is made a part of and is incorporated into this
Resolution by this reference.
Section 2. That the City Manager and City Attorney are authorized to make minor
revisions to the documents as are deemed necessary and proper for the best interests of the City.
Section 3. That all resolutions or parts of resolutions in conflict with this Resolution
are repealed to the extent of such conflict.
Section 4. That this Resolution shall take full force and effect immediately at the
time of its passage and adoption.
PASSED AND ADOPTED on June 26, 2012.
ATTEST:
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LOUISE STILSON, C C PATRICIA A. FLURY
CITY CLERK MAYOR
�aRp's Frgst
APPROVED AS TO O D CORRECTNESS:
1'RAN----
THOMAP J. A S R
CITY A TO EY
2 RESOLUTION#2012-076
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Return recorded document to:
Jeffery Halsey, Director
Pollution Prevention,Remediation and
Air Quality Division
l North University Drive
Plantation,FL 33324
Document prepared by:
Maite Azcoitia,Deputy County Attorney
Broward County Attorney's Office
Governmental Center,Room 423
115 South Andrews Avenue
Fort Lauderdale,FL 33301
INTERLOCAL AGREEMENT FOR Go SOLAR
BUILDING PERMIT-RELATED 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 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
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 Section 163.01, Florida
Statutes, as amended, also known as the "Florida Interlocal Cooperation Act of 1969";
and
WHEREAS, the COUNTY and CITY/TOWN have agreed to work together under
a U.S. Department of Energy ("DOE") Rooftop Solar Challenge Agreement Number
DE-EE0005701 ("Go SOLAR- Broward Rooftop Solar Challenge"); and
WHEREAS, Go SOLAR is part of a DOE initiative, which strives to make solar
energy cost-competitive with other forms of energy by the end of the decade; and
WHEREAS, thra goal of reducing the installation costs of solar energy systems is
to contribute toward the widespread, large-scale adoption of this renewable energy
technology and restore the U.S. leadership in the global clean energy race; and
WHEREAS, DOE's Rooftop Solar Challenge serves as an incentive for
twenty-two (22) regional awardees to make it easier for Americans to implement solar
energy systems; and
WHEREAS, by streamlining permitting processes, making available best
management practices for zoning codes, connecting solar power to the electric grid, and
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increasing access to financing, COUNTY, CITY/TOWN, and other municipalities who
are participating in Go SOLAR will clear a path for rapid expansion of solar energy and
serve as models for other communities in the state of Florida and across the nation; and
WHEREAS, one primary goal of Go SOLAR is to create a web based permitting
solution for rooftop photovoltaic (PV) installations, whereby applicants can apply online
for a permit to install a PV system and immediately be issued a permit application,
complete with pre-approved design plans; and
WHEREAS, COUNTY maintains an Environmental Protection and Growth
Management Department which includes a Permitting, Licensing, and Consumer
Protection Division ("PLCPD") that conducts building plan review, permit inspections,
code enforcement, and other building permit-related services; and
WHEREAS, COUNTY has agreed to accept the online applications, an agreed
upon permit fee, and disseminate the application and permit fee to the applicable
municipality; and
WHEREAS, CITY/TOWN agrees, at no additional cost to CITY/TOWN, to
transfer to COUNTY the authority to receive applications for rooftop PV installations
within municipal boundaries, to issue permits for those rooftop PV installations that
utilize pre-approved design plans under the CITY/TOWN permit brand, and distribute to
CITYITOWN an agreed upon fee for those rooftop PV installations within CITY/TOWN
municipal limits for which COUNTY issues permits; and
WHEREAS, the 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/TOWN agree as follows:
ARTICLE 1 -SCOPE OF SERVICES
1.1 Permits. CITY/TOWN agrees to transfer to COUNTY, and COUNTY agrees to
accept, the authority to receive web based applications for rooftop PV installations that
utilize the Go SOLAR permitting process and issue permits for said installations.
Applicants for permits submitting a web based application shall provide COUNTY with
Five Hundred Fifty-two and 001100 Dollars ($552.00) via credit card payment. This fee
consists of the following:
$500.00 Basic Permit Fee
$24.00 Board of Rules and Appeals Surcharge
$ 7.50 Section 553.721, Florida Statutes, Surcharge
$ 7.50 Section 468.631, Florida Statutes, Surcharge
$13.00 Credit Card Convenience Fee
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1.2 Inspections and re-inspections. CITYITOWN retains the authority to conduct
inspections and re-inspections of rooftop PV installations which were permitted under
the Go SOLAR permitting process. Re-inspections of installations for which permits
were issued pursuant the Go SOLAR permitting process shall be scheduled through the
web based permitting system. Permit applicants shall provide County with Fifty-two and
00/100 Dollars ($52.00) per re-inspection via credit card payment. This fee consists of
the following:
$50.00 Re-inspection Fee
$2.00 Credit Card Convenience Fee
1.3 Fee Collection and Distribution: Beginning no later than the 151' of the second
month after the web based permitting system is active, and no later than the 15'h of
each month thereafter during the term of this Agreement, COUNTY shall distribute the
amount of Five Hundred Thirty-nine and 00/100 Dollars ($539.00) to CITY/TOWN for
each permit issued for a rooftop PV installation within municipal boundaries during the
preceding month and Fifty and 00/100 Dollars ($50.00) for each re-inspection of a
rooftop PV installation scheduled during the preceding month, together with
documentation indicating the number of permits issued or re-inspections scheduled in
the preceding month for rooftop PV installations, the addresses for which the permits
were issued and/or re-inspections scheduled, and the permit number for each rooftop
PV installation permit issued or re-inspection scheduled within municipal limits. If no
permits were issued or re-inspections scheduled for rooftop PV installations during the
preceding month, COUNTY shall provide CITY/TOWN with documentation indicating
same. The $539.00 per permit and $50.00 per re-inspection provided to CITY/TOWN
consists of the following:
$500.00 Basic Permit Fee
$24.00 Board of Rules and Appeals Surcharge
$ 7.50 Section 553.721, Florida Statutes, Surcharge
$ 7.50 Section 468.631, Florida Statutes, Surcharge
$50.00 Re-inspection Fee
1.4 Zonin . CITYITOWN agrees to modify and/or amend its zoning regulations so
that web based applications for rooftop PV installations that utilize the Go SOLAR
permitting process shall be consistent with the CITY/TOWN zoning regulations and shall
not be subject to zoning review, inspection(s), or additional fees.
1.5 COUNTY shall perform the above Services through its PLCPD, or any successor
division as may be designated by the County Administrator.
ARTICLE 2 - FUNCTIONS AND DUTIES NOT TRANSFERRED TO THE COUNTY
It is specifically understood and agreed that all rights and powers unrelated to the
issuance of permits for the installation of rooftop PV systems as may be vested in the
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CITY/TOWN pursuant to Chapter 166, Florida Statutes, as amended, or any other law
or ordinance or Charter provision not specifically addressed by this Agreement, shall be
retained by the TOWN/CITY.
ARTICLE 3 -TERM OF AGREEMENT
3.1 This Agreement shall be deemed to have commenced upon execution by the
COUNTY and shall continue in full force and effect until February 14, 2020.
3.2 This Agreement shall remain in full force and effect through the termination date
unless written notice of termination by the COUNTY or the CITY/TOWN is provided
pursuant to Article 7, NOTICES.
ARTICLE 4 - GOVERNMENTAL IMMUNITY
CITY/TOWN is a municipal corporation existing under the laws of the State of
Florida and COUNTY is a political subdivision of the State of Florida. Each agrees to be
fully responsible for acts and omissions of its 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 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 5 - INSURANCE
The COUNTY is self insured in accordance with provisions set forth within
Section 768.28, Florida Statutes, as amended.
ARTICLE 6 -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 7 - 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 THE COUNTY:
Director, Broward County Permitting,
Licensing and Consumer Protection Division
1 North University Drive, Bldg. B, #302
Plantation, Florida 33324
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With copy to:
County Administrator
115 South Andrews Avenue, Suite 409
Fort Lauderdale, Florida 33301
TO CITY/TOWN-
With copy to:
ARTICLE 8 - MISCELLANEOUS PROVISIONS
8.1 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.
8.2 AMENDMENTS: Except for the provisions set forth in Section 3.1, 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.
8.3 COMPLIANCE WITH LAWS: COUNTY shall comply with all federal, state, local
laws, codes, ordinances, rules, and regulations in performing its duties, responsibilities,
and obligations related to this Agreement.
8.4 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.
8.5 SEVERABILITY: The invalidity of any provision of this Agreement shall in no
way affect the validity of any other provision.
8.6 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
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deviation from the terms hereof shall be predicated upon any prior representations or
agreements, whether oral or written.
8.7 INDEPENDENT CONTRACTOR: The COUNTY is an independent contractor
under this Agreement. Services provided by the COUNTY pursuant to this Agreement
shall be subject to the supervision of the COUNTY. In providing such Services, neither
the 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.
8.8 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.
8.9 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.
8.10 INCORPORATION BY REFERENCE: The truth and accuracy of each
"Whereas" clause set forth above is acknowledged by the parties.
8.11 RECORDING: This Agreement shall be recorded in the Public Records of
Broward County, in accordance with the Florida Interlocal Cooperation Act of 1969.
8.12 MULTIPLE ORIGINALS: Multiple copies of this Agreement may be fully
executed by all parties, each of which shall be deemed to be an original.
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IN WITNESS WHEREOF, the parties hereto have made and executed this
Interlocal Agreement between the COUNTY and the CITY/TOWN for 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_, CITY/TOWN, signing by and through its duly authorized representatives.
COUNTY
ATTEST: BROWARD COUNTY, by and through
its Board of County Commissioners
By
County Administrator and Ex-Officio , Mayor
Clerk of the Board of County
Commissioners of Broward
County, Florida
Approved as to form by
Office of County Attorney
Joni Armstrong Coffey, County Attorney
for Broward County, Florida
Governmental Center, Suite 423
115 South Andrews Avenue
Fort Lauderdale, Florida 33301
Telephone: (954) 357-7600
Telecopier: (954) 357-6968
By
Deputy/Assistant County Attorney
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Interlocal Agreement for Building Permit-Related Services to be Performed by the
Broward County Permitting, Licensing and Consumer Protection Division of the
Environmental Protection and Growth Management Department
CITYITOWN
Attest:
By
Mayor-Commissioner
day of 120
City/Town Clerk
BY
City/Town Manager
day of , 20
APPROVED AS TO FORM:
City/Town Attorney
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