HomeMy WebLinkAboutR-2012-146 - Executed Interlocal Agreement with Broward County for ''Guaranteed Partial Service Building Code Services'' RESOLUTION NO.2012-146
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO
EXECUTE AN INTERLOCAL AGREEMENT WITH BROWARD COUNTY FOR
"GUARANTEED PARTIAL 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.
WHEREAS,an Interlocal Agreement for Building Code Services(the"ILA")between the
City and Broward County was entered into on September 23, 2008; and
WHEREAS, the 2008 ILA was amended to extend its term on September 29, 2011,
December 14, 2011, and on June 26, 2012, and is due to expire on November 30, 2012; and
WHEREAS,the City published a Request for Proposals(the"RFP")under City's RFP No.
12-004 on January 4, 2012; and
WHEREAS,on March 27,2012,the City Commission rejected all bids and voted to retain
Broward County to perform the Building Code Services; and
WHEREAS,.on June 26,2012,the City Commission extended the ILA until November 30,
2012,in order for the term of the Agreement to coincide with the City's 2012-2013 fiscal year budget
cycle in order to allow time to negotiate a new Interlocal Agreement with Broward County for such
Services;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DANIA BEACH, FLORIDA:
Section 1. That that certain Interlocal Agreement for "Guaranteed Partial 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 services for a period of twenty(22) months to September 30, 2014, in
substantial form attached as Exhibit"A",is approved and the proper City officials are authorized to
execute it.
Section 2. That the funds for these guaranteed partial service building code services were
planned and are appropriated in the current 2012-2013 fiscal year budget in an annual amount not to
exceed $479,000.00 in the City's Building Permit Fund (Fund No. 107) within the Professional
Services Account, Account Number 31-10.
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repealed to the extent of such conflict.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 be in force and take effect immediately on
December 1, 2012.
PASSED AND ADOPTED on November 27, 2012.
ATTEST:
LOUISE STILSON, CMC AWALTER B. DUKE III
CITY CLERK MAYOR
�PapIs Nor
APPROVED AS TO F" CORRECTNESS
T
THO S J. ANSBRO
CITY ATTORNEYo
2 RESOLUTION#2012-146
Return recorded document to:
Susan Pierce, Director
Permitting,Licensing and Consumer
Protection Division
1 North University Drive,Bldg B,#302
Plantation,FL 33324
Document prepared by:
Mona Fandel,Consumer Protection Administrator
Permitting,Licensing and Consumer Protection Division
1 North University Drive,Bldg.B,#302
Plantation,FL 33324
INTERLOCAL AGREEMENT FOR
GUARANTEED PARTIAL 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 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 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:
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ARTICLE 1 - SCOPE OF SERVICES
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 For services not listed in Schedule A, 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.
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
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.
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ARTICLE 3 - COMPENSATION
3.1 For services requested in Schedule A, COUNTY shall provide services set forth
above at the rate of Sixty Nine and 30/100 Dollars ($69.30) per hour for a Building Code
Inspector, Seventy Nine and 80/100 Dollars ($79.80)per hourfor a Plans Examiner, Eighty
Four and 53/100 Dollars ($84.53) for a Chief Building Code Inspector, Ninety Four and
50/100 Dollars ($94.50) per hour for Building Official Services. Overtime, when approved
by the CITYITOWN, shall be at one and one half the normal hourly rate. All hourly charges
shall be billed in increments of thirty (30) minutes.
3.2 Ali costs shall be properly 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.
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 1st of each year, COUNTY shall
provide CITY with notice of anticipated increases, if any. Any increases shall take effect on
October 1st, following the May 1st notification.
ARTICLE 4 - TERM OF AGREEMENT
4.1 This Agreement shall be deemed to have commenced upon approval by the
COUNTY ADMINISTRATOR, and shall continue in full force and effect until midnight
September 30, 2014.
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
I
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 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 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 Permitting, Licensing and Consumer Protection Division
1 North University Drive, Bldg. B, #302
Plantation, Florida 33324
With copy to:
County Administrator
115 South Andrews Avenue, Suite 409
Fort Lauderdale, Florida 33301
TO CITY:
Robert Baldwin, City Manager
City of Dania Beach
100 West Dania Beach Boulevard
Dania Beach, FL 33004
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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.
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 INDEPENDENT CONTRACTOR: COUNTY is an independent contractor underthis
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.
5
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]
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, signing by and through its County
Administrator or designee, authorized to execute same by Board action on the 14t" day of
December, 2010, and the CITY, signing by and through its ,duly
authorized to execute same by Commission action on the day of
, 20
COUNTY
WITNESSES BROWARD COUNTY, through its
County Administrator or designee
Signature BY
Print/Type Name day of 20
Approved as to form by
Signature Office of the County Attorney
for Broward County, Florida
Governmental Center, Suite 423
Print/Type Name 115 South Andrews Avenue
Fort Lauderdale, Florida 33301
Telephone: (954) 357-7600
Telecopier: (954) 357-7641
By
Assistant County Attorney
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INTERLOCAL AGREEMENT FOR GUARANTEED PARTIAL 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
CITY
CITY OF DANI CH
Attest:
BY
M Or- ommissioner Walter B. Duke, III
CITY Clerk Louise stilson cq"7 day of /V/-' 20/<9,(date)
��O�pgp'S Fl�r cl�J-
By
CITY Manager Robert Baldwin
1 �
o? day of A101)6-7n c;D/a(date)
APPROVED AS TO FOR :
By i
6WAttorh- ey Thanas J. Ansbro
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