HomeMy WebLinkAboutR-2016-096 Authorizes Execution of an Interlocal Agreement with Broward County for ''Guaranteed Partial Service Building Code Services'' to be Performed by Broward Co.Permitting, Licensing Division. RESOLUTION NO. 2016-096
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; WAIVING
COMPETITIVE BIDDING AND PROCEEDING WITHOUT ADVERTISEMENT
FOR BIDS; 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 August 26, 2014; and
WHEREAS,on September 30,2016,the Interlocal Agreement for Building Code Services
between the City and Broward County will expire; and
WHEREAS,the City wishes to renew the Interlocal Agreement with Broward County for
Guaranteed Partial Service Building Code Services;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DANIA BEACH, FLORIDA:
Section 1. That the above"Whereas"clauses are ratified,made a part of and incorporated
into this Resolution by this reference.
Section 2. That the 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 such
services for a period of two (2)years beginning October 1, 2016, up to and through September 30,
2018, which Agreement in substantial form is attached as Exhibit"A", is approved and the proper
City officials are authorized to execute it.
Section 3. That the funds for these services were planned and are appropriated in the
Department's proposed 2016-2017 fiscal year budget in an annual amount not to exceed Eight
Hundred Fifty Thousand Dollars ($850,000.00) in the City's Building Permit Fund, within the
Professional Services Account, Account No. 107-15-02-524-31-10.
Section 4. That the Agreement provides for initial hourly rates for various levels of
service during the first year and further provides that the rates may be adjusted annually, by the
County, by an amount of up to five percent (5%) for normal labor and benefit costs, and by more
than five percent(5%)for natural disasters and other unforeseen events and circumstances;however
the Agreement also provides for cancellation of service upon ninety(90)days written notice by either
party.
Section 5. That all resolutions or parts of resolutions in conflict with this Resolution are
repealed to the extent of such conflict.
Section 6. That this Resolution shall be in force and take effect on October 1, 2016.
PASSED AND ADOPTED on July 26, 2016.
ATTEST:
11 1 ref
LOUISE STILSON, CMC - ARCO A. SALVINO, SR.
CITY CLERK MAYOR
APPROVEED�AS TO FO ND ORRECTNESS
THOMAS,f . ANS O
CITY ATTORNF
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Return recorded document to:
Lenny Vialpando, Director
Environmental Licensing and Building
Permitting Division
1 North University Drive, Bldg B, #302
Plantation, FL 33324
Document prepared by:
Maite Azcoitia, Deputy County Attorney
Broward County Attorney's Office
Governmental Center, Suite 423
115 South Andrews Avenue
Fort Lauderdale, FL 33301
INTERLOCAL AGREEMENT FOR
GUARANTEED PARTIAL SERVICE
BUILDING CODE SERVICES TO BE PERFORMED BY THE BROWARD COUNTY
ENVIRONMENTAL LICENSING AND BUILDING PERMITTING 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 Environmental Licensing and Building
Permitting Division ("ELBPD") 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 ELBPD, 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
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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 ELBPD, 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 ELBPD 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 ELBPD 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.
ARTICLE 3 - COMPENSATION
3.1 For services requested in Schedule A, COUNTY shall provide services set forth
above at the rate of Seventy-eight and 40/100 Dollars ($78.40) per hour for a Building
Code Inspector, Eighty-nine and 30/100 Dollars ($88.30) per hour for a Plans Examiner,
Ninety and 20/100 Dollars ($90.20) for a Chief Building Code Inspector, Ninety-nine and
80/100 Dollars ($99.80) per hour for Building Official Services, and Thirty-nine and 20/100
Dollars ($39.20) per hour for Clerk 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.
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3.2 All 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 1 St, following the May 1 st notification.
ARTICLE 4 - TERM OF AGREEMENT
4.1 This Agreement shall commence on October 1, 2016, and shall continue in full force
and effect until midnight September 30, 2018.
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 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.
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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, Environmental Licensing and Building Permitting 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 OF DANIA BEACH:
City of Dania Beach
100 West Dania Beach Boulevard
Dania Beach, FL 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.
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
RESOLUTION#2016-096
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.
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]
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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 Environmental Licensing and Building Permitting 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 day of
, 20 , and the CITY, signing by and through its Mayor and City
Manager, duly authorized to execute same by Commission action on the day of
12016.
COUNTY
WITNESSES BROWARD COUNTY, through its
County Administrator or designee
Signature By
Print/Type Name day of 20
Approved as to form by
Signature Joni Armstrong Coffey
Broward County Attorney
Governmental Center, Suite 423
Print/Type Name 115 South Andrews Avenue
Fort Lauderdale, Florida 33301
Telephone: (954) 357-7600
Telecopier: (954) 357-7641
By
Maite Azcoitia
Deputy County Attorney
INTERLOCAL AGREEMENT FOR GUARANTEED PARTIAL SERVICE BUILDING CODE
SERVICES TO BE PERFORMED BY THE BROWARD COUNTY ENVIRONMENTAL
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LICENSING AND BUILDING PERMITTING DIVISION OF THE ENVIRONMENTAL
PROTECTION AND GROWTH MANAGEMENT DEPARTMENT
CITY
CITY OF DANIA BEACH
Attest:
By
Marco A. Salvino, Mayor
Louise Stilson, CMC, CITY Clerk day of July, 2016
By
Robert Baldwin, CITY Manager
day of July, 2016
APPROVED AS TO FORM:
By
Thomas J. Ansbro, CITY Attorney
Ma/
#16-49
7/6/16
ELBPDdania_guarpartia1svice-a01
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