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Home My WebLink AboutR-2018-122 City To Execute An Interlocal Agreement With The County For ''Guaranteed Partial Service Building Code Services'' Performed By The County's Permitting, Licensing & Consumer Protection Divisio RESOLUTION NO. 2018-122 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, 2016; and WHEREAS,on September 30,2018,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; and WHEREAS, the annual amount will exceed the Twenty-Five Thousand Dollars annual vendor threshold each year the contract is in place; 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, 2018, up to and through September 30, 2020, 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 (and will be) appropriated in the Department's fiscal year budgets in an annual amount not to exceed Eight Hundred Fifty Thousand Dollars ($850,000.00) for each fiscal year 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 ply. 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, 2018. PASSED AND ADOPTED on September 11, 2018. ATTEST: Q�,14 e�q�, o y ��NAdz THOMAS SCHNEIDER, CMC to. d" TAMARA JA ES CITY CLERK geZISHE�1� MAYOR i APPROVED 4S TO AND CORRECTNESS THOM S J. A SBRO CITY ATTORNEY 2 RESOLUTION#2018-122 Return recorded document to: Hipolito Cruz,Jr.,Director Building Code Services Division 1 North University Drive,Bldg B,4302 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 BUILDING CODE SERVICES TO BE PERFORMED BY THE BROWARD COUNTY BUILDING CODE SERVICES 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," collectively referred to as the "Parties." A. This Agreement is entered into pursuant to Section 163.01, Florida Statutes, also known as the "Florida Interlocal Cooperation Act of 1969." B. County maintains an Environmental Protection and Growth Management Department that includes a Building Code Services Division ("BCSD"), which conducts building official, plan review, permit inspections, code enforcement, and other services relating to the Florida Building Code ("Building Code"). C. City is desirous of procuring from County guaranteed partial Building Code services within the municipal boundaries of City, consistent with Schedule A attached hereto ("Services"). D. County, through BCSD, is willing to perform such Services pursuant to the terms and conditions hereafter set forth. NOW, THEREFORE, in consideration of the mutual covenants, promises, and representations herein, the Parties agree as follows: ARTICLE 1 - SCOPE OF SERVICES 3 RESOLUTION#2018-122 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 BCSD, or any successor division as may be designated by the County Administrator. 1.3 City shall issue permits for the Services and retain the applicable fees. County shall charge City an hourly rate for providing City a guaranteed level of staffing forthe year. The requested minimum level of staffing for the term of the agreement will be based on Schedule A. This form of guarantee will enable BCSD to supply City with dedicated staff that will not be diverted from City. 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 BCSD 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 City pursuant to Chapter 166, Florida Statutes, or any other law or ordinance or Charter provision of 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 additional 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 Eighty-three and 17/100 Dollars ($83.17) per hour for a Building Code Inspector, Ninety-four and 74/100 Dollars ($94.74) per hour for a Plans Examiner, Ninety- five and 69/100 Dollars ($95.69) per hour for a Chief Building Code Inspector, Ninety-nine and 80/100 Dollars ($99.80) per hour for Building Official Services, and Thirty-seven and 70/100 Dollars ($37.70) per hour for clerical services. Overtime, when approved by City, 4 RESOLUTION#2018-122 shall be at one and one half(1%) the normal hourly rate. All hourly charges shall be billed in increments of thirty (30) minutes. 3.2 All costs shall be documented and said documentation provided to 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 after the date of the invoice. Any sums paid to County are nonrefundable to City. 3.3 The amounts set forth above shall be adjusted annually by County, in an amount not to exceed five percent (5%) each year, 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 st 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, 2018, and shall continue in full force and effect until midnight September 30, 2020. 4.2 This Agreement shall remain in full force and effect through the termination date unless written notice of termination by County or City is provided pursuant to Article 8, NOTICES. ARTICLE 5 - GOVERNMENTAL IMMUNITY Nothing herein is intended to serve as a waiver of sovereign immunity by any party nor shall anything included herein be construed as consent to be sued by third parties in any matter arising out of this Agreement or any other contract. City is a state agency or political subdivision as defined in Section 768.28, Florida Statutes. Each party shall be fully responsible for the acts and omissions of its agents or employees to the extent permitted by law. 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 Article 8, NOTICES. 5 RESOLUTION#2018-122 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, Building Code Services 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 Manager, City of Dania Beach 100 W Dania Beach Boulevard Dania Beach, Florida 33004 ARTICLE 9 - MISCELLANEOUS PROVISIONS 9.1 ASSIGNMENT: County shall perform the Services provided for in this Agreement exclusively and solely for City which is a party to this Agreement. Neither party shall have the right to assign this Agreement. 9.2 WAIVER: The failure of either party to enforce any provision of this Agreement shall not be deemed a waiver of such provision or modification of this Agreement. A waiver of any breach under this Agreement shall not be deemed a waiver of any subsequent breach. 9.3 SEVERABILITY: In the event any part of this Agreement is found to be unenforceable by any court of competent jurisdiction, that part shall be deemed severed from this Agreement and the balance of this Agreement shall remain in full force and effect. 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. 6 RESOLUTION#2018-122 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 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 in Schedule A 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. BY ENTERING INTO THIS AGREEMENT, CITY AND COUNTY HEREBY EXPRESSLY WAIVE ANY AND ALL RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO THIS AGREEMENT. 9.8 DRAFTING: This Agreement has been negotiated and drafted by the parties hereto and shall not be more strictly construed against any party because of such party's preparation of this Agreement. 9.9 COUNTERPARTS AND MULTIPLE ORIGINALS: This Agreement may be executed in multiple originals, and may be executed in counterparts, each of which shall be deemed to be an original, but all of which, taken together, shall constitute one and the same agreement. 9.10 RECORDING: This Agreement shall be recorded in the Public Records of Broward County, in accordance with the Florida Interlocal Cooperation Act of 1969. 7 RESOLUTION#2018-122 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 Building Code Services 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 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 Andrew J. Meyers 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 8 RESOLUTION#2018-122 INTERLOCAL AGREEMENT FOR GUARANTEED PARTIAL SERVICE BUILDING CODE SERVICES TO BE PERFORMED BY THE BROWARD COUNTY BUILDING CODE SERVICES DIVISION OF THE ENVIRONMENTAL PROTECTION AND GROWTH MANAGEMENT DEPARTMENT CITY CITY OF DANIA BEACH Attest: By Tamara James Mayor Thomas Schneider, CMC day of , 20 City Clerk By Robert Baldwin City Manager day of ,20 APPROVED AS TO FORM: By Thomas J. Ansbro City Attorney Ma/ #18-49 6/13/18 BCSDDania_guarpar ialsvice-a01 9 RESOLUTION#2018-122