HomeMy WebLinkAboutR-2020-066 City Authorizing to Execute an Interlocal Agreement with Broward County for ''Guaranteed Partial Service Building Code Services'' to be Performed by the Broward County Permitting, Licensing RESOLUTION NO. 2020-066
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO
EXECUTE AN 1NTERLOCAL 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 October 1, 2018; and
WHEREAS, on September 30,2020,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 apart 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 three(3)years beginning October 1,2020,up to and through September 30,
2023, 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 annual budget 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 immediately on October
1, 2020.
PASSED AND ADOPTED on June 23, 2020
ATTEST:
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THOMAS SCHNEIDER, CMC LORI LEWELLEN
CITY CLERK gelIS14 MAYOR
APPROVED AS TO FORM AND CORRECTNESS
E J 4
THOMA J. ANSBRO
CITY ATTORNEY
2 RESOLUTION#2020-066
Return recorded document to:
Hipolito Cruz, Jr., Director
Building Code Services 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 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.
BCF BCSDguarpartsvice 1
Rev. 04/5/19
Now, therefore, in consideration of the mutual covenants, promises, and
representations herein, the receipt and sufficiency of which are hereby acknowledged, the
Parties agree as follows:
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 will perform the Services through its BCSD, or any successor division as
may be designated by the County Administrator.
1.3 City will issue permits for the Services and retain the applicable fees. County will
charge City an hourly rate for providing City a guaranteed level of staffing for the 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 must 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 will 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 will be required between City and County.
BCF BCSDguarpartsvice 2
Rev. 04/5/19
ARTICLE 3 - COMPENSATION
3.1 For Services requested in Schedule A, County will provide Services at the rate of
Eighty-five and 67/100 Dollars ($85.67) per hour for a Building Code Inspector, Ninety-
seven and 58/100 Dollars ($97.58) per hour for a Plans Examiner, Ninety-eight and 56/100
Dollars ($98.56) 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 pre-approved by City,will be
at one and one half (1%) the normal hourly rate. All hourly charges will be billed in
increments of thirty (30) minutes.
3.2 All costs must be documented and said documentation provided to City with the
monthly invoices. County will 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)
calendar days after the date of the invoice. Any sums paid to County are nonrefundable to
City.
3.3 The amounts set forth above may 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 will
provide City with written notice of anticipated increases, if any. Any increases will take
effect on October 1 st following the May 1 St notification.Any rate charged to City shall not be
higher than the lowest rate offered to another city under contract with County for the same
services.
ARTICLE 4 -TERM OF AGREEMENT
4.1 This Agreement will commence on October 1, 2020, and will continue in full force
and effect until midnight September 30, 2023. Unless terminated as provided in Article 7,
TERMINATION,this Agreement may be renewed for an additional two(2)year period upon
request of City and approval of County, as provided in Section 9.6.
4.2 This Agreement will 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
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 will
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
BCF BCSDguarpartsvice 3
Rev. 04/5/19
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.
ARTICLE 8— NOTICES
Any and all notices given or required under this Agreement must 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:
Ana M. Garcia, ICMA-CM, City Manager
100 W Dania Beach Boulevard
Dania Beach, Florida 33004
ARTICLE 9 - MISCELLANEOUS PROVISIONS
9.1 ASSIGNMENT: County will perform the Services provided for in this Agreement
exclusively and solely for City that is a party to this Agreement. Neither party will have the
right to assign this Agreement.
BCF BCSDguarpartsvice 4
Rev. 04/5/19
9.2 WAIVER: The failure of either party to enforce any provision of this Agreement
will not be deemed a waiver of such provision or modification of this Agreement. A waiver
of any breach under this Agreement will 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 will be deemed severed
from this Agreement and the balance of this Agreement will 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 will 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 will be subject to the
supervision of County. In providing Services, neither County nor its agents will act as
officers, employees, or agents of City. This Agreement will 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 will 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 must be submitted to the jurisdiction of the State
courts of the Seventeenth Judicial Circuit of Broward County, Florida, the venue situs,
and will 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 PUBLIC RECORDS: The Parties shall comply with all public records requirements
of Chapter 119, Florida Statutes, as may be required by law.
IF EITHER PARTY HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO A
BCF BCSDguarpartsvice 5
Rev. 04/5/19
PARTY'S DUTY TO PROVIDE PUBLIC RECORDS RELATING
TO THIS CONTRACT, CONTACT THE BROWARD COUNTY
CUSTODIAN OF PUBLIC RECORDS, BARRY BALLESTER,AT
(954) 765-4400 EXT. 9803, (BUILDING@broward.org), ONE
UNIVERSITY DRIVE, SUITE B302, PLANTATION, FLORIDA
33324; OR THE CITY OF DANIA BEACH CUSTODIAN OF
PUBLIC RECORDS: THOMAS SCHNEIDER, BY TELEPHONE
(954) 924-6800 EXT. 3623, E-MAIL
(TSCHNEIDERADANIABEACHFL.GOV), OR MAIL 100 W
DANIA BEACH BOULEVARD, DANIA BEACH, FLORIDA 33004.
9.9 DRAFTING: This Agreement has been negotiated and drafted by the Parties
hereto and will not be more strictly construed against any party because of such party's
preparation of this Agreement.
9.10 COUNTERPARTS AND MULTIPLE ORIGINALS: This Agreement may be
executed in multiple originals, and may be executed in counterparts, each of which will
be deemed to be an original, but all of which, taken together, will constitute one and the
same agreement.
9.11 RECORDING: This Agreement will be recorded in the Public Records of Broward
County, in accordance with the Florida Interlocal Cooperation Act of 1969.
9.12 RECITALS: The truth and accuracy of each Recital set forth herein is
acknowledged by the Parties as being true and correct and form a material part of this
Agreement upon which the Parties have relied.
[Remainder of page intentionally left blank]
BCF BCSDguarpartsvice 6
Rev. 04/5/19
IN WITNESS WHEREOF, the Parties hereto have made and executed this
Interlocal Agreement Between County and City for 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 14th day of December, 2010, and City, signing by
and through its , duly authorized to execute
same by Commission action on the day of 120 .
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
MA/gm b
BCSD Dan iaBeach_guarpartialsvice-a01
3/26/20
BCF BCSDguarpartsvice 7
Rev. 04/5/19
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
Cit
City of Dania Beach
Attest:
By
Lori Lewellen
Mayor
Thomas Schneider, CIVIC
City Clerk day of , 20 (date)
By
Ana M. Garcia, ICMA-CM
City Manager
day of (date)
Approved as to form:
By
Thomas J. Ansbro
City Attorney
BCF BCSDguarpartsvice 8
Rev. 04/5/19
EXHIBIT A
TABLE TO BE PROVIDED BY BCSD
BCF BCSDguarpartsvice 9
Rev. 04/5/19
BRX,5ANARD
COUNTY
Environmental Protection and Growth Management Department
BUILDING CODE SERVICES DIVISION
1 North University Drive,Mailbox#302,Plantation,Florida 33324-954-765-5081
April 8, 2020
VIA ELECTRONIC MAIL: Agarcia@daniabeachfl.gov
Ana Garcia, City Manager
City of Dania Beach
100 W Dania Beach Blvd
Dania Beach, FL 33004
Dear Ms. Garcia
In accordance with the terms of the Interlocal Agreement for Guaranteed Partial Service between the City
of Dania Beach and the Broward County Building Code Services Division, this letter serves to report that
the current hourly rate structure for Building Code Services personnel will not incur a rate increase (0%)
and will remain the same for Fiscal Year 2021. Therefore, the following hourly rates (same as FY2020)
have been utilized to develop the County's budget:
Building Code Inspector........................... $85.67/hour
Plans Examiner...................................... $97.58/hour
Chief Building Code Inspector................... $98.56/hour
Building Official....................................... $99.80/hour
Clerical Support...................................... $37.70/hour
We understand the need to maintain hourly rates as low as possible and have implemented all possible
measures to reduce costs and maintain the same rates as Fiscal Year 2020. We remain committed to
placing our customer's needs first and will work diligently during the development of future budgets to
minimize further increases. We hope to maintain your trust and build on the solid foundation that has
supported our successful partnership over the years.
If I can provide additional information regarding this year's budgeting process or if you would like to discuss
the City's current service levels, please contact me or my staff at your convenience. Again, thank you for
your business.
Sincerely,
HIPOLITO Mptally signed by
HPOLTOCRUZ
CRUZ 1142243-04'00'a
Hipolito Cruz, Jr., Director
Building Code Services Division
cc: Damaris Lugo, P.E., Assistant Director, Building Code Services Division
Adam Attah, Broward County Building Official (Cities), Building Code Services Division
Sheryl Page, Business Manager, Building Code Services Division
Jack Fisher, Building Official, City of Dania Beach, Jfisher@daniabeachfl.gov
Tom Schneider, City Clerk, City of Dania Beach, Tschneider@daniabeachfl.gov
Broward County Board of County Commissioners
Mark D Bogen-Lamar Fisher-Beam Furr•Steve Geller-Dale V.C.Holness•Nan Rich-Tim Ryan-Barbara Shanef-Michael Udine
Broward org