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HomeMy WebLinkAboutR-2023-063 BC ILA for Guaranteed Partial Building Code ServicesRESOLUTION NO.2023- CX.0 ) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE A FIRST AMENDMENT TO THE INTERLOCAL AGREEMENT, IN ORDER TO PROVIDE FOR A TWO YEAR RENEWAL OF THE UNDERLYING 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 October 1, 2020; and WHEREAS, on September 30, 2023, the Interlocal Agreement for Building Code Services between the City and Broward County will expire; and WHEREAS, paragraph 4.1 of the underlying Interlocal Agreement provides for renewal for an additional two (2) year period upon request of City and upon acceptance by County; and WHEREAS, the City of Dania Beach adopted Ordinance No. 2018-021 to allow the expenditures of City funds to exceed One Million Dollars ($1,000,000.00) to for Broward County Permitting, Licensing and Consumer Protection Division of the Environmental Protection and Growth Management Department, which will include authorizing such expenditures which are made in future budgets for future fiscal years for the term of the contract; and WHEREAS, the City wishes to renew the Interlocal Agreement with Broward County for Guaranteed Partial Service Building Code Services and therefore seeks to enter into this First amended Interlocal Agreement. 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. Pursuant to Paragraph 4.1 of the underlying 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, the City seeks to execute the First Amendment to the underlying Interlocal Agreement, in order to renew the agreement for a two year period beginning October 1, 2023 and terminating September 30, 2025, which Amended Interlocal Agreement is incorporated by reference and attached to this Resolution as Exhibit "A". 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 all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict. Section 5. That this Resolution shall be in force and take effect immediately on October 1, 2023. PASSED AND ADOPTED on July 11, 2023. FINAL VOTE ON ADOPTION: Commissioner Joyce Davis Commissioner Tamara James Commissioner Marco Salvino Vice Mayor Lori Lewellen Mayor Archibald J. Ryan IV uQ�s ATTEST: E BO SIS CVTTO Y J m 2 RESOLUTION #2023-,0(03 EXHIBIT A Return recorded document to: Hipolito Cruz, Jr., Director Building Code Division 2307 West Broward Boulevard, Suite 300 Fort Lauderdale, Florida 33312 Document prepared by: Maite Azcoitia, Deputy County Attorney Broward County Attorney's Office Governmental Center, Suite 423 115 South Andrews Avenue Fort Lauderdale, Florida 33301 FIRST AMENDMENT TO INTERLOCAL AGREEMENT FOR GUARANTEED PARTIAL BUILDING CODE SERVICES TO BE PERFORMED BY THE BROWARD COUNTY BUILDING CODE DIVISION (F/K/A BUILDING CODE SERVICES DIVISION) OF THE RESILIENT ENVIRONMENT DEPARTMENT (F/K/A ENVIRONMENTAL PROTECTION AND GROWTH MANAGEMENT DEPARTMENT) This First Amendment to Interlocal Agreement is made and entered into 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. City and County entered into that certain Interlocal Agreement dated July 14, 2020 ("Agreement"), pursuant to Section 163.01, Florida Statutes, also known as the "Florida Intergovernmental Cooperation Act of 1969", whereby City procured guaranteed partial Building Code services within the municipal boundaries of City. B. The Agreement commenced on October 1, 2020, and shall remain in full force and effect until midnight September 30, 2023. The Agreement provides for renewal for an additional two (2) year period upon request of City and upon acceptance by County. C. Pursuant to Section 4.1 of the Agreement, the City has requested to enter into this First Amendment, which authorizes the renewal of the Agreement for an additional two (2) year period, commencing on October 1, 2023, and terminating on September 30, 2025. D. County, through the Building Code Division of the Resilient Environment Department, agrees to entering into this First Amendment, which would renew the underlying Agreement for an additional two (2) year period. 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: 1. The Recitals contained above are true and correct, form a material part of this First Amendment upon which the Parties have relied, and are incorporated by reference. 2. Paragraph 3.1 of the Agreement is hereby amended to read as follows: 3.1 For Services requested in Schedule A, County will provide Services at the rate of Eighty five and 671100 Ninety-two and 87/100 Dollars ($85.67 92.87) per hour for a Building Code Inspector, Ninety seven and 581100 Ninety-eight and 80/100 Dollars ($97..58 98.80) per hour for a Plans Examiner, NiMety eight and 56/100 Ninety-nine and 05/100 Dollars ($98.56 99.05) 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'/z) the normal hourly rate. All hourly charges will be billed in increments of thirty (30) minutes. 3. Paragraph 4.1 of the Agreement is hereby amended to read as follows: 4.1 This Agreement will commence on October 1, 2020, and shall continue in full force and effect until midnight September 30,'0" September 30, 2025. Unless terminated as provided in AFtiGle. 7, TERMINATION, this Agreement may he renewed for an additional two (2) year period upon request of Gity and approval of County, as provided in Section 4. Except as amended herein, all of the terms, conditions, and provisions of the underlying Agreement shall remain in full force and effect. 5. In the event of any conflict of ambiguity by and between the terms and provisions of this First Amendment and the Agreement, the terms and provisions of this First Amendment shall control to the extent of any such conflict. 6. This First Amendment shall be recorded in the public records of Broward County at City's expense. K IN WITNESS WHEREOF, the Parties hereto have made and executed this First Amendment to Interlocal Agreement on the respective dates under each signature: Broward County, through its County Administrator, authorized to execute same by Section 9.6 of the Interlocal Agreement; and the City of Dania Beach, signing by and through its , duly authorized to execute same. WITNESSES: Signature Print Name Signature Print Name MA/ BCD ILADania First Amendment 06/15/23 60053-0000 County 9 Broward County, through its County Administrator By: Monica Cepero County Administrator day of , 20_ Approved as to form by Andrew J. Meyers Broward County Attorney Governmental Center, Suite 423 115 South Andrews Avenue Fort Lauderdale, Florida 33301 Telephone: (954) 357-7600 0A Maite Azcoitia Deputy County Attorney day of 2023 FIRST AMENDMENT TO INTERLOCAL AGREEMENT FOR GUARANTEED PARTIAL BUILDING CODE SERVICES TO BE PERFORMED BY THE BROWARD COUNTY BUILDING CODE DIVISION (F/K/A BUILDING CODE SERVICES DIVISION) OF THE RESILIENT ENVIRONMENT DEPARTMENT (F/K/A ENVIRONMENTAL PROTECTION AND GROWTH MANAGEMENT DEPARTMENT) Attest: City Clerk Citv 9 City of Dania Beach Mayor day of 20_ (date) City Manager day of 20_ (date) Approved as to form: M City Attorney