CITY OF NORTH LAUDERDALE
COMMUNITY DEVELOPMENT DEPARTMENT
TO: Mayor and City Commission
FROM: Richard D. Sala, City Manager
BY: Tammy L. Reed-Holguin,
Community Development Director
DATE: March 27, 2007
SUBJECT: Amendment
to 2005 Interlocal Agreement with the Broward County Building
Code Services Division for Building Plan
Review/Inspection Services and Building Official Services.
As you know, the Broward
County Building Code Services Division has provided the above mentioned
services to the Community Development Department for over fifteen years. In October
2005, the City renewed a three year Agreement with the County which compounded
the 20% increase proposed in 2004 by another 5% and included a commitment to
specified level of service. In August
2006, less than halfway through the new three year agreement, the City received
a request to amend the Agreement with cost increases that ranged from 20-30%
per hour. The City Administration met
with the County Administrator to discuss this increase and
both agreed to review the request at the mid-point of the current Agreement,
March 31, 2007. This timeframe provided
the City time to review its fee structure and address any deficiencies, as well
as consider any other options for service.
The County has continued to provide these services on an
interim-basis based upon the level of service at the existing rate with the
automatic 5% increase on October 1, 2006 per contract. The City also contracted with an outside
private consulting company to provide supplemental structural inspection
services. Their rates are comparable to
those proposed by the County. Knowing
that whether the City makes a decision to stay with the County or to privatize
these services the rates will increase, the City contracted with an outside
consulting firm to review its fee schedule.
Tonight, you will hear the findings of that fee study from our
consultant that includes a recommendation to increase the fees to cover the
City’s costs.
In the last few months, the Community Development
Staff has been working diligently with the County staff to finalize the attached
amended agreement to continue these services, which we are presenting tonight
for the City Commission’s approval. The
amended agreement will become effective upon
approval by the Broward County Board of County Commissioners.
The City Attorney’s office has reviewed
the agreement and is satisfied with the contents.
Agreements Overview:
The major components of the proposed
amendments are as follows:
- The revised service
costs in the attached amended agreement will become effective upon
approval of the Broward County Board of County Commissioners.
The new cost structure reflects an average of 21% increase above the
automatic 5% increase that was incurred on October 1, 2006. Currently, the City is incurring costs of
$56.75 per hour for plan review, $60.15 per hour for inspections and $73.07
per hour for Building Official services.
With the proposed price increase, the hourly rate for plans review
will be $65.00, inspections will be $75.00 per hour and the Building
Official hourly rate will be $90.00.
A new category of Chief Building Code Inspector will be added at
the hourly rate of $77.00.
- In anticipation of these
cost increases, the staff has been working with a consulting firm, to
review and recommend appropriate revisions to the City’s Permitting and
Development Services Fee Schedule.
- The rates requested by
the County are comparable to the rates of private consulting firms
providing the same service.
- At the City’s request,
the County incorporated language that provides the City more control over
the inspectors that are assigned to the City and enables the City to
participate in the selection process when it comes to assigning the
inspectors. The County agrees to
make every effort to maintain the same inspector in the City and will
notify the City in advance of any re-assignments. The County will also take into account
requests from the City to replace personnel.
- The agreement, as
amended, would be effective until September 30, 2008, with an annual 5%
rate increase, and may be renewed for additional two (2) year periods upon
request by the City and acceptance by the County. The Agreement may be
terminated by either party upon written notice of ninety (90) days.
- The number of
structural inspectors requested in the Annual Service Agreement for a
Guaranteed Level of Service has been increased from one Full Time Equivalent
(FTE) to two FTEs. The staffing level of the other
disciplines remains the same.
- The City will continue
to provide clerical support, on a daily basis, and maintain all records
pertaining to inspections and plan reviews in the City Hall. In addition,
all citizen interactions regarding these services will continue to be
through the Community Development Department.
RECOMMENDATION:
The City Administration recommends Commission’s
consideration and approval of the attached Resolution authorizing and directing
the City Manager to enter into the attached amendment to the 2005 Interlocal Agreement
between the Broward County Building Code Services Division and the City of
North Lauderdale, to contract for building plan review/ inspection services and
building official.
RESOLUTION NO.
________________
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF NORTH LAUDERDALE,
FLORIDA, AUTHORIZING AND DIRECTING THE CITY MANAGER TO ENTER INTO THE AMENDMENT
TO THE 2005 INTERLOCAL AGREEMENT, ATTACHED HERETO, BY AND BETWEEN THE CITY OF
NORTH LAUDERDALE, FLORIDA AND BROWARD COUNTY, FLORIDA FOR INSPECTION, PLAN REVIEW,
BUILDING OFFICIAL AND RELATED SERVICES TO BE PERFORMED BY THE BROWARD COUNTY
BUILDING CODE SERVICES DIVISION, DEPARTMENT OF URBAN PLANNING AND REDEVELOPMENT; AND PROVIDING FOR AN EFFECTIVE DATE.
BE IT
RESOLVED BY THE CITY COMMISSION OF THE CITY OF NORTH
LAUDERDALE, FLORIDA:
Section 1: That the City Manager, be
and the same is hereby authorized and
directed
to enter into the Interlocal Agreement, attached hereto, by and between the
City of North Lauderdale, Florida and Broward County,
Florida, providing for Inspection, Plan
Review, Building Official and related Services to be performed by the Broward
County Building Code Services Division, Department of Urban Planning and
Redevelopment, effective upon approval by the Broward County Board of County Commissioners.
Section 2: That this Resolution
shall take effect immediately upon adoption.
PASSED
AND ADOPTED by the City Commission of the City of North Lauderdale, Florida
this day of March ____, 2007.
APPROVED
AS TO FORM:
___________________________
CITY
ATTORNEY SAMUEL GOREN
_________________________________
MAYOR
JACK BRADY
_________________________________
VICE
MAYOR RICH MOYLE
ATTEST:
_____________________________
CITY
CLERK C. MILLI DYER
Return
recorded document to:
Armando
Linares, Director
Building Code Services Division
955 South Federal Highway
Fort Lauderdale, FL 33316
Document
prepared by:
Charlie
Torres, Administrative Manager II
Building
Code Services Division
955 South Federal Highway
Fort Lauderdale, FL 33316
FIRST
AMENDMENT
TO
INTERLOCAL
AGREEMENT FOR
GUARANTEED PARTIAL SERVICE
BUILDING CODE SERVICES TO BE PERFORMED BY THE
BROWARD COUNTY BUILDING CODE SERVICES DIVISION OF
THE URBAN PLANNING AND REDEVELOPMENT DEPARTMENT
This is a First Amendment to 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,” through its Board of County
Commissioners,
AND
CITY OF NORTH LAUDERDALE,
a municipal corporation existing under the laws of the state of Florida, hereinafter
referred to as "CITY."
WHEREAS, COUNTY and CITY entered into an Interlocal
Agreement which was approved by the COUNTY on December 13, 2005, providing for
COUNTY to perform, within the municipal boundaries of the CITY, guaranteed
partial service, building code services regarding plan review, permit
inspections, building official, code enforcement, and other services relating
to building ("Interlocal Agreement"); and
WHEREAS, CITY is desirous of
amending the Interlocal Agreement, by amending the level of service specified in
Article 1 – Scope of Services; and
WHEREAS, COUNTY has agreed to
provide the amended level of service as requested; and
WHEREAS, COUNTY is desirous of
amending the Interlocal Agreement, by increasing its hourly rates as specified
in Article 3 – Compensation; and
WHEREAS, CITY has agreed to the new
hourly rates, pursuant to the terms and conditions set forth; and
WHEREAS, COUNTY and CITY are
desirous of amending the Interlocal Agreement, by amending the commencement
date of the term under the Interlocal Agreement; NOW THEREFORE,
IN CONSIDERATION of the mutual terms, conditions,
promises, covenants, and payments hereinafter set forth, the parties agree as
follows:
1. The above recitals and representations
set forth above in the “WHEREAS” clauses of this Agreement are true and correct
and are incorporated herein by this reference.
2. The
parties agree that Article 1 – SCOPE OF SERVICES of the Interlocal Agreement,
shall be amended to reflect the new level of service, and shall read as
follows:
1.3 CITY issues permits and
retains fees. COUNTY charges hourly rates
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 A-1. This form of guarantee will enable BCSD to
supply the CITY with dedicated staff that will not be diverted away.
1.4 For
services not listed in Schedule A A-1, 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 Broward County Building Code Services Division no later than 3:30
P.M. on the business day prior to the date requested.
3. The
parties agree that Article 3 – COMPENSATION of the Interlocal Agreement shall
be amended to provide reflect the new hourly rates, and shall read as follows:
3.1 For services
requested in Schedule A A-1, COUNTY shall provide services set
forth above at the rate of Fifty-Four and 05/100 Dollars ($54.05) Sixty-five
and 00/100 Dollars ($65.00) per hour for a Building Code Inspector, Fifty-seven
and 29/100 Dollars ($57.29) Seventy-five and 00/100 Dollars ($75.00)
per hour for a Plans Examiner, Seventy-seven and 00/100 Dollars ($77.00) per
hour for a Chief Building Code Inspector, Sixty-nine and 59/100 Dollars
($69.59) Ninety and 00/100 Dollars ($90.00) per hour for Building
Official 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.
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
A-1 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 Increases shall take effect on October 1st,
following the May 1st notification.
3.4
Broward County shall provide personnel who are properly licensed
and certified to perform inspections and/or plan review within the assigned discipline
and who are able to become quickly acquainted with the geography of the City.
Broward County shall make every reasonable effort to provide
continuous service using the same inspectors and plan reviewers who are
assigned to the City. The County shall notify the City in advance of
sending substitute inspectors/plan reviewers due to illness, vacation or other
temporary circumstances. Long-term changes in assigned inspectors must
have the prior approval of the City’s Community Development Director or her
designee. Prior to granting approval for the assignment of an inspector,
the City's Community Development Director may hold an interview with the
individual who is proposed to provide such inspection and/or plan review
services.
The County agrees to consider recommendations and/or
requests from the City when assigning inspectors and plan reviewers to the
City. The County shall assign personnel in a timely manner so as not to
interfere with proper staffing levels or create a backlog of plans review and
inspections.
4. The parties agree that Article 4 – TERM
OF AGREEMENT of the Interlocal Agreement, subsection 4.1, shall be amended to
reflect the new commencement date, and shall read as follows:
4.1 This Agreement shall be deemed
to have commenced on __________, based upon approval by the County Commission,
and shall continue in full force and effect until midnight September 30, 2008.
5. Schedule A, "Building Code
Services Division Annual Service Request," is hereby deleted and replaced
with Schedule A-1, attached hereto and incorporated herein. All references to Schedule A shall be deemed
to refer to Schedule A-1.
6. Except as amended herein, all other
terms and conditions of the Interlocal Agreement shall remain in full force and
effect.
7. In the event of any conflict or
ambiguity by and between the terms and provisions of this First Amendment to
the Interlocal Agreement and the Interlocal Agreement, the terms and provisions
of this First Amendment to Interlocal Agreement shall control to the extent of
any such conflict or ambiguity.
IN WITNESS WHEREOF, the parties hereto have made and
executed this First Amendment to Interlocal Agreement for Guaranteed Partial
Service, Building Code Services to be Performed by the Broward County Building
Code Services Division, Urban Planning and Redevelopment Department on the
respective dates under each signature:
BROWARD COUNTY through its BOARD OF COUNTY COMMISSIONERS, signing by and
through its Mayor or Vice Mayor, authorized to execute same by Board action on
the _____ day of ____________, 20__, and the CITY, signing by and through its
_____________________, authorized to execute same.
COUNTY
ATTEST: BROWARD COUNTY, through its
BOARD OF COUNTY
COMMISSIONERS
______________________________ By_____________________________
County Administrator and Ex- Mayor
Officio
Clerk of the Board of
County Commissioners of Broward ____
day of ____________, 20__
County, Florida
Approved as to form
Office of County
Attorney
Broward County, Florida
Governmental Center, Suite 423
115 South
Andrews Avenue
Fort Lauderdale, Florida 33301
Telephone:
(954) 357-7600
Telecopier:
(954) 357-6968
By_____________________________
Assistant County
Attorney
