HomeMy WebLinkAboutCity of Tamarac Resolution R-2012-076Temp Reso #12215
May 31, 2012/ Rev#1 06/18/12
Page 1
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2012- Z(0
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF TAMARAC, FLORIDA AUTHORIZING THE APPROPRIATE
CITY OFFICIALS TO EXECUTE THE INTERLOCAL
AGREEMENT BETWEEN BROWARD COUNTY AND THE
CITY OF TAMARAC FOR THE GO SOLAR PERMITTING
PROGRAM PROVIDING AN ON -DEMAND WEB BASED,
PERMITTING SYSTEM PROVIDED BY BROWARD COUNTY;
PROVIDING FOR CONFLICTS; PROVIDING SEVERABILITY;
AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Tamarac desires to support the Broward County Rooftop
SOLAR Challenge Grant; and
WHEREAS, the Department of Energy (DOE) announced that Broward County
was awarded a grant to increase the use of rooftop solar energy systems (attached
hereto as Exhibit #1); and
WHEREAS, the interlocal agreement provides municipal consent for building
permit -related services to be performed by the County's Permitting, Licensing and
Consumer Protection Division (at no cost to the city); and
WHEREAS, representatives of the County and the City of Tamarac along with other
participating partner cities have negotiated a means and method to accomplish the
objectives of providing a web -based permitting system for contractors to utilize allowing a
single point location for the issuance of permits; and
WHEREAS, the Building Official recommends that the City enter into the Interlocal
Agreement with Broward County for Go SOLAR Permitting Program; and
Temp Reso #12215
May 31, 2012/ Rev#1 06/18/12
Page 2
WHEREAS, the City Commission of the City of Tamarac, Florida deems it to be in
the best interests of the citizens and residents of the City of Tamarac to authorize the
appropriate City Officials to execute the Interlocal Agreement with Broward County for Go
SOLAR Permitting Program provided by the Broward County Permitting, Licensing and
Consumer Protection Division of the Environmental Protection and Growth Management
Department providing an on -demand web based permitting system provided by Broward
County (attached hereto as Exhibit #2) .
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA:
SECTION 1: That the foregoing "WHEREAS" clauses are hereby ratified and
confirmed as being true and correct and are hereby made a specific part of this Resolution.
All exhibits attached hereto are incorporated herein and made a specific part hereof.
SECTION 2: The appropriate City Officials are hereby authorized to execute the
Interlocal Agreement with Broward County for Go SOLAR Permitting Program provided by
the Broward County Permitting, Licensing and Consumer Protection Division of the
Environmental Protection and Growth Management Department providing an on -demand
web based, permitting system provided by Broward County;
SECTION 3: All resolutions or parts of resolutions in conflict herewith are hereby
repealed to the extent of such conflict.
SECTION 4: If any clause, section, other part or application of this Resolution is
Temp Reso #12215
May 31, 2012/ Rev#1 06/18/12
Page 3
held by any court of competent jurisdiction to be unconstitutional or invalid, in part or
application, it shall not affect the validity of the remaining portions or applications of this
Resolution.
SECTION 5: This Resolution shall become effective immediately upon its passage
and adoption.
PASSED, ADOPTED AND APPROVED this d-7 day of 9a1Lk- , 2012.
i;�"w G e--Z:)
BETH TALABISCO, MAY6171
ATTEST:
PETER M. J. IC ARDSON, CRM, CMC
CITY CLERK
I HEREBY CERTIFY THAT I HAVE
APPROVED THIS RESOLUTION
AS TO ORM
L S. GOREN
CITY ATTORNEY
1
RECORD OF COMMISSION VOTE:
MAYOR TALABISCO -9--"
DIST 1: COMM. BUSHNELL_414e/
DIST 2: COMM GOMEZ Gam
DIST 3: V/M GLASSER__
DIST 4: COMM. DRESSLE
Environmental Protection and Growth Management Department
115 S. Andrews Avenue, Roorn 329B, Fort Lauderdale, Florida 33301
954-357.6612 - FAX 954-357-8655
May 18. 2012
Mr, Michael Ccrnech
City Manager
1Z
City of"I'amarac
7525 NW 88th Avenue
Tamarac, Florida 33321
RE: Go SOLAR! Broward Rooftop Solar Challenge Interlocal Agreement (ILA)
Dear Mr. Cernech,
As one of our Go SOLAR partner citics, you received a letter dated May 10. 2012, requesting
council/commission approval of proposed zoning ordinance associated with the U.S. Department of
Energy's Go SOLAR! Broward Rooftop Solar Challenge Grant, awarded to Broward County and 14
participating partner cities, including the City of Tamarac, Now, as we continue to make progress on the
technical aspects of the web -based permitting application, we are also requesting your city approve the
attached Interlocal Agreement (ILA).
The ILA provides municipal consent for building permit -related services to be performed by the County's
Peri-nittino. Licensing and Consumer Protection Division (at no cost to the, city) to implement the Go
SOLAR web -based permitting Solution. The content of the ILA was developed with assistance from a
subcommittee consisting of participating city building officials and county staff. The agreement includes
provisions for rooftop photovoltaic solar PV system permit issuance, inspections, fie collection and
distribution, and zoning regulations and is currently scheduled to go before the Broward County
Commission for its approval in June 2012.
Your support in executing and returning the agreement to Ms. Maite Azcoitia, Deputy County Attorney
by August 2012 is necessary to meet the grant deadlines. If you would like
County Staff to attend any councillcommission meeting associated with this ILA, please call Jeffery
Halsey, Go SOLAR Technical Manager, at 954-519-1408.
Thank you for participating with Broward County in this exciting opportunity. If you have any questions
or concerns: 711s -call me at 954-357-6612.
Siliep, re,
AWndo Linares, Deputy Director
Attachments (1)
ee: Building Officials/(-jo SOLAR City Points of Contact
Gretchen Harkins
Cynthia Chambers
Broward County Board of County Commissioners
Sue GunzbQrger - Dale V.C. Hotness - Kristin Jacobs - Chip L,aMarca - Ilene Liebernian , Stacy Bluer - John E, Rodstrorn, Jr. - Barbara Shariet - Lois Wexler
www.broNard.org
Return recorded document to:
Jeffery Halsey, Director
Pollution Prevention, Remediation and
Air Quality Division
1 North University Drive
Plantation, FL 33324
Document prepared by:
Maite Azcoitia, Deputy County Attorney
Broward County Attorney's Office
Governmental Center, Room 423
115 South Andrews Avenue
Fort Lauderdale, FL 33301
Temp Reso #12215
May 31,2012
Exhibit #2
INTERLOCAL AGREEMENT FOR Go SOLAR
BUILDING PERMIT -RELATED SERVICES TO BE PERFORMED BY THE BROWARD
COUNTY PERMITTING, LICENSING AND CONSUMER PROTECTION 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,"
CITY OF TAMARAC a municipal
corporation existing under the laws of the state of Florida, hereinafter referred to as
"CITY/TOWN."
WHEREAS, this Agreement
Statutes, as amended, also known
and
is entered into
pursuant
to Section 163.01,
Florida
as the "Florida
Interlocal
Cooperation Act of
1969";
WHEREAS, the COUNTY and CITY/TOWN have agreed to work together under
a U.S. Department of Energy ("DOE") Rooftop Solar Challenge Agreement Number
DE-EE0005701 ("Go SOLAR- Broward Rooftop Solar Challenge"); and
WHEREAS, Go SOLAR is
part of a
DOE initiative, which strives to
make solar
energy cost
-competitive
with
other
forms of
energy
by
the end
of
the decade;
and
WHEREAS, the goal of reducing the installation costs of solar energy systems is
to contribute toward the widespread, large-scale adoption of this renewable energy
technology and restore the U.S. leadership in the global clean energy race; and
WHEREAS, DOE's Rooftop Solar Challenge serves as an incentive for
twenty-two (22) regional awardees to make it easier for Americans to implement solar
energy systems; and
1
increasing access to financing, COUNTY, CITY/TOWN, and other municipalities who
are participating in Go SOLAR will clear a path for rapid expansion of solar energy and
serve as models for other communities in the state of Florida and across the nation; and
WHEREAS, one primary goal of Go SOLAR is to create a web based permitting
solution for rooftop photovoltaic (PV) installations, whereby applicants can apply online
for a permit to install a PV system and immediately be issued a permit application,
complete with pre -approved design plans; and
WHEREAS, COUNTY maintains an Environmental Protection and Growth
Management Department which includes a Permitting, Licensing, and Consumer
Protection Division ("PLCPD") that conducts building plan review, permit inspections,
code enforcement, and other building permit -related services; and
WHEREAS,
upon permit fee,
municipality; and
COUNTY has agreed to accept
the
online applications,
an agreed
and
disseminate
the application
and
permit
fee
to
the
applicable
WHEREAS, CITY/TOWN agrees, at no additional cost to CITY/TOWN, to
transfer to COUNTY the authority to receive applications for rooftop PV installations
within municipal boundaries, to issue permits for those rooftop PV installations that
utilize pre -approved design plans under the CITY/TOWN permit brand, and distribute to
CITY/TOWN an agreed upon fee for those rooftop PV installations within CITY/TOWN
municipal limits for which COUNTY issues permits; and
WHEREAS, the COUNTY, through PLCPD, 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/TOWN agree as follows:
ARTICLE 1 - SCOPE OF SERVICES
1.1 Permits. CITY/TOWN agrees to transfer to COUNTY, and COUNTY agrees to
accept, the authority to receive web based applications for rooftop PV installations that
utilize the Go SOLAR permitting process and issue permits for said installations.
Applicants for permits submitting a web based application shall provide COUNTY with
Five Hundred Fifty-two and 00/100 Dollars ($552.00) via credit card payment. This fee
consists of the following:
$500.00 Basic Permit Fee
$24.00 Board of Rules and Appeals Surcharge
$7.50 Section 553.721, Florida Statutes, Surcharge
$7.50 Section 468.631, Florida Statutes, Surcharge
$13.00 Credit Card Convenience Fee
1.2 Inspections and re -inspections. CITY/TOWN retains the authority to conduct
inspections and re -inspections of rooftop PV installations which were permitted under
the Go SOLAR permitting process. Re -inspections of installations for which permits
were issued pursuant the Go SOLAR permitting process shall be scheduled through the
web based permitting system. Permit applicants shall provide County with Fifty-two and
00/100 Dollars ($52.00) per re -inspection via credit card payment. This fee consists of
the following:
$50.00 Re -inspection Fee
$2.00 Credit Card Convenience Fee
1.3 Fee Collection and Distribution: Beginning no later than the 15th of the second
month after the web based permitting system is active, and no later than the 15th of
each month thereafter during the term of this Agreement, COUNTY shall distribute the
amount of Five Hundred Thirty-nine and 00/100 Dollars ($539.00) to CITY/TOWN for
each permit issued for a rooftop PV installation within municipal boundaries during the
preceding month and Fifty and 00/100 Dollars ($50.00) for each re -inspection of a
rooftop PV installation scheduled during the preceding month, together with
documentation indicating the number of permits issued or re -inspections scheduled in
the preceding month for rooftop PV installations, the addresses for which the permits
were issued and/or re -inspections scheduled, and the permit number for each rooftop
PV installation permit issued or re -inspection scheduled within municipal limits. If no
permits were issued or re -inspections scheduled for rooftop PV installations during the
preceding month, COUNTY shall provide CITY/TOWN with documentation indicating
same. The $539.00 per permit and $50.00 per re -inspection provided to CITY/TOWN
consists of the following:
$500.00 Basic Permit Fee
$24.00 Board of Rules and Appeals Surcharge
$7.50 Section 553.721, Florida Statutes, Surcharge
$7.50 Section 468.631, Florida Statutes, Surcharge
$50.00 Re -inspection Fee
1.4 Zoninq. CITY/TOWN agrees to modify and/or amend its zoning regulations so
that web based applications for rooftop PV installations that utilize the Go SOLAR
permitting process shall be consistent with the CITY/TOWN zoning regulations and shall
not be subject to zoning review, inspection(s), or additional fees.
1.5 COUNTY shall perform the above Services through its PLCPD, or any successor
division as may be designated by the County Administrator.
ARTICLE 2 - FUNCTIONS AND DUTIES NOT TRANSFERRED TO THE COUNTY
It is specifically understood and
agreed that all
rights and powers unrelated
to the
issuance of
permits
for
the installation
of
rooftop
PV
systems
as may be vested
in
the
K
CITY/TOWN pursuant to Chapter 166, Florida Statutes, as amended, or any other law
or ordinance or Charter provision not specifically addressed by this Agreement, shall be
retained by the TOWN/CITY.
ARTICLE 3 - TERM OF AGREEMENT
3.1 This Agreement shall
be deemed to
have
commenced upon execution by the
COUNTY
and
shall
continue
in
full
force and
effect
until
February
14,
2020.
3.2 This Agreement shall remain
unless written notice of termination
pursuant to Article 7, NOTICES.
in full force and effect through the termination date
by the COUNTY or the CITY/TOWN is provided
ARTICLE 4 - GOVERNMENTAL IMMUNITY
CITY/TOWN is a municipal corporation existing under the laws of the State of
Florida and COUNTY is a political subdivision of the State of Florida. Each agrees to be
fully responsible for acts and omissions of its 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 5 - INSURANCE
The COUNTY is self insured in accordance with provisions set forth within
Section 768.28, Florida Statutes, as amended.
ARTICLE 6 - 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 7 - 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 THE COUNTY:
Director, Broward County Permitting,
Licensing and Consumer Protection 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/TOWN:
f�j vll� t .
With copy to:
. i.+ cc rl
Xc i 0 rLj-4 C
TE
ARTICLE 8 - MISCELLANEOUS PROVISIONS
8.1 ASSIGNMENT: COUNTY shall perform the selected services provided for in this
Agreement exclusively and solely for the CITY/TOWN which is a party to this
Agreement. Neither party shall have the right to assign this Agreement.
8.2 AMENDMENTS: Except for the
modifications, amendments, or alterations
shall be effective unless contained in a
formality and of equal dignity herewith.
provisions set forth in Section 3.1, no
in the terms or conditions contained herein
written document executed with the same
8.3 COMPLIANCE WITH LAWS: COUNTY shall comply with all federal, state, local
laws, codes, ordinances, rules, and regulations in performing its duties, responsibilities,
and obligations related to this Agreement.
8.4 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.
8.5 SEVERABILITY: The invalidity of any provision of this Agreement shall in no
way affect the validity of any other provision.
8.6 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
5
I
deviation from the terms hereof shall be predicated upon any prior representations or
agreements, whether oral or written.
8.7 INDEPENDENT CONTRACTOR: The COUNTY is an independent contractor
under this Agreement. Services provided by the COUNTY pursuant to this Agreement
shall be subject to the supervision of the COUNTY. In providing such Services, neither
the COUNTY nor its agents shall act as officers, employees, or agents of the
CITY/TOWN. This Agreement shall not constitute or make the parties a partnership or
joint venture.
8.8 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.
8.9 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.
8.10 INCORPORATION BY REFERENCE: The truth and accuracy of each
"Whereas" clause set forth above is acknowledged by the parties.
8.11 RECORDING: This Agreement shall be recorded in the Public Records of
Broward County, in accordance with the Florida Interlocal Cooperation Act of 1969.
8.12 MULTIPLE ORIGINALS: Multiple
deviation from the terms hereof shall be predicated upon any prior representations or
agreements, whether oral or written.
8.7 INDEPENDENT CONTRACTOR: The COUNTY is an independent contractor
under this Agreement. Services provided by the COUNTY pursuant to this Agreement
shall be subject to the supervision of the COUNTY. In providing such Services, neither
the COUNTY nor its agents shall act as officers, employees, or agents of the
CITY/TOWN. This Agreement shall not constitute or make the parties a partnership or
joint venture.
8.8 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.
8.9 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.
8.10 INCORPORATION BY REFERENCE: The truth and accuracy of each
"Whereas" clause set forth above is acknowledged by the parties.
8.11 RECORDING: This Agreement shall be recorded in the Public Records of
Broward County, in accordance with the Florida Interlocal Cooperation Act of 1969.
8.12 MULTIPLE ORIGINALS: Multiple
copies of
this
Agreement may be fully
executed
by all
parties,
each
of
which
shall
be deemed
to be
an original.
[THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK]
0
It
IN WITNESS WHEREOF, the parties hereto have made and executed this
Interlocal Agreement: BROWARD COUNTY, through its County Administrator,
authorized to execute same by Board action on -24 day of , 20121
and CITY OF TAMARAC, signing by and through its duly
authorized to execute same.
WITNESSES:
Signature
MARYANNE DARBY U
Print Name
c
Signature '
SUSANSEFERIAN.
Print Name
COUNTY
BRO ARD COUNTY, th ugh its
COU��TY ADIVIINISTR6� OR
-"Bertha'
County
'2 js)
day of
Henry
Ainystrator
Approved as to form by
Joni Armstrong Coffey
Broward County Attorney
Governmental Center, Suite 423
115 South Andrews Avenue
Fort Lauderdale Florida 33301
Telephone: (954)
Telecopier: (954)
ByL f `
Maite Azcoitia
357-7600
357-7641
Deputy County Attorney
1 2 0 / j-,,
(Date)
r
�
�
Interlocal Agreement for Building Permit -Related Services to be Performed by the
Broward County Permitting, Licensing and Consumer Protection Division of the
Environmental Protection and Growth Management Department
Attest:
CITY/TOWN
1Z
day ofQ4.4.�, 20 � 2"
uny/ i own manager
Z� day of �A-C,_, 20�
APPROVED AS TO FORM:
E
C ity/Town Attorney