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AGENDA ITEM # 8C
AUGUST 8, 2011
INTERLOCAL AGREEMENT BETWEEN
THE CITY OF JACKSONVILLE AND THE CITY OF ATLANTIC BEACH
FOR TEMPORARY BUILDING INSPECTIONS
This Interlocal Agreement is entered into this day
of , 2011 (hereinafter referred to as the "Effective Date "), between the
City of Atlantic Beach, Florida ( "Atlantic Beach "), a municipality located in Duval
County, Florida. And the City of Jacksonville, Florida ( "Jacksonville "), a
municipality located in Duval County, Florida (collectively referred to herein as the
"Parties ").
WHEREAS, section 163.01, Florida Statutes, authorizes the joint exercise
by Interlocal agreement by two or more public agencies of any power common to
them; and
WHEREAS, Part XII of Chapter 468, Florida Statutes, requires all local
governments in Florida to have licensed building inspectors responsible for building
construction regulation and who are certified by the Florida Building Code
Administrators and Inspectors as qualified to perform such responsibilities ; and
WHEREAS, pursuant to section 125.56, Chapter 553 and Chapter 633,
Florida Statutes, the City and the County are empowered and directed to enforce the
Florida Building Code; and
WHEREAS, pursuant to sections 125.56 and 553.80, Florida Statutes,
Atlantic Beach and Jacksonville have the authority to provide a schedule of
AGENDA ITEM # 8C
AUGUST 8, 2011
reasonable inspection fees in order to defer the costs of inspection and enforcing the
Florida Building Code; and
WHEREAS, Atlantic Beach has only one (1) employee who is licensed to
inspect commercial building, electrical, plumbing, and mechanical inspection
services under the Florida Building Code (hereinafter referred to as the "Services ")
for Atlantic Beach; and
WHEREAS, problems can exist if that one (1) licensed employee is on
medical or personal leave or is otherwise unavailable when such Services are needed
for Atlantic Beach; and
WHEREAS, only during those times when that one (1) licensed employee is
unavailable, Atlantic Beach wants Jacksonville to provide, on a temporary basis,
when requested, such Services for Atlantic Beach; and
WHEREAS, Jacksonville agrees to provide such Services on a temporary
basis only during those times when that one (1) licensed employee is unavailable, as
provided in this Interlocal Agreement and contingent upon availability of
Jacksonville's employees to perform such Services; and
WHEREAS, THE Services described and contemplated herein are not
among those governmental services contemplated by the 1982 Interlocal Agreement,
as amended, which governmental services Jacksonville provides countywide; now
therefore
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AGENDA ITEM # 8C
AUGUST 8, 2011
IN CONSIDERATION of the above, and for other good and valuable
consideration, the legal sufficiency of which is admitted by the parties, Atlantic
Beach and Jacksonville do mutually agree, as follows:
SECTION 1. RECITALS. The above stated recitals are accurate, true and
correct and, by this reference, are made a part hereof and are incorporated herein.
SECTION 2. PURPOSE. It is recognized and acknowledged by the Parties
that the purpose of this Interlocal Agreement is to ratify, acknowledge and grant to
Jacksonville the ability, when requested by Atlantic Beach Building Department, to
regulate plumbing, electrical and mechanical installations and ensure compliance
with the Florida Building Code. Such regulation and administration of the Florida
Building Code shall be in the manner authorized by state law. Such requests will be
made, by Atlantic Beach, and the Services will be performed by Jacksonville, only
when Atlantic Beach's one (1) employee, who is licensed to provide such Services
for Atlantic Beach, is on medical or personal leave or is otherwise unavailable when
such Services are needed for Atlantic Beach; provided hou Jacksonville's
obligation to perform such Services is contingent upon availability of a Jacksonville
employee to provide such Services.
SECTION 3. DUTIES OF JACKSONVILLE. Jacksonville shall have and
perform the following duties, obligations, and responsibilities within the municipal
limits of the Atlantic Beach when specifically requested by the Atlantic Beach
Building Official when Atlantic Beach's one (1) employee who is licensed to
provide such Services for Atlantic Beach is unavailable:
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AGENDA ITEM # 8C
AUGUST 8, 2011
(A) Provide regulatory commercial building inspection services for permitted
construction activity related to building construction, erection, repair, addition,
remodeling, demolition, or alteration projects that are subject to the Florida Building
Code related to building, plumbing, electrical and mechanical work when requested
by the Atlantic Beach Building Official.
(B) Provide all permit holders a record as prescribed by Atlantic Beach of the
inspection results.
SECTION 4. DUTIES OF ATLANTIC BEACH. Atlantic Beach shall
cooperate with Jacksonville in the regulation of construction related inspection
activities and the temporary Services provided by Jacksonville when Atlantic
Beach's one (1) employee who is licensed to provide such Services for Atlantic
Beach is unavailable.
SECTION 5. PERMIT AND INSPECTION FEES. As compensation for
the provisions of Services described herein, Atlantic Beach shall pay Jacksonville
fifty dollars ($50.00) for each inspection or reinspection.
SECTION 6. TERM AND TERMINATION OF INTERLOCAL
AGREEMENT.
(A) This Interlocal Agreement shall commence on the Effective Date and
shall continue, in full force and effect, for a period of five (5) years from said
Effective Date; and at the end of such five (5) year period, it shall terminate.
4
AGENDA ITEM # 8C
AUGUST 8, 2011
(B) This Interlocal Agreement may be terminated by either party upon
thirty (30) days written notice to the other party.
SECTION 7. LIMITED LIABILITY Neither Atlantic Beach nor
Jacksonville, nor any agent, officer, official, or employee of Jacksonville or Atlantic
Beach shall be liable for any action taken pursuant to this Interlocal Agreement in
good faith or for any omission, except gross negligence, or for any act of omission or
commission by any other party hereto and its agents, officers, officials, or
employees. The terms of this Section 7 shall survive termination or expiration of the
Interlocal Agreement, for events occurring during the term of this Agreement.
SECTION 8. SEVERABILITY. In the event that any provision of this
Interlocal Agreement is declared illegal or invalid by a court of competent
jurisdiction, such declaration shall not affect the remainder of this Interlocal
Agreement.
SECTION 9. ENTIRE AGREEMENT. This Interlocal Agreement reflects
the full and complete understanding of the parties and may be modified or amended
only in a writing executed by all parties.
SECTION 10. EFFECTIVE DATE. This Interlocal Agreement shall
become effective on the later of (A) the date hereof, or (B) the date the last party
hereto executes this Interlocal Agreement and the filing requirements of Section 6
hereof are satisfied.
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AGENDA ITEM # 8C
AUGUST 8, 2011
SECTION 11. RECORDING. Atlantic Beach shall record this Interlocal
Agreement in the Official Records of Duval County, and shall advise Jacksonville of
such filing.
SECTION 12. NO THIRD PARTY BENEFICIARIES. This Agreement
shall be binding upon and inure solely to the benefit of each party hereto. Nothing in this
Agreement, express or implied, is intended to confer upon any other person any rights or
remedies of any nature whatsoever under or by reason of this Agreement..
SECTION 13. SECTION HEADINGS. Section headings appearing herein
are inserted for convenience or reference only and shall in no way be construed to be
interpretations of text.
[Remainder of page is left blank intentionally. Signature page follows immediately.]
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AGENDA ITEM # 8C
AUGUST 8, 2011
IN WITNESS WHEREOF, the City of Jacksonville and the City of Atlantic Beach, by
and through their respective authorized representatives, have caused this Agreement to be
executed on the day and year first above written.
ATTEST:
By
Neill W. McArthur, Jr.
Corporation Secretary
Form Approved:
Office of General Counsel
ATTEST:
By
Donna L. Bartle
City Clerk
CITY OF JACKSONVILLE
By
Alvin Brown
Mayor
CITY OF ATLANTIC BEACH
Utz
Mike Borno
Mayor
[End of signature page. Notary Jurats follow immediately.]
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AGENDA ITEM # 8C
AUGUST 8, 2011
STATE OF FLORIDA)
)ss.
COUNTY OF DUVAL)
The foregoing instrument was acknowledged before me this day of , 2011, by
Alvin Brown and Neill W. McArthur, Jr., the Mayor and Corporation Secretary respectively, of the City
of Jacksonville, a municipal corporation in Duval County, Florida.
Such persons: (notary must check applicable box)
❑ are personally known to me; or
❑ produced a current
❑ produced
as identification
(Sign)
(Print)
NOTARY PUBLIC
My Commission expires:
(NOTARIAL SEAL)
STATE OF FLORIDA)
)ss.
COUNTY OF DUVAL)
The foregoing instrument was acknowledged before me this day of , 2011, by
Mike Borno and Donna L. Bartle, the Mayor and City Clerk respectively, of the City of Atlantic Beach, a
municipal corporation in Duval County, Florida.
Such persons: (notary must check applicable box)
in
are personally known to me; or
produced a current
produced
as identification
(Sign)
(Print)
NOTARY PUBLIC
My Commission expires:
(NOTARIAL SEAL)
G: \Gov't Operations \NEILLM \CONTRAC'RATLANTIC BEACH Interlocal Agreement for Building Inspections COJ
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driver's license as identification; or
driver's license as identification; or
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