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08-08-11 v AGENDA ITEM#8C AUGUST 8,2011 CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM: Approval of Interlocal Agreement, and Authorization for the Mayor or Designee, to execute an Interlocal Agreement with the City of Jacksonville for commercial electrical, plumbing and mechanical inspections. SUBMITTED BY: David Thompson,Assistant City Manager Michael Griffin, CBO, CFM Interim Comm Development Director/Building Official DATE: July 29, 2011 BACKGROUND: On March 28, 2011 the City Commission authorized the Mayor to sign an Interlocal Agreement (see attached) between the City of Atlantic Beach and the City of Jacksonville for commercial building inspection services. The agreement has been approved by the City of Jacksonville with a change (see page 4) to terminate the agreement in five (5) years. Other than this change the agreement remains as submitted at the March 28, 2011 City Commission meeting. BUDGET: Anticipated annual cost of$1,000 is funded in the Building Department budget which is collected from permit fees. RECOMMENDATION: Approve change to Interlocal agreement to terminate in five(5)years. ATTACHMENT: Amended Interlocal Agreement(see page 4) 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 arc not among those governmental services contemplated by the 1982 Interlocal Agreement, as amended, which governmental services Jacksonville provides countywide; now therefore 2 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 however 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 : 3 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. 5 • 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.] 6 • 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: CITY OF JACKSONVILLE By By Neill W. McArthur,Jr. Alvin Brown Corporation Secretary Mayor Form Approved: Office of General Counsel ATTEST: CITY OF ATLANTIC BEACH By By Donna L. Bartle Mike Borno City Clerk Mayor [End of signature page. Notary Jurats follow immediately.] 7 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 driver's license as identification; or ❑ 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) ❑ are personally known to me; or ❑ produced a current driver's license as identification;or ❑ produced as identification (Sign) (Print) NOTARY PUBLIC My Commission expires: (NOTARIAL SEAL) G:\Gov't Operations\NEILLM\CONTRACT\ATLANTIC BEACH Interlocal Agreement for Building Inspections COJ Revision 6-23-11.doc 8