HomeMy WebLinkAboutInterlocal Agreement for Building Inspection & Plan Review Services 7-12-13 i
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INTERLOCAL AGREEMENT
FOR BUILDING INSPECTION &PLAN REVIEW SERVICES
THIS INTERLOCAL AGREEMENT is made and entered into by and
between the CITY OF CAPE CANAVERAL, a Florida municipal corporation, ("CAPE
CANAVERAL"), whose address is P.O. Box 326, Cape Canaveral, FL 32920 and the
4 CANVERAL PORT AUTHORITY, an independent special taxing district of the State of
Florida, ("PORT AUTHORITY"), whose address is 445 Challenger Road, Suite 301,
Cape Canaveral, FL, 32920.
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1 WITNESSETH
WHEREAS, it is the intent of the Legislature, pursuant to Chapter 163, Florida
1 Statutes, to encourage public agencies to join together in agreements which will best serve the
3 public interest and promote the most efficient expenditures of public funds through avoiding
costly duplication of services; and
WHEREAS, pursuant to Section 553.79, Florida Statutes, all code enforcement
agencies are required to conduct building inspections to ensure compliance with the Florida
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Building Code; and
I WHEREAS, CAPE CANAVERAL has a building permitting and inspection
department; and
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WHEREAS, CAPE CANAVERAL offers building plan review and building
inspection services, under the oversight of the Cape Canaveral Building Official, pursuant
to Chapter 553, Florida Statutes; and
WHEREAS, The Port Authority has a building permitting and inspection
department; and
1 WHEREAS, The Port Authority offers building plan review and building 'I
inspection services, under the oversight of the Port Authority Building Official, pursuant
to Chapter 553, Florida Statutes; and
NOW THEREFORE, in consideration of the provisions contained in this
Agreement, and other goods and valuable consideration in which the party acknowledges,
the parties agree as follows:
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t SECTION 1. RECITALS. The above recitals are true and correct and form a material part
of this Agreement upon which the parties have relied.
1 Interlocal Agreement
A City of Cape Canaveral/Canaveral Port Authority
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SECTION 2. PURPOSE. The purpose of this Interlocal Agreement is to coordinate certain
matters relative to the provision of public services by the parties to their respective citizens.
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SECTION 3. RECIPROCAL RESPONSIBILITIES.
I A. CAPE CANAVERAL hereby agrees to provide building inspection and plan
4 review services to The PORT AUTHORITY under the oversight of the CAPE
CANAVERAL Building Official on an as-needed basis at the written request of The
PORT AUTHORITY. CAPE CANAVERAL hereby agrees to commence each
r e q u e s t e d plan review and building inspection within one (1) business day of
1 receiving the request.
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3 B. The PORT AUTHORITY hereby agrees to provide building inspection and plan
review services to CAPE CANAVERAL under the oversight of the PORT
AUTHORITY Building Official on an as-needed basis at the written request of
1 CAPE CANAVERAL. The PORT AUTHORITY hereby agrees to commence each
r e q u e s t e d plan review and building inspection within one (1) business day of
4 receiving the request.
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I C. Each party shall provide all administrative duties relating to permitting within its
own jurisdiction. Each party understands and agrees that it will not be responsible
1 for administrative duties such as permitting, permit management, and record
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retention within the other party's jurisdiction.
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D. In the event of a presidential disaster declaration, each party hereby agrees to assist the
other with preliminary damage assessments in accordance with the State Emergency
Response Team program in order to assist qualification for FEMA public assistance
damage recovery grants.
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f SECTION 4. FEES AND PAYMENT. Each party shall i n v o i c e the other for any
services provided within thirty (30) days of the date of service. Said invoice
shall be due and payable within 45 days of receipt.
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The parties agree to pay the following fees for the other's services:
Building Inspection $50.00 per hour or portion thereof(to closest 15 minutes)
1 Plans Review $50.00 per hour or portion thereof(to closest 15 minutes)
Damage Assessment $50.00 per hour (each party shall be responsible for its own
FEMA reimbursable personnel costs for overtime work)
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Interlocal Agreement
City of Cape Canaveral/Canaveral Port Authority
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SECTION 5. TERM OF AGREEMENT. The term of this Agreement shall be three (3)
years commencing on the date of full execution of this Agreement by the parties. Further, this
Agreement shall be automatically renewed for additional one-year terms unless either party
notifies the other in writing of its intent to terminate pursuant to Section 6
herein.
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SECTION 6. TERMINATION OF AGREEMENT. This Agreement may be terminated by
either party for any reason and without penalty upon 60 days prior written
notice to the non-terminating party.
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SECTION 7. INTERPRETATION. The language of this Agreement has been agreed to
by both Parties to express their mutual intent and no rule of strict construction shall be
I applied against either Party. The headings contained i n this Agreement are for reference
purposes only and do not affect in any way the meaning or interpretation of this
Agreement.
SECTION 8. NOTICES. Whenever either Party desires to give notice unto the other, such
notice must be in writing, sent by registered United States mail, return receipt requested,
addressed to the Party for whom it is intended at the place specified below. The place for
giving of notice shall remain the same until it shall have been changed by written notice in
compliance with the provision of this paragraph. For the present, the Parties designate the
following as the respective place for giving of notice:
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FOR CAPE CANAVERAL:
City of Cape Canaveral
City Manager
P.O. Box 326,
Cape Canaveral, FL 32920
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FOR THE CANAVERAL PORT AUHTORITY:
Chief Executive Officer
Canaveral Port Authority
1 445 Challenger Road, Suite 301
Cape Canaveral, FL 32920
SECTION 9. INDEMNIFICATION. Subject to the limitations set forth in Section 12, herein,
each party agrees to indemnify and hold harmless each of the other parties, their officers,
agents and employees, from and against any and all claims, damages, injuries, losses and
expenses, including reasonable attorney's fees, arising out of or relating to that party's
actions or omissions arising out of this Agreement and the actions or omissions of the
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Interlocal Agreement
City of Cape Canaveral/Canaveral Port Authority
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party's officers, agents and employees; provided, however, that no party waives sovereign
immunity hereby as to third parties.
,SECTION 10. SEVERABILITY. Any provision of this agreement held by a court of
competent jurisdiction to be invalid, illegal, or unenforceable shall be severable and shall not be
construed to render the remainder invalid, illegal, or unenforceable.
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SECTION 11. EFFECTIVE DATE. The effective date of this Agreement shall be the
date upon which the last party to execute shall execute this Agreement.
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SECTION 12. SOVEREIGN IMMUNITY. Notwithstanding any other provision set forth in
this Agreement, nothing contained in this Agreement shall be construed as a waiver of either
1 party's right to sovereign immunity under section 768.28, Florida Statutes, or other limitations
imposed on the parties' potential liability under state or federal law. As such, the parties shall
not be liable under this Agreement for punitive damages or interest for the period before
judgment. Further, the parties shall not be liable for any claim or judgment, or portion thereof,
to any one person for more than two hundred thousand dollars ($200,000.00), or any claim or
judgment, or portion thereof, which, when totaled with all other claims or judgments paid by the
1 State or its agencies and subdivisions arising out of the same incident or occurrence, exceeds the
sum of three hundred thousand dollars ($300,000.00). This paragraph shall survive termination
of this Agreement.
1 SECTION 13. LIMITATIONS OF AGREEMENT. It is not the intent of this agreement
to change the jurisdiction of the parties in any manner except as specifically provided. All
other policies, rules, regulations and ordinances of the parties will continue to apply within the
jurisdictional boundaries of each p arty.
1 SECTION 14. FILING OF INTE_RLOCAL AGREEMENT. Pursuant to the provisions of
section 163.01(11), Florida Statute, this Agreement shall be filed with the Clerk of the Circuit
Court in and for Brevard County, Florida.
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SECTION 15. EMPLOYEE STATUS.. Persons employed by either p arty in the
performance of services and functions pursuant to this Agreement shall not be deemed to be
employees of the other party nor shall they have any claim to pension, worker's
compensation, civil service or other employee rights or privileges granted by the other
party to its officers and employees.
SECTION 16. ENTIRE AGREEMENT; AMENDMENTS. This instrument constitutes the
entire Agreement between the parties and supersedes all previous discussions,
understandings and agreements. Amendments to and waivers of the provisions herein
shall be made by the parties only in writing by formal amendment.
Interlocal Agreement
I City of Cape Canaveral/Canaveral Port Authority
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_l WITNESS W EI OF, the parties hereto affix their hand and seal this 12th
day of-- 1y 201°3..
: 1 E A � -' :i.. CITY OF CAPE CANAVERAL,
a Florida municipal corporation.
ATTE� i. _ QOG1Z C=. 1z01.04Qkr1424---
4, Rocky Randels, Mayor
Ange Appersdd; Clerk
Approved as to form and legal sufficiency
for the City of Cape Canaveral only:
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Anthony A. Garganese, City Attorney
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i CANAVERAL PORT AUTHORITY,
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an independent special taxing district of
the State of Florida.
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. �, -'" o / /a Lei erg, Chair• an
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A /, . [i
. ,1E.-Sullivan, Secretary/Treasurer
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h...Y.w h
Approved as to form and legal sufficiency
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for the Canaveral Port Authority only:
1 A . ..----
1 Harold T. Bistline,Port Attorney
1 Interlocal Agreement
City of Cape Canaveral/Canaveral Port Authority
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