Backup Documents 06/26/2018 Item #16A18 8
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 16 A 1
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office
at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later
than Monday preceding the Board meeting. rry� 7�� ��
**NEW** ROUTING SLIP � I
Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already co plete with the
exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attomey Office.
Route to Addressee(s) (List in routing order) Office Initials Date
1.
2.
3 County Attorney Office County Attorney Office l 1A-C 1 -),_ 1 g
4. BCC Office Board of County
Commissioners Y N( ) 11.1 lk
5. Minutes and Records Clerk of Court's Office N'() iItt (% `t/-II1t
PRIMARY CONTACT INFORMATION
Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees
above,may need to contact staff for additional or missing information.
Name of Primary Staff Caroline Cilek Phone Number 252-2485
Contact/ Department
Agenda Date Item was 6-26-18 Agenda Item Number 16A18
Approved by the BCC
Type of Document Interlocal Agreement Number of Original
.2V..,1101*e /
Attached Documents Attached
PO number or account
number if document is ( 1 3 ( 36/00 l& Y 1 Q3D
to be recorded yak
�-w'G INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not
appropriate. (Initial) Applicable)
1. Does the document require the chairman's original signature? CAC
2. Does the document need to be sent to another agency for additional signatures? If yes, N/A
provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet.
3. Original document has been signed/initialed for legal sufficiency. (All documents to be CAC
signed by the Chairman,with the exception of most letters,must be reviewed and signed
by the Office of the County Attorney.
4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A
Office and all other parties except the BCC Chairman and the Clerk to the Board
5. The Chairman's signature line date has been entered as the date of BCC approval of the ti/ C
document or the final negotiated contract date whichever is applicable.
6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's r
signature and initials are required. 1....-
7. In most cases(some contracts are an exception),the original document and this routing slip N/A
should be provided to the County Attorney Office at the time the item is input into SIRE.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of your deadlines!
8. The document was approved by the BCC on 6/26/18 and all changes made during the CAC ,Ii +
meeting have been incorporated in the attached document. The County Attorney's i-KV1.1tAkt
Office has reviewed the changes,if applicable.
9. Initials of attorney verifying that the attached document is the version approved by the e
BCC,all changes directed by the BCC have been made,and the document is ready for the \_\���'
Chairman's signature. x
1r 1
I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12
16A18
INTERLOCAL AGREEMENT
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By and Between the City of Everglades City and Collier County mom N
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Relating to the administration of the Florida Building Code, the Florida Administrative 0 o
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Code, the City of Everglades City Floodplain Management Ordinance, Contractor Z m w
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Licensing, and Code Enforcement as they all relate to building permits.
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This Interlocal Agreement is by and between the Board of County Commissioners of
County, Florida, (the "County"), 3299 Tamiami Trail East, Suite 303, Naples, FL D
Collierty, D D
34112 and the City of Everglades City (the "City"), P.O. Box 110, Everglades City, FL o m
34139, for the purpose of the County administering permitting and enforcement related to
building permits for the City of Everglades City. This agreement is entered into pursuant to
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the provisions of the Florida Interlocal Cooperation Act of 1969, set forth in sections
163.01, et seq., Florida Statutes, and is further authorized pursuant to the parties' respective rn
home rule powers granted by the Florida Constitution.
RECITALS
WHEREAS, the City is currently responsible for the administration of the Florida
Building Code, the Florida Administrative Code, the City of Everglades City Floodplain
Management Ordinance, Contractor Licensing, and Code Enforcement as they all relate to
building permits within its boundaries;
WHEREAS, the County and the City desire to enter into an Agreement regarding
the administration of the Florida Building Code, the Florida Administrative Code,
Contractor Licensing, and Code Enforcement by the County as they all relate to building
permits within the City's boundaries;
WHEREAS, the City will continue to administer the City of Everglades City
Floodplain Management Ordinance for development that is exempt from the Florida
Building Code; and
WHEREAS, the administration of the Florida Building Code, the Florida
Administrative Code, Contractor Licensing, and Code Enforcement as they all relate to
building permits will eliminate the need of such services to be performed by the City.
NOW, THEREFORE, in consideration of the premises and the mutual covenants
herein contained,the parties agree as follows:
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1) Recitals. The above recitals are true and correct and are hereby incorporated by
reference.
2) Effective Date and Termination. This agreement shall become effective on July 5,
2018 ("Effective Date"). The Agreement shall remain in effect until terminated by either
the County or the City. The County or the City may terminate this agreement with or
without cause by providing written notice to all other parties within this agreement.
Such termination shall be effective thirty (30) days from receipt of such termination
notice.
3) Administration of the Florida Building Code. The County shall administer the Florida
Building Code and related provisions of the Florida Statutes and Florida Administrative
Code for and within the City as follows:
a) Permitting.
i) The County's building official shall be released from the responsibility of all
construction activities that occurred prior to the effective date of this interlocal
agreement, whether the project received a certificate of occupancy/completion or
building permit from the City of Everglades City or was unpermitted. Any
construction activities permitted by the County, regardless of the status of the
permit or work, shall be consistent with the Florida Building Code and related
provisions of the Florida Statutes and Florida Administrative Code. For example,
if a building permit is issued by the County for the replacement of a window, the
building official is not responsible for work outside of the scope of work for the
permit, such as the existing wall and other existing improvements so long as no
life safety issues are found.
ii) The County shall provide a building code administrator or building official,
consistent with section 468.604, Florida Statutes, to administrate, supervise,
direct, enforce, and perform the permitting and inspection of construction,
alteration, repair, remodeling, demolition of structures, and the installation of
building systems within the boundaries of the City, when permitting is required,
to ensure compliance with the Florida Building Code, and related provisions of
the Florida Statutes and Florida Administrative Code, and any applicable local
technical amendment to the Florida Building Code.
iii) Consistent with section 553.79, Florida Statutes, the County shall defer to the
City as it relates to fire plan review and inspections.
iv) Record Retention. The County shall retain all records in accordance with
Chapter 119, Florida Statues and Section 6 herein.
b) Reporting. The County shall make available to the City building permit activity
within the City within a reasonable timeframe.
4) Contractor Licensing Services. The County shall provide contractor licensing services
within the City as follows:
a) Contractor licenses and enforcement.
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i) The City shall pass a resolution or ordinance recognizing the validity of County-
issued contractor licenses and requiring compliance with County Ordinance 91-
105, as amended (with exception of paragraph 1.3. Owner-Builders) and
subsequent amendments and ordinances related thereto within the City.
ii) Pursuant to the resolution or ordinance referenced in section 4)a)i), the County
shall be responsible for issuing licenses to contractors working within the City in
accordance with, and by way of, County Ordinance Number 90-105, as amended
(with exception of paragraph 1.3.1 Owner-Builders) and subsequent
amendments and ordinances related thereto. No reciprocity or certificates or
registration shall be granted or transferred from the City to the County without
the contractor first making application in accordance with County Ordinance
Number 90-105,Part Two (Competency-Procedure).
iii) The County shall provide staff, supervision, equipment, and supplies necessary
to issue all new and renewed contractor licenses covered under this agreement
and provide all supervisory and investigative personnel necessary to investigate
and prosecute unlicensed contractors before the applicable disciplinary boards,
as well as investigate all related complaints.
b) Record Retention. The County shall retain all records in accordance with Chapter
119, Florida Statues and Section 6 herein.
c) Reporting. The County shall make available to the City licensing and investigation
activities within the City within a reasonable timeframe.
d) Contractor Licensing Board. The County may refer disciplinary matters to the
County's Contractors' Licensing Board. The City shall recommend least 1 voting
member of the County's Contractor Licensing Board who then resides within the
City's municipal boundaries. If the City does not provide a recommendation for the
membership spot by the next regular City Council meeting after being notified by
the County, at least one week in advance and in writing, of the vacancy, then the
City will be deemed to have waived its option. The City shall have this membership
option at the first membership vacancy and each successive member vacancy when
the then makeup of the County's Contractor's Licensing Board does not have at
least 1 voting member that the City has selected, post-vacancy.
5) Code Enforcement Services. The County shall provide code inspection services within
the City as follows:
a) Enforcement of the Florida Building Code.
i) Code enforcement services shall be limited to establishing compliance with the
Florida Building Code.
ii) Code enforcement services by the County will commence upon adoption of a
resolution or ordinance by the County and a resolution or ordinance by the City
that the Collier County Consolidated Code Enforcement Ordinance will apply in
the City of Everglades City to enforce the Florida Building Code and related
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provisions of the Florida Statutes and the Florida Administrative Code, as related
to working without a required permit or working beyond the scope of the permit.
iii) The County shall provide staff, supervision, equipment, and supplies necessary
to provide Code Enforcement Services within the City. The County will, in
cooperation with the City, provide all supervisory and investigative personnel to
investigate and enforce noncompliance with the Florida Building Code and
related provision of the Florida Statutes and the Florida Administrative Code, as
related to building permits.
b) Record Retention. The County shall retain all records in accordance with Chapter
119, Florida Statues and Section 6 herein.
c) Reporting. The County shall make available to the City code enforcement services
activities within the City within a reasonable timeframe.
6) Public Records. Pursuant to section 119.0701, Florida Statutes, for any tasks
performed by the County on behalf of the City, the County shall: (a) keep and maintain
all public records, as that term is defined in chapter 119, Florida Statutes ("Public
Records"), required by the City to perform the work contemplated by this agreement;
(b) upon request from the City's custodian of public records, provide the City with a
copy of the requested Public Records or allow the Public Records to be inspected or
copied within a reasonable time at a cost that does not exceed the costs provided in
chapter 119, Florida Statutes, or as otherwise provided by law; (c) ensure that Public
Records that are exempt or confidential and exempt from Public Records disclosure
requirements are not disclosed except as authorized by law for the duration of the term
of this agreement and following completion or termination of this agreement, and (d) if
the City, in its sole and absolute discretion, requests a copy of all Public Records in
possession of the County, the County shall duplicate and provide to the City, at no cost,
all Public Records in possession of the County within one hundred and twenty (120)
days of such request in a format that is accessible to the City
7) Services provided by the City. The City shall be responsible for the plan review,
inspection, and enforcement of the City's Land Development Code. The City shall be
responsible for the plan review, inspection, and enforcement of the City's Floodplain
Management Ordinance No. 2017-5 for development exempt from the Florida Building
Code within the City.
8) Floodplain Management. The City and the County shall coordinate floodplain
management as follows:
a) Permitting.
i) The City shall be made aware of all building permit applications for buildings or
structures within the special flood hazard area through the County's permitting
software.
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16A18
ii) The County shall provide permitting, plan review, and inspection services for the
City's floodplain management ordinance 2017-5 as it relates to construction
regulated by the Florida Building Code.
iii) The County shall not provide permitting, plan review, and inspection services
for the City's floodplain management ordinance 2017-5 as it relates to
construction exempt from the Florida Building Code, unless consultation is
specifically requested by the City on a case-by-case basis.
b) Substantial Improvement and Repair of Substantial Damage.
i) The City shall inform the County in writing of all past and ongoing substantial
damage determinations within 30 days of the Effective Date. The County is not
obligated to issue any permits until the City meets this requirement.
ii) Any substantial damage determination letters provided by the City after the
Effective Date to property owners in the City shall be sent to the County before
such letter is sent to the property owners.
iii) The City shall be responsible for communicating and reporting floodplain
management information to FEMA and the State of Florida.
iv) The County shall make available to the City information regarding substantial
damage determinations within the City within a reasonable timeframe.
v) The City shall be responsible for preliminary site inspections related to
substantial damage.
vi) The City shall be responsible for letters sent related to substantial improvement
and repair of substantial damage.
9) Impact Fees. This agreement does not supersede the "Interlocal Agreement Between
Collier County and the City of Everglades Regarding Impact Fees," dated November 29,
2005, (the "Impact Interlocal") with regard to impact fees. The City agrees that as of
the Effective Date of this interlocal agreement, the County will collect and retain all
impact fees under the County's Consolidated Impact Fee Ordinance, codified in Chapter
74 of the Collier County Code of Laws and Ordinances, as it may be amended from
time to time. All impact fees that came due prior to the Effective Date, however, shall
continue to be governed by the Impact Interlocal.
10) Office Space and permitting software.
a) The City shall provide, at no cost to the County, office space in City Hall, or in a
similar facility, for the County staff to provide the services established in this
interlocal agreement.
b) The County shall provide, at no cost the City, access to permitting software for up to
three (3) City employees to perform plan review as established in this agreement.
11) Fees. Pursuant to City Ordinance 2018-2, the County shall collect the appropriate fees
as established in the Growth Management Department Development Services Fee
Schedule,Resolution No. 2017-251, as may be amended from time to time.
12)Amendment. This agreement may not be amended or modified except in writing,
executed by the Parties.
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13) Assignment. The terms and provisions of this agreement shall be binding upon the
Parties and their respective partners, successors, heirs, executors, administrators, assigns
and legal representatives. Notwithstanding the foregoing, a party's rights and
obligations under this agreement may only be transferred, assigned, sublet, mortgaged,
pledged or otherwise disposed of or encumbered in any way with the other party's prior
written consent.
14) Notices. All notices must be in writing and sent to the party's address stated above by
certified mail, return receipt requested with required copy to the general counsel for
each party.
15) Dispute Resolution. In the event of any dispute under this agreement, the parties shall
first attempt to resolve such dispute by non-binding mediation, with each party paying
equal costs for the mediation.
16) Controlling Law and Venue. This agreement shall be construed by and controlled
under the laws of the State of Florida. The Parties consent to jurisdiction over them in
the State of Florida and agree that venue for any state action arising under this
agreement shall lie solely in the courts located in Collier County, Florida, and for any
federal action shall lie solely in the United States District Court for the Middle District
of Florida,Fort Myers Division.
17) Entire Agreement. This agreement sets forth the entire agreement between the Parties
as to the subject matter hereof and supersedes all previous written or oral negotiations,
agreements, bids, and/or understandings. There are no understandings, representations,
warranties, or agreements with respect to the subject matter hereof unless set forth
explicitly in this agreement.
18) Severability. If any one or more provisions of this agreement shall be held to be invalid,
illegal, or unenforceable in any respect by a court of competent jurisdiction, the validity,
legality, and enforceability of the remaining provisions hereof shall not in any way be
affected or impaired thereby and this agreement shall be treated as though the
invalidated portion(s)had never been a part hereof.
19) Representations and Warranties of City. The City represents and warrants that:
a) The City is validly organized and exists as a municipality in the State of Florida and
has full power and authority to carry on its business as presently conducted and as
contemplated in this agreement.
b) The City has full power and authority to execute and perform the terms and
provisions of this agreement. The execution and performance of the terms and
provisions of this agreement does not violate any applicable provision of the City charter
or other authorizing law, the City's ordinances, or state or federal laws or regulations,or
other agreements or rules by which the City may be bound.
c) This agreement has been duly executed and delivered by the City and constitutes
its legal,valid, and binding obligation enforceable in accordance with its terms.
20) Representations and Warranties of County. The County represents and warrants
that:
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a) The County is validly organized and exists as a county in the State of Florida and
has full power and authority to carry on its business as presently conducted and as
contemplated in this agreement.
b) The County has full power and authority to execute and perform the terms and
provisions of this agreement. The execution and performance of the terms and
provisions of this agreement does not violate any applicable provision of law creating
or authorizing the County, any rules of the County, or any state or federal regulations,
or other agreements or rules by which the County may be bound.
c) This agreement has been duly executed and delivered by the County and constitutes
its legal, valid, and binding obligation enforceable in accordance with its terms.
21) Counterparts. This agreement may be executed in one or more counterparts, any one of
which need not contain the signatures of more than one party, but all such counterparts
taken together will constitute one and the same instrument.
22) This agreement shall be recorded in the Public Records of Collier County.
IN WITNESS WHEREOF, the Parties have executed this agreement as of the dates
below.
ATTEST: Collier County Board of County
CRYSTAL K.KJNzEr {>r ., Commissioners
INTERIM CLERK ' s'
•
.61111106 1119;
By — By: A .A►e!_ '
Attest as to Chairman's ,Depu ClV: Andy S.', C► rman
signature only. Dai��� 3u� �' 2Cr
Approved as to form and legality
for the County:
Vy
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fpc_ Jeffrey A. Klatzkow
County Attorney
ATTEST: City of Ev- _lade: City
By: L r' By: I_,_
Dottie Joiner, City C k Howell rimm Jr.,Mayor
City of Everglades City
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