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HomeMy WebLinkAboutItem #04 Approval of the Interlocal Agreement for Permit Inspection and Review Services between the City of Ocoee and the Town of Windermere ocoee florida AGENDA ITEM COVER SHEET Meeting Date: June 7, 2016 Item # Reviewed By: / Contact Name: John Miller, Fire Chief Department Director: , Contact Number: 407-905-3140 City Manager: Subject: Approval of the Permit Inspection and Review Services Agreem- t between the City of Ocoee and the Town of Windermere. Background Summary: The agreement in question is a new agreement for the permit inspection and review services between Town of Windermere and the Ocoee Fire Department. This is a three-year agreement for the provision of permit inspection and review services, commencing with the start on June 8, 2016 and terminating with the completion of the fiscal year ending September 30, 2019. The services to be provided through this agreement include Fire Permits, Fire Review and Fire Inspections. Issue: This is a new contract through the Town of Windermere for Permit Inspection and Review Services. Recommendations Staff recommends the approval of this agreement in order for the Ocoee Fire Department to begin Fire Permit Inspection and Review Services provided to the Town of Windermere. Attachments: Attached is the Interlocal Agreement for Permit Inspection and Review Services between Town of Windermere, Florida and City of Ocoee, Florida. Financial Impact: Any revenues collected will remain with the City of Ocoee. Type of Item: (please mark with an "x") Public Hearing For Clerk's Dept Use: Ordinance First Reading X Consent Agenda Ordinance Second Reading Public Hearing Resolution Regular Agenda Commission Approval Discussion&Direction Original Document/Contract Attached for Execution by City Clerk Original Document/Contract Held by Department for Execution Reviewed by City Attorney N/A Reviewed by Finance Dept. N/A Reviewed by 0 el N/A 2 1rL1ut t of illinitertarrr ( 1' Main Saco VV'indcri eri;, Office'' ( 107) 876-2503 l a:\: ;1(r') ,-76-0103 '4"4 1 ton Iiiattatiet $44 ROBt;RT Sml`1'ti t'B dllttl �Mrorr ■►�•���`4 (1,1k to Dow H} 81'1tKHAt:1'Elt May 18,2016 Ms. Melanie Sibbitt, Deputy City Clerk City of Ocoee 150 N Lakeshore Drive Ocoee, Fl 34761 Dear Ms. Sibbitt; Enclosed please find two original signed Interlocal Agreements for Permit Inspection and Review Services. Once the originals have been executed, please return one to me for our records. If you have any questions or concerns,please contact me. Regards, 1►0 o y : � :' e ,�' Town Clerl encl INTERLOCAL AGREEMENT FOR PERMIT INSPECTION AND REVIEW SERVICES THIS INTERLOCAL AGREEMENT (this "Agreement"), is entered into and effective as of IC) , 201(, by and between the CITY OF OCOEE, FLORIDA, a municipal corporation crea d by and existing under the laws of the State of Florida, whose mailing address is c/o Ocoee Fire Department, 563 South Bluford Avenue, Ocoee, Florida 34761 ("Ocoee"), and the TOWN OF WINDERMERE, FLORIDA, a municipal corporation created by and existing under the laws of the State of Florida,whose mailing address is P.O.Drawer 669,Windermere, Florida 34786 ("Windermere"). WITNESSETH: WHEREAS, Section 163.01, Florida Statutes, known as the "Florida Interlocal Cooperation Act of 1969" authorizes local governments to make the most efficient use of their powers by allowing them to cooperate with other localities on a basis of mutual advantage and thereby provide services and facilities that will harmonize geographic, economic, population, and other factors influencing the needs and development of local communities; and WHEREAS, Ocoee presently has the manpower, equipment, and ability to process, review, and provide inspection relating to fire permits and plans on behalf of Windermere; and WHEREAS, Ocoee desires to process, review, and provide inspection relating to fire permits and plans in exchange for the direct payment of fees by applicant and Windermere authorizes Ocoee to provide such services for its applicant and citizens; and WHEREAS, the City Commission of Ocoee has authorized Ocoee to enter into this Agreement, and the Town Council of Windermere has authorized Windermere to enter into this Agreement. NOW, THEREFORE, in consideration of the premises and the mutual promises, terms and conditions contained herein and of other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Windermere and Ocoee hereby agree as follows: 1.Provision of Services, Ocoee hereby agrees to process,review,and provide inspection relating to fire permits (with such services being collectively referred to as "Fire Permit Review Services"), to the citizens and properties located within the corporate limits of Windermere along with its provision of such services to the citizens and properties located within the corporate limits of Ocoee. As a result of this Agreement, Windermere will not provide fire permit review services directly to itscitizens or properties located within its corporate limits. When applying for a fire permit, this Agreement authorizes Ocoee to collect all necessary application information and fees directly from applicants residing in or doing business in Windermere,including its citizens,at the time of application for a permit. This Agreement authorizes Ocoee to enforce the provisions of said permits.This Agreement is a contract for the provision of services and shall not, in any manner whatsoever, constitute a transfer of municipal home rule powers. This Agreement is solely an interlocaI agreement to provide services authorized by Chapter 163, Florida Statutes. 2. Payment of Fees% At the time of an application for Fire Permit Review Services, applicants shall remit directly to Ocoee the fees'established in Exhibit"A", which is attached hereto and incorporated herein by reference.These fees may be changed with 30 days written notice from Ocoee to Windermere. 3. Scope of Services. The parties hereto agree as follows: (A) Ocoee Fire Department shall be the primary department authorized to engage in Fire Permit Review Services per this Agreement.Fees for all services are described in Exhibit"A",attached hereto. (B) Separate permits will be required for fire protection systems. (C) In addition to any fees paid by applicant to Ocoee at the time of application for a permit,at the time of such application,the applicant shall also pay a nonrefundable plan review fee for review by the Ocoee Fire Department, as described in Exhibit"A", attached hereto. In the event that the Ocoee Fire Department, upon initial inspection, shall find work not in compliance with the Florida Fire Prevention Code,the person doing said work shall promptly do everything necessary to bring said work within the requirements of the Florida Fire Prevention Code. The Ocoee Fire Department shall then,upon notice from such person,reinspect said work after payment of the fees outlined in Exhibit"A", attached hereto. 4. Florida Fire Protection Code. Inspections and Fire Permit Review Services set forth in this Agreement shall be conducted in accordance with Chapter 633, Florida Statutes, and the provisions of the current edition of the Fire Protection Code, adopted pursuant to state law. 5. Inspection. Inspections required in the context of Fire Permit Review Services,as set forth in this Agreement, are in addition to and shall not be construed to conflict with the annual fire inspections on commercial properties required under the parties' Interlocal Agreement for Fire Services, executed October 1, 2014, and subsequent amendments thereto. Inspections shall be conducted by and through Ocoee Fire Department and Fire Department officers and employees. 6.puties and Level of Service,Ocoee shall provide substantially the same Fire Permit Review Services for residents of Windermere that are available and provided to the residents of Ocoee. The rendition of service, standards of performance, and other matters incident to performance of services and control of personnel will be controlled exclusively by Ocoee. Additionally, during the performance of Fire Permit Review Services for citizens and applicants of Windermere,all officers and employees of Ocoee shall perform only those functions that are within the scope of the duties and responsibilities of such officer or employee in the performance of such Fire Permit Review Services for Ocoee. This Agreement shall not be construed to impose any obligation, duty or responsibility whatsoever on Ocoee to provide any specific types, kinds, or numbers of personnel or equipment within the corporate limits of Windermere at any specific time. 7. Employee Status% Persons employed by Ocoee in the performance of this Agreement shall remain employees of Ocoee for all purposes and shall not have any claims against Windermere for pension rights,workers'compensation,unemployment compensation,civil service rights,or other employees'rights or privileges granted by Federal, state,or local law or by Windermere to its officers and employees. Further, Ocoee agrees that Windermere shall assume no liability for the payment of salary, wages, or other compensation or entitlement to officers,agents,or employees of Ocoee who perform Fire Perm it Review Services to Windermere as provided in this Agreement. 8. Agency Relationshin. For the purposes of this Agreement, Ocoee shall be an agent of Windermere entitled to exercise all municipal and corporate powers of Windermere in the same manner as if the Fire Permit Review Services and other related services set forth herein were being performed by employees of Windermere. 9. Cooneration., To facilitate performance of this Agreement, Ocoee hereby agrees to fully cooperate with Windermere with regard to the provision of Fire Permit Review Services, and Windermere hereby agrees to fully cooperate with Ocoee regarding the same. 10. Term of Agreement, This Agreement shall be effective for a period of three (3 ) years, _ months,commencing on ,2016,and expiring on September 30,2019 (the"initial Term"),unless otherwise terminated as provided below. Upon the expiration of the Initial Term or upon the expiration of each subsequent one-year period thereafter, the term of this Agreement may be extended for an additional period of one (1)year upon the receipt by Ocoee of Windermere's written notice of intention to extend this Agreement. Such notice must be delivered to Ocoee on or before January 1, 2019 with respect to the Initial Term and on or before January 1st of each year thereafter with respect to any renewal terms in order to allow each City to adjust its respective budget by March 1st for the next fiscal year. Upon receipt of such notice of Windermere's intention to extend the then term of this Agreement, Ocoee may, at its sole option, elect to terminate this Agreement at the end of the current term or to extend this Agreement for an additional one-year term, all by written notice to Windermere delivered within forty-five (45) days of receipt of notice from Windermere of its intention to extend this Agreement.For purposes hereof, "term"shall mean the Initial Term and any subsequent one-year extension of this Agreement. Additionally, for the purposes hereof "year"shall mean each contract year of this Agreement which commences on October 1st and ends on the following September 30th and corresponds to the fiscal years of Ocoee and Windermere. 11. Disputed If a dispute arises regarding the services rendered under this Agreement, then the City Managers of Ocoee and Windermere shall proceed in good faith to resolve any such dispute. In the event that the disputed matter is not resolved to the satisfaction of the parties,each party may avail itself to the remedies available at law or in equity. This Agreement shall be construed by and governed by the laws of the State of Florida. Any and all legal action necessary to enforce this Agreement shall be held in Orange County,Florida. 12. Anexation. Windermere shall keep Ocoee advised regarding annexations into the corporate limits of Windermere in order that Ocoee may provide Fire Permit Review Services to properties added to Windermere subsequent to the date hereof. 13. equal Employment. Ocoee hereby acknowledges that it adheres to the policies and regulations of the Equal Employment Opportunity Commission as set forth in Chapter XIV of the Code of Federal Regulations which provide forthe equality of opportunity, both before and during employment with any local department or agency, for all applicants and employees, regardless of race, color, sex, religion,national origin,marital status,or other similar factors that are not job related. Such policy applies to all levels of employment for Ocoee and to all job classifications. In addition, it is the responsibility of each division within Ocoee and each department head or supervisor to give the non-discrimination policy full support by leadership and by personal example. Further, it is the duty of each employee to help maintain the work environment which is conducive to and which effectuates Ocoee's commitment and philosophy to equal employment opportunity. 14. Terminatiop, (A) This Agreement shall expire at the end of the term unless one party shall notify the other party by one- year written notice of its intention to terminate this Agreement, in which event the term of this Agreement shall expire on the first September 30th following the end of the one-year notice period. (B) Further,the term may be terminated by either party in the event that the other party shall violate or fail to perform any material obligation of such party under this Agreement, and such violation or failure shall continue fora period of sixty(60) days after notification of such breach by the other party. Such termination shall be effective not less than ninety (90) nor more than one hundred twenty (120) days after delivery of written notice of termination to the breaching party. 15. Notices, All notices required to be given under this Agreement shall be in writing,and deemed sufficient to each party when sent by Certified United States Mail, return receipt, to the City Manager of the other party. 16. Amendment., Except changes in fees as described in Exhibit"A", attached hereto, which may be changed with 30 days written notice from Ocoee to Windermere, this Agreement shall be modified, amended,or altered only by an instrument in writing signed by both parties,and such execution by Windermere shall be valid and binding against Windermere only if expressly approved by its Town Council at a legally • valid meeting thereof and such execution by Ocoee shall be valid and binding against Ocoee only if expressly approved by its City Commission at a legally valid meeting thereof, and provided the execution of such amendment conforms to all the federal, state, and local laws, rules,procedures,and ordinances applicable to the execution of this Agreement. 17. Entire Agreement This Agreement contains the entire agreement between Ocoee and Windermere with respect to the subject matters hereof and supersedes any prior agreements or understandings, written or oral,between the parties. The preparation of this Agreement has been a joint effort of the parties, and the resulting document shall not, solely as a matter of judicial constraint, be construed more severely against one of the parties than the other. Neither party shall assign, delegate, or otherwise transfer its rights and obligations as set forth in this Agreement to any other entity without the prior written consent of the other. 18. Jilin?. This Agreement and subsequent amendments thereto shall be filed by the parties in the Public Records of Orange County,Florida,in conformance with Section 163.01(11),Florida Statutes. IN WITNESS WHEREOF, the parties hereto set their hands and seals, all on the day and year first above written. ATTEST: APPROVED: CITY OF OCOEE,FLORIDA Beth Eikenberry,City Clerk (SEAL) Rusty Johnson,Mayor FOR USE AND RELIANCE ONLY BY THE APPROVED BY THE OCOEE CITY CITY OF OCOEE,FLORIDA APPROVED AS COMMISSION AT A MEETING HELD ON TO FORM AND LEGALITY THIS DAY ,2016,UNDER AGENDA OF ,2016 ITEM NO. SHUFFIELD,LOWMAN&WILSON,P.A. By: City Attorney TTEST: Ian. .P. . •orothy Bur` alter,Town Clerk APPROVED: (SE'.1 ) TOW I WINDE c r' ' LORIDA FOR USE AND RELIANCE ONLY BY THE TOWN OF WINDEREMERE,FLORIDA L111, l APPROVED AS TO FORM AND LEGALITY Gary B�j i M'yor THIS MO DAY OF V,� , ,2016 A APPROVED BY THE WINDERMERE TOWN COUNCIL AT A MEETING HELD ON m lU ,2016,UNDER AGENDA By: /'] r a' h ITEM O. q, , n 7.4o ey Exhibit A Fees Payable to the Ocoee Fire Department City of Ocoee Current Fee Process: - Fire Permits: $30.00+$4.50 per$1000.00 of total value of construction(All Fire Systems) - State Fees per each permit ALL(Fire)FL Recovery 1.5%of permit cost Example: Permit cost$500 x 1.5%=$7.50(minimum $2.00) - State Fees per each permit(Fire)Radon 1.5%of permit cost Example: Permit cost$500 x 1.5%=$7.50(minimum$2.00) - Fire Department Charges a flat rate of$100.00 per Fireworks permit lus State Fees- (FL Recovery and Radon)Fireworks: $100.00=$2.00+$2.00=$104.00 Tor most permits. Plans Review Fees: - Fire Plans: '/ %of the total value of each Fire system(sprinkler, suppression, and alarm) Inspections: - Fire Department does not charge for Fire inspections unless a re-inspection is required. Re- inspection fee is$25.00 for the first reinspection, $40.00 for the second,and$100.00 for the third and each subsequent reinspection thereafter. - Special Events needing or requesting Firefighter EMT/Paramedic coverage shall be at the rate of $32.00 per hour on non-holidays and$40.00 per hour on holidays. Other inspections/fees: The Fire Department shall also perform the following inspections which shall have the permit fees indicated: Fireworks displays: $104.00 Fire Hydrant Flow Tests: $75.00 per hydrant