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2021-11-16 Ex 10 't.oF•o/{F�Cti CITY OF OKEECHOBEE Okeechobe.Qio 55 SE THIRD AVENUE Mayor Dowling R. Watford, Jr. Wes Abney by OKEECHOBEE, FL 34974 Monica Clark Phone: (863)763-3372 Bob Keefe el 91 www.cityofokeechobee.com Bobby Kee Office of the City Administrator Direct Line: 873-763-9812 MEMORANDUM TO: Mayor Watford and City Council FROM: Gary Ritter, City Adminis Re: Additional Agenda Item Interlocal Agreement between Okeechobee County and the City of Okeechobee for Building Plan Review, Permitting, and Inspections Services for the Okeechobee County Jail Project DATE: November 16, 2021 Please add the following item to the November 16, 2021 City Council Meeting Agenda: Discuss a proposed interlocal agreement provided by the County that would result in a transfer of permitting and inspections for the Jail from the City to the County. Background: The County is in the process of beginning construction on a multi-year, multi-million- dollar jail complex estimated at a cost of over $80 million. Construction on the first phase is roughly $22 million. The Jail is within the City limits and normally all permitting and inspections would be conducted by our City Building Inspector. The City's fees for permitting and inspections would likely be in excess of $100,000 once completed. Because of the complexity of this project the City does not have the expertise to handle this type of permitting and inspections. Therefore, the County has proposed an interlocal agreement that would transfer all permitting and inspection responsibilities to the County, providing reporting and documentation to the City on an as-needed basis. t •0F'0KFF� CITY OF OKEECHOBEE Okeechobee City Council you, Mayor Dowling R. Watford, Jr. T 55 SE THIRD AVENUE Wes Abney o OKEECHOBEE, FL 34974 Monica Clark a;d Phone: (863)763-3372 Bob Jarriel • * 91 " www,cityofokeechobee.com Bobby Keefe Office of the City Administrator Direct Line:873-763-9812 MEMORANDUM TO: Mayor Watford and City Council FROM: Gary Ritter, City Adminis at Re: Additional Agenda Item Interlocal Agreement between Okeechobee County and the City of Okeechobee for Building Plan Review, Permitting, and Inspections Services for the Okeechobee County Jail Project DATE: November 16, 2021 Please add the following item to the November 16, 2021 City Council Meeting Agenda: Discuss a proposed interlocal agreement provided by the County that would result in a transfer of permitting and inspections for the Jail from the City to the County. Background: The County is in the process of beginning construction on a multi-year, multi-million- dollar jail complex estimated at a cost of over $80 million. Construction on the first phase is roughly $22 million. The Jail is within the City limits and normally all permitting and inspections would be conducted by our City Building Inspector. The City's fees for permitting and inspections would likely be in excess of $100,000 once completed. Because of the complexity of this project the City does not have the expertise to handle this type of permitting and inspections. Therefore, the County has proposed an interlocal agreement that would transfer all permitting and inspection responsibilities to the County, providing reporting and documentation to the City on an as-needed basis. Interlocal Agreement between Okeechobee County and the City of Okeechobee for Building Plan Review, Permitting,and Inspection Services for Certain County Facilities within the City Limits of the City of Okeechobee THIS INTERLOCAL AGREEMENT("Agreement") is made and entered into between Okeechobee County ("the County"), a political subdivision of the State of Florida whose address is 304 NW 2nd Street, Okeechobee, FL 34972, and the City of Okeechobee ("the City"), a municipal corporation organized and existing under the laws of the State of Florida whose address is 55 SE 3rd Ave, Okeechobee, FL 34974, hereinafter collectively referred to as the "Parties". WITNESSETH WHEREAS, the County is authorized by Section 125.01(1)(p), Florida Statutes, to enter into agreements with other governmental agencies within or outside the boundaries of the county for the joint performance, or performance by one unit on behalf of the other, of any of either agency's authorized functions, and WHEREAS, Section 163.01, Florida Statutes, authorizes the exercise by agreement between two or more public agencies of any power common to them; and WHEREAS, this Interlocal Agreement is authorized by the provisions of Chapters 125 and 163, Florida Statutes and other applicable law; and WHEREAS,the County plans to construct new County-owned facilities, and to repair and rehabilitate portions of existing County-owned facilities, namely the Okeechobee County Jail, the Okeechobee County Sheriff's offices and facilities,and related buildings, structures,facilities,and improvements, located on or serving Parcel ID No. 3-15-37-35-0010-00950-0070 (the "Facilities"), lying within the municipal limits of the City; and WHEREAS, the County, through its staff and contractors, is fully capable of conducting plan review, permitting, and inspections relating the Facilities: and WHEREAS,the County and the City have determined that it is in the best interests of the Parties to enter into this Agreement. NOW THEREFORE, in consideration of the premises, mutual covenants, and representations contained herein,constituting good and valuable consideration,the County and the City agree as follows: Section 1. Recitals. The recitals set forth above are incorporated herein by reference and made a part of this Agreement. Section 2. Plan Review,Permitting,and Inspections Conducted by County for Facilities A. The County shall be solely responsible for performing and shall perform all necessary building plan review, permitting, and inspections with respect to the Facilities, in Page 1 of 5 accordance with the Florida Building Code, Florida Fire Prevention Code and any other applicable construction related codes. B. The County shall be solely responsible for performing and shall perform inspections relating to all permit applications reviewed and processed by the County with respect to the Facilities. C. The County shall be solely responsible for issuing and shall issue all required permits and the certificates of occupancy with respect to the Facilities. D. The County agrees to maintain strict adherence with applicable codes, ordinances, and statutes related to permitting,including all applicable provisions of the City of Okeechobee Land Development Regulations, with respect to the Facilities. E. The County shall not be subject to any City fees with respect to building plan review, permitting, and inspections conducted by the County with respect to the Facilities. Section 3. Effective Date, Term, and Termination. This Interlocal Agreement and any subsequent amendment hereto shall be effective upon signing by both of the parties and recording with the Okeechobee County Clerk of the Circuit Court as provided by Section 163.01(11),Florida Statutes. The term of this agreement shall be indefinite and shall continue until terminated by mutual agreement of the parties. Section 4. Indemnification/Sovereign Immunity. Except as otherwise specifically provided in the Agreement, neither party shall be liable for the negligent or wrongful acts of the other party in the performance of this Agreement. Nothing in this Section is intended to serve as a waiver of each of the Parties' respective sovereign immunity. Section 5. Notices. Any notice, demand, request, or other instrument which may be or is required to be given or delivered under this Agreement shall be deemed to be delivered(i)whether or not actually received, five (5) days after deposited in the United States mail, postage prepaid, certified or registered mail, return receipt requested, or (ii) when received (or when receipt is refused) if delivered personally or sent by a nationally-recognized overnight courier, all charges prepaid, at the addresses of County and City as set forth in this paragraph. Such address may be changed by written notice to the other party in accordance with this paragraph. County: Cam: Okeechobee County City of Okeechobee Attn: County Administrator Attn: City Administrator 304 NW 2nd Street 55 SE 3rd Avenue Okeechobee, Florida 34972 Okeechobee, FL 34974 Section 6. Public Records. A. Pursuant to section 119.0701, Florida Statutes, the County and the City shall: Page 2 of 5 i. Retain all records in accordance with Chapter 119. ii. Keep and maintain public records required in order to perform the Agreement's requirements. iii. Upon request from the City or County custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in State Statute or as otherwise provided by law. iv. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements and are not disclosed except as authorized by law for the duration of the Agreement term and following completion of the Agreement. V. If the County or City,in their respective sole discretion,requests a copy of all public records in possession of the other party, the County or City shall duplicate and provide to the records, at no cost, all public records in possession within a reasonable amount of time and in a format that is accessible. B. Pursuant to Section 119.0701(2)(a), Fla. Stat., IF THE COUNTY HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE COUNTY'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE CITY'S CUSTODIAN OF PUBLIC RECORDS AT: LANE GAMIOTEA, CMC, CITY CLERK, (863) 763-3372, EXT. 9814, LGAMIOTEA@CITYOFOKEECHOBEE.COM, 55 SE 3RD AVE., OKEECHOBEE, FL 34974. C. Pursuant to Section 119.0701(2)(a), Fla. Stat., IF THE CITY HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CITY'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE COUNTY'S CUSTODIAN OF PUBLIC RECORDS AT: COUNTY ADMINISTRATOR, AT 863-763-6441, EXT 1; publicrecords@co.okeechobee.fl.us; MAILING ADDRESS: 304 NW 2nd Street, ROOM 123, OKEECHOBEE, FL 34972. Section 7. Third Parties. The parties hereto do not intend, nor shall this Agreement be construed to grant any rights, privileges, or interest to any third party. Section 8. Entire Agreement. This Agreement, including attachments hereto, if any, constitutes the entire agreement between the City and the County. No change will be valid, unless made by supplemental written agreement, executed and approved by the parties. Page 3 of 5 Section 9. Headings. The section headings are inserted herein for convenience and reference only,and in no way define, limit or otherwise describe the scope or intent of any provisions hereof. Section 10. Severability. Should any section or any part of any section of this Agreement be rendered void, invalid, or unenforceable by any court of law, for any reason, such determination shall not render void, invalid, or unenforceable any other section or any part of any section in this Agreement. Section 11. No Construction against Preparer. This Agreement has been prepared jointly by the County and the City and their respective professional advisors. The County, City and their respective professional advisors believe that this Agreement expresses their agreement and that it should not be interpreted in favor of either the County or City or against the County or City merely because of their respective efforts in preparing it. Section 12. Governing Law. The validity and interpretation of this Agreement shall be governed by the laws of the State of Florida, and venue shall be in the Nineteenth Judicial Circuit in Okeechobee County,Florida. Each party waives any defense of improper or inconvenient venue as to the stated court and consents to personal jurisdiction in the stated court. Section 13. Amendment. No amendment, modification or alteration of the terms hereof shall be binding unless the same be in writing, dated concurrent or subsequent to the date hereof and duly executed by the parties hereto. IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed by their duly authorized representatives. APPROVED this day of 2021, by the Okeechobee County Board of County Commissioners. Okeechobee County, a political subdivision of the State of Florida By: Attest: Terry W. Burroughs, Chairman Board of County Commissioners Jerald D.Bryant, Clerk of the Circuit Court and Comptroller Approved as to Form and Legality for Okeechobee County: Wade Vose, County Attorney Page 4 of 5 APPROVED this day of 2021, by the Okeechobee City Council. City of Okeechobee, Florida, a municipal corporation of the State of Florida By: Attest: Dowling R. Watford, Jr., Mayor Lane Gamiotea, CMC, City Clerk Approved as to Form and Legality for Okeechobee County: John J. Fumero, City Attorney Page 5 of 5 Nov l[o,o vav Agenda Lane Gamiotea From: Gary Ritter Sent: Friday, November 12, 2021 8:47 AM To: Dowling Watford; Noel Chandler; Monica Clark; Bob Jarriel; Bobby Keefe Cc: City Attorney; Robin Brock; Lane Gamiotea Subject: Addition to 11/16/21 Tuesday Council Agenda Attachments: [submitted to Gary Ritter] Draft Interlocal with City for County to Provide Plan Review, Permitting, Inspection Services for new.PDF At the request of the Mayor, we are adding a proposed inter local agreement provided by the County that would result in a transfer of permitting and inspections for the Jail from the City to the County. As you all may be aware by now the County is in the process of beginning construction on a multi-year, multi-million-dollar jail complex that comes with an $80 million plus price tag. Construction on the first phase is roughly$22 million. The Jail is within the City limits and normally all permitting and inspections would normally be conducted by our City building inspector. The City's fees for permitting and inspections that would likely be in excess of$100,000 once completed. The County has proposed (see attached) an inter local agreement that would transfer all permitting and inspection responsibilities to the County thereby taking the City out of the loop and provide some cost savings. This will be a discussion item only on next Tuesday's agenda. Should you have any questions please do not reply all to this email. Gary Gary Ritter City Administrator Cc eehbee FtORMA•Fji i;&d 1915 55 SE 3rd Avenue Okeechobee, FL 34974 Phone: (863) 763-3372, ext. 9811 Direct: (863) 763-9811 Cell: (863) 610-1562 Email: gritter(a)-citvofokeechobee.com Website: www.citVofokeechobee.com NOTICE: Under Florida law,email addresses are public records. If you do not want your email address released in response to a public records request, do not send electronic mail to this entity. Instead,contact this office by phone or in writing, Florida Statute 668.6076. CITY OF OKEECHOBEE ELECTRONIC DEVICE DISCLAIMER: Florida has a very broad public records law. Most written communications to or from local officials regarding city business are public records available to the public and media upon request. Your correspondence via e-mail,text message,voice mail,etc., may therefore be subject to public disclosure. 1 Interlocal Agreement between Okeechobee County and the City of Okeechobee for Building Plan Review,Permitting, and Inspection Services for Certain County Facilities within the City Limits of the City of Okeechobee THIS INTERLOCAL AGREEMENT ("Agreement") is made and entered into between Okeechobee County ("the County"), a political subdivision of the State of Florida whose address is 304 NW 2nd Street, Okeechobee, FL 34972, and the City of Okeechobee ("the City"), a municipal corporation organized and existing under the laws of the State of Florida whose address is 55 SE 3rd Ave, Okeechobee, FL 34974, hereinafter collectively referred to as the "Parties". WITNESSETH WHEREAS, the County is authorized by Section 125.01(1)(p), Florida Statutes, to enter into agreements with other governmental agencies within or outside the boundaries of the county for the joint performance, or performance by one unit on behalf of the other, of any of either agency's authorized functions, and WHEREAS, Section 163.01, Florida Statutes, authorizes the exercise by agreement between two or more public agencies of any power common to them; and WHEREAS, this Interlocal Agreement is authorized by the provisions of Chapters 125 and 163, Florida Statutes and other applicable law; and WHEREAS,the County plans to construct new County-owned facilities,and to repair and rehabilitate portions of existing County-owned facilities, namely the Okeechobee County Jail, the Okeechobee County Sheriff's offices and facilities, and related buildings, structures,facilities,and improvements, located on or serving Parcel ID No. 3-15-37-35-0010-00950-0070 (the "Facilities"), lying within the municipal limits of the City; and WHEREAS, the County, through its staff and contractors, is fully capable of conducting plan review, permitting, and inspections relating the Facilities: and WHEREAS,the County and the City have determined that it is in the best interests of the Parties to enter into this Agreement. NOW THEREFORE, in consideration of the premises, mutual covenants, and representations contained herein,constituting good and valuable consideration,the County and the City agree as follows: Section 1. Recitals. The recitals set forth above are incorporated herein by reference and made a part of this Agreement. Section 2. Plan Review, Permitting,and Inspections Conducted by County for Facilities A. The County shall be solely responsible for performing and shall perform all necessary building plan review, permitting, and inspections with respect to the Facilities, in Page 1 of 5 accordance with the Florida Building Code, Florida Fire Prevention Code and any other applicable construction related codes. B. The County shall be solely responsible for performing and shall perform inspections relating to all permit applications reviewed and processed by the County with respect to the Facilities. C. The County shall be solely responsible for issuing and shall issue all required permits and the certificates of occupancy with respect to the Facilities. D. The County agrees to maintain strict adherence with applicable codes, ordinances, and statutes related to permitting,including all applicable provisions of the City of Okeechobee Land Development Regulations, with respect to the Facilities. E. The County shall not be subject to any City fees with respect to building plan review, permitting, and inspections conducted by the County with respect to the Facilities. Section 3. Effective Date, Term, and Termination. This Interlocal Agreement and any subsequent amendment hereto shall be effective upon signing by both of the parties and recording with the Okeechobee County Clerk of the Circuit Court as provided by Section 163.01(11),Florida Statutes. The term of this agreement shall be indefinite and shall continue until terminated by mutual agreement of the parties. Section 4. Indemnification/Sovereign Immunity. Except as otherwise specifically provided in the Agreement, neither party shall be liable for the negligent or wrongful acts of the other party in the performance of this Agreement. Nothing in this Section is intended to serve as a waiver of each of the Parties' respective sovereign immunity. Section 5. Notices. Any notice, demand, request, or other instrument which may be or is required to be given or delivered under this Agreement shall be deemed to be delivered(i)whether or not actually received, five (5) days after deposited in the United States mail, postage prepaid, certified or registered mail, return receipt requested, or (ii) when received (or when receipt is refused) if delivered personally or sent by a nationally-recognized overnight courier, all charges prepaid, at the addresses of County and City as set forth in this paragraph. Such address may be changed by written notice to the other party in accordance with this paragraph. County: Cam: Okeechobee County City of Okeechobee Attn: County Administrator Attn: City Administrator 304 NW 2nd Street 55 SE 3rd Avenue Okeechobee, Florida 34972 Okeechobee, FL 34974 Section 6. Public Records. A. Pursuant to section 119.0701, Florida Statutes,the County and the City shall: Page 2 of 5 i. Retain all records in accordance with Chapter 119. ii. Keep and maintain public records required in order to perform the Agreement's requirements. iii. Upon request from the City or County custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in State Statute or as otherwise provided by law. iv. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements and are not disclosed except as authorized by law for the duration of the Agreement term and following completion of the Agreement. V. If the County or City,in their respective sole discretion,requests a copy of all public records in possession of the other party, the County or City shall duplicate and provide to the records, at no cost, all public records in possession within a reasonable amount of time and in a format that is accessible. B. Pursuant to Section 119.0701(2)(a), Fla. Stat., IF THE COUNTY HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE COUNTY'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE CITY'S CUSTODIAN OF PUBLIC RECORDS AT: LANE GAMIOTEA, CMC, CITY CLERK, (863) 763-3372, EXT. 9814, LGAMIOTEA@CITYOFOKEECHOBEE.COM, 55 SE 3RD AVE., OKEECHOBEE, FL 34974. C. Pursuant to Section 119.0701(2)(a), Fla. Stat., IF THE CITY HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CITY'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE COUNTY'S CUSTODIAN OF PUBLIC RECORDS AT: COUNTY ADMINISTRATOR, AT 863-763-6441, EXT 1; publicrecords@co.okeechobee.fl.us; MAILING ADDRESS: 304 NW 2nd Street, ROOM 123, OKEECHOBEE, FL 34972. Section 7. Third Parties. The parties hereto do not intend, nor shall this Agreement be construed to grant any rights, privileges, or interest to any third party. Section 8. Entire Agreement This Agreement, including attachments hereto, if any, constitutes the entire agreement between the City and the County. No change will be valid,unless made by supplemental written agreement, executed and approved by the parties. Page 3 of 5 Section 9. Headings. The section headings are inserted herein for convenience and reference only,and in no way define, limit or otherwise describe the scope or intent of any provisions hereof. Section 10. Severability. Should any section or any part of any section of this Agreement be rendered void, invalid, or unenforceable by any court of law, for any reason, such determination shall not render void, invalid, or unenforceable any other section or any part of any section in this Agreement. Section 11. No Construction against Preparer. This Agreement has been prepared jointly by the County and the City and their respective professional advisors. The County, City and their respective professional advisors believe that this Agreement expresses their agreement and that it should not be interpreted in favor of either the County or City or against the County or City merely because of their respective efforts in preparing it. Section 12. Governing Law. The validity and interpretation of this Agreement shall be governed by the laws of the State of Florida, and venue shall be in the Nineteenth Judicial Circuit in Okeechobee County,Florida. Each party waives any defense of improper or inconvenient venue as to the stated court and consents to personal jurisdiction in the stated court. Section 13. Amendment. No amendment, modification or alteration of the terms hereof shall be binding unless the same be in writing, dated concurrent or subsequent to the date hereof and duly executed by the parties hereto. IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed by their duly authorized representatives. APPROVED this day of 2021, by the Okeechobee County Board of County Commissioners. Okeechobee County, a political subdivision of the State of Florida By: Attest: Terry W. Burroughs, Chairman Board of County Commissioners Jerald D. Bryant,Clerk of the Circuit Court and Comptroller Approved as to Form and Legality for Okeechobee County: Wade Vose, County Attorney Page 4 of 5 APPROVED this day of 2021, by the Okeechobee City Council. City of Okeechobee, Florida, a municipal corporation of the State of Florida By: Attest: Dowling R. Watford, Jr., Mayor Lane Gamiotea, CMC, City Clerk Approved as to Form and Legality for Okeechobee County: John J. Fumero, City Attorney Page 5 of 5 .r CITY OF OKEECHOBEE Okeechobee City ncil 55 SE THIRD AVENUE Mayor Dowling R. Watford, Jr. `r m Wes Abney OKEECHOBEE, FL 34974 Monica Clark Phone: (863)763-3372 Bob Jarriel 915* www.cityofokeechobee.com Bobby Keefe Office of the City Administrator Direct Line: 873-763-9812 MEMORANDUM TO: Mayor Watford and City Council FROM: Gary Ritter, City Administrato Re: Additional Agenda Item Interlocal Agreement between Okeechobee County and the City of Okeechobee for Building Plan Review, Permitting, and Inspections Services for the Okeechobee County Jail Project DATE: November 16, 2021 Please add the following item to the November 16, 2021 City Council Meeting Agenda: Discuss a proposed interlocal agreement provided by the County that would result in a transfer of permitting and inspections for the Jail from the City to the County. Background: The County is in the process of beginning construction on a multi-year, multi-million- dollar jail complex estimated at a cost of over $80 million. Construction on the first phase is roughly $22 million. The Jail is within the City limits and normally all permitting and inspections would be conducted by our City Building Inspector. The City's fees for permitting and inspections would likely be in excess of $100,000 once completed. Because of the complexity of this project the City does not have the expertise to handle this type of permitting and inspections. Therefore, the County has proposed an interlocal agreement that would transfer all permitting and inspection responsibilities to the County, providing reporting and documentation to the City on an as-needed basis. s Interlocal Agreement between Okeechobee County and the City of Okeechobee for Building Plan Review, Permitting, and Inspection Services for Certain County Facilities within the City Limits of the City of Okeechobee THIS INTERLOCAL AGREEMENT ("Agreement") is made and entered into between Okeechobee County ("the County"), a political subdivision of the State of Florida whose address is 304 NW 2nd Street, Okeechobee, FL 34972, and the City of Okeechobee ("the City"), a municipal corporation organized and existing under the laws of the State of Florida whose address is 55 SE 3rd Ave, Okeechobee, FL 34974, hereinafter collectively referred to as the "Parties". WITNESSETH WHEREAS, the County is authorized by Section 125.01(1)(p), Florida Statutes, to enter into agreements with other governmental agencies within or outside the boundaries of the county for the joint performance, or performance by one unit on behalf of the other, of any of either agency's authorized functions, and WHEREAS, Section 163.01, Florida Statutes, authorizes the exercise by agreement between two or more public agencies of any power common to them; and WHEREAS, this Interlocal Agreement is authorized by the provisions of Chapters 125 and 163, Florida Statutes and other applicable law; and WHEREAS,the County plans to construct new County-owned facilities,and to repair and rehabilitate portions of existing County-owned facilities, namely the Okeechobee County Jail, the Okeechobee County Sheriff's offices and facilities,and related buildings,structures,facilities,and improvements, located on or serving Parcel ID No. 3-15-37-35-0010-00950-0070 (the "Facilities"), lying within the municipal limits of the City; and WHEREAS, the County, through its staff and contractors, is fully capable of conducting plan review,permitting, and inspections relating the Facilities: and WHEREAS,the County and the City have determined that it is in the best interests of the Parties to enter into this Agreement. NOW THEREFORE, in consideration of the premises, mutual covenants, and representations contained herein,constituting good and valuable consideration,the County and the City agree as follows: Section 1. Recitals. The recitals set forth above are incorporated herein by reference and made a part of this Agreement. Section 2. Plan Review,Permitting,and Inspections Conducted by County for Facilities A. The County shall be solely responsible for performing and shall perform all necessary building plan review, permitting, and inspections with respect to the Facilities, in Page 1 of 5 y �i accordance with the Florida Building Code, Florida Fire Prevention Code and any other applicable construction related codes. - --- ------ B. he County shall be solely responsible for performing and shall perform inspections (the lating to all permit applications reviewed and processed by the County with respect to Facilities. C. The County shall be solely responsible for issuing and shall issue all required permits and the certificates of occupancy with respect to the Facilities. D. The County agrees to maintain strict adherence with applicable codes, ordinances, and statutes related to permitting, including all applicable provisions of the City of Okeechobee Land Development Regulations,with respect to the Facilities. E. The County shall not be subject to any City fees with respect to building plan review, permitting, and inspections conducted by the County with respect to the Facilities. Section 3. Effective Date, Term, and Termination. This Interlocal Agreement and any subsequent amendment hereto shall be effective upon signing by both of the parties and recording with the Okeechobee County Clerk of the Circuit Court as provided by Section 163.01(11),Florida Statutes. The term of this agreement shall be indefinite and shall continue until terminated by mutual agreement of the parties. Section 4. Indemnification/Sovereign Immunity. Except as otherwise specifically provided in the Agreement, neither party shall be liable for the negligent or wrongful acts of the other party in the performance of this Agreement. Nothing in this Section is intended to serve as a waiver of each of the Parties' respective sovereign immunity. Section 5. Notices. Any notice, demand, request, or other instrument which may be or is required to be given or delivered under this Agreement shall be deemed to be delivered(i)whether or not actually received, five (5) days after deposited in the United States mail, postage prepaid, certified or registered mail, return receipt requested, or (ii) when received (or when receipt is refused) if delivered personally or sent by a nationally-recognized overnight courier, all charges prepaid, at the addresses of County and City as set forth in this paragraph. Such address may be changed by written notice to the other party in accordance with this paragraph. County: Cam: Okeechobee County City of Okeechobee Attn: County Administrator Attn: City Administrator 304 NW 2nd Street 55 SE 3rd Avenue Okeechobee, Florida 34972 Okeechobee, FL 34974 Section 6. Public Records. A. Pursuant to section 119.0701,Florida Statutes, the County and the City shall: Page 2 of 5 s i. Retain all records in accordance with Chapter 119. ii. Keep and maintain public records required in order to perform the Agreement's requirements. iii. Upon request from the City or County custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in State Statute or as otherwise provided by law. iv. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements and are not disclosed except as authorized by law for the duration of the Agreement term and following completion of the Agreement. V. If the County or City,in their respective sole discretion,requests a copy of all public records in possession of the other party, the County or City shall duplicate and provide to the records, at no cost, all public records in possession within a reasonable amount of time and in a format that is accessible. B. Pursuant to Section 119.0701(2)(a), Fla. Stat., IF THE COUNTY HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE COUNTY'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE CITY'S CUSTODIAN OF PUBLIC RECORDS AT: LANE GAMIOTEA, CMC, CITY CLERK, (863) 763-3372, EXT. 9814, LGAMIOTEA@CITYOFOKEECHOBEE.COM, 55 SE 3RD AVE., OKEECHOBEE, FL 34974. C. Pursuant to Section 119.0701(2)(a), Fla. Stat., IF THE CITY HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CITY'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE COUNTY'S CUSTODIAN OF PUBLIC RECORDS AT: COUNTY ADMINISTRATOR, AT 863-763-6441, EXT 1; public records@co.okeechobee.fl.us; MAILING ADDRESS: 304 NW 2nd Street, ROOM 123, OKEECHOBEE, FL 34972. Section 7. Third Parties. The parties hereto do not intend, nor shall this Agreement be construed to grant any rights, privileges, or interest to any third party. Section 8. Entire Agreement. This Agreement, including attachments hereto, if any, constitutes the entire agreement between the City and the County. No change will be valid,unless made by supplemental written agreement, executed and approved by the parties. Page 3 of 5 Section 9. Headings. The section headings are inserted herein for convenience and reference only,and in no way define, limit or otherwise describe the scope or intent of any provisions hereof. Section 10. Severability. Should any section or any part of any section of this Agreement be rendered void, invalid, or unenforceable by any court of law, for any reason, such determination shall not render void, invalid, or unenforceable any other section or any part of any section in this Agreement. Section 11. No Construction against Preparer. This Agreement has been prepared jointly by the County and the City and their respective professional advisors. The County, City and their respective professional advisors believe that this Agreement expresses their agreement and that it should not be interpreted in favor of either the County or City or against the County or City merely because of their respective efforts in preparing it. Section 12. Governing Law. The validity and interpretation of this Agreement shall be governed by the laws of the State of Florida, and venue shall be in the Nineteenth Judicial Circuit in Okeechobee County,Florida. Each party waives any defense of improper or inconvenient venue as to the stated court and consents to personal jurisdiction in the stated court. Section 13. Amendment. No amendment, modification or alteration of the terms hereof shall be binding unless the same be in writing, dated concurrent or subsequent to the date hereof and duly executed by the parties hereto. IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed by their duly authorized representatives. APPROVED this day of 2021, by the Okeechobee County Board of County Commissioners. Okeechobee County, a political subdivision of the State of Florida By: Attest: Terry W.Burroughs, Chairman Board of County Commissioners Jerald D.Bryant,Clerk of the Circuit Court and Comptroller Approved as to Form and Legality for Okeechobee County: Wade Vose,County Attorney Page 4 of 5 APPROVED this day of 2021, by the Okeechobee City Council. City of Okeechobee, Florida, a municipal corporation of the State of Florida By: Attest: Dowling R. Watford, Jr., Mayor Lane Gamiotea, CMC, City Clerk Approved as to Form and Legality for Okeechobee County: John J. Fumero, City Attorney Page 5 of 5 I CITY OF OKEECHOBEE Okeechobee City Council Mayor Dowling R. Watford, Jr. LL T 55 SE THIRD AVENUE Wes Abney OKEECHOBEE, FL 34974 Monica Clark Phone: (863)763-3372 Bob Jarriel 915* www.cityofokeechobee.com Bobby Keefe Office of the City Administrator Direct Line: 873-763-9812 MEMORANDUM TO: Mayor Watford and City Council FROM: Gary Ritter, City Administrator Re: Additional Agenda Item Interlocal Agreement between Okeechobee County and the City of Okeechobee for Building Plan Review, Permitting, and Inspections Services for the Okeechobee County Jail Project DATE: November 16, 2021 Please add the following item to the November 16, 2021 City Council Meeting Agenda: Discuss a proposed interlocal agreement provided by the County that would result in a transfer of permitting and inspections for the Jail from the City to the County. Background: The County is in the process of beginning construction on a multi-year, multi-million- dollar jail complex estimated at a cost of over $80 million. Construction on the first phase is roughly $22 million. The Jail is within the City limits and normally all permitting and inspections would be conducted by our City Building Inspector. The City's fees for permitting and inspections would likely be in excess of $100,000 once completed. Because of the complexity of this project the City does not have the expertise to handle this type of permitting and inspections. Therefore, the County has proposed an interlocal agreement that would transfer all permitting and inspection responsibilities to the County, providing reporting and documentation to the City on an as-needed basis. s 1 Interlocal Agreement between Okeechobee County and the City of Okeechobee for Building Plan Review,Permitting, and Inspection Services for Certain County Facilities within the City Limits of the City of Okeechobee THIS INTERLOCAL AGREEMENT ("Agreement") is made and entered into between Okeechobee County ("the County"), a political subdivision of the State of Florida whose address is 304 NW 2nd Street, Okeechobee, FL 34972, and the City of Okeechobee ("the City"), a municipal corporation organized and existing under the laws of the State of Florida whose address is 55 SE 3rd Ave, Okeechobee, FL 34974, hereinafter collectively referred to as the"Parties". WITNESSETH WHEREAS, the County is authorized by Section 125.01(1)(p), Florida Statutes, to enter into agreements with other governmental agencies within or outside the boundaries of the county for the joint performance, or performance by one unit on behalf of the other, of any of either agency's authorized functions, and WHEREAS, Section 163.01, Florida Statutes, authorizes the exercise by agreement between two or more public agencies of any power common to them; and WHEREAS, this Interlocal Agreement is authorized by the provisions of Chapters 125 and 163,Florida Statutes and other applicable law; and WHEREAS,the County plans to construct new County-owned facilities,and to repair and rehabilitate portions of existing County-owned facilities, namely the Okeechobee County Jail, the Okeechobee County Sheriff's offices and facilities,and related buildings, structures,facilities, and improvements, located on or serving Parcel ID No. 3-15-37-35-0010-00950-0070 (the "Facilities"), lying within the municipal limits of the City; and WHEREAS,the County, through its staff and contractors, is fully capable of conducting plan review,permitting, and inspections relating the Facilities: and WHEREAS,the County and the City have determined that it is in the best interests of the Parties to enter into this Agreement. NOW THEREFORE, in consideration of the premises, mutual covenants, and representations contained herein,constituting good and valuable consideration,the County and the City agree as follows: Section 1. Recitals. The recitals set forth above are incorporated herein by reference and made a part of this Agreement. Section 2. Plan Review,Permitting,and Inspections Conducted by County for Facilities A. The County shall be solely responsible for performing and shall perform all necessary building plan review, permitting, and inspections with respect to the Facilities, in Page 1 of 5 accordance with the Florida Building Code, Florida Fire Prevention Code and any other applicable construction related codes. B. The County shall be solely responsible for performing and shall perform inspections relating to all permit applications reviewed and processed by the County with respect to the Facilities. C. ) The County shall be solely responsible for issuing and shall issue all required permits and the certificates of occupancy with respect to the Facilities. D. The County agrees to maintain strict adherence with applicable codes, ordinances, and statutes related to permitting, including all applicable provisions of the City of Okeechobee Land Development Regulations, with respect to the Facilities. E. The County shall not be subject to any City fees with respect to building plan review, permitting, and inspections conducted by the County with respect to the Facilities. Section 3. Effective Date, Term, and Termination. This Interlocal Agreement and any subsequent amendment hereto shall be effective upon signing by both of the parties and recording with the Okeechobee County Clerk of the Circuit Court as provided by Section 163.01(11),Florida Statutes. The term of this agreement shall be indefinite and shall continue until terminated by mutual agreement of the parties. Section 4. Indemnification/Sovereign Immunity. Except as otherwise specifically provided in the Agreement,neither party shall be liable for the negligent or wrongful acts of the other party in the performance of this Agreement. Nothing in this Section is intended to serve as a waiver of each of the Parties' respective sovereign immunity. Section 5. Notices. Any notice, demand, request, or other instrument which may be or is required to be given or delivered under this Agreement shall be deemed to be delivered(i)whether or not actually received, five (5) days after deposited in the United States mail, postage prepaid, certified or registered mail, return receipt requested, or (ii) when received (or when receipt is refused) if delivered personally or sent by a nationally-recognized overnight courier, all charges prepaid, at the addresses of County and City as set forth in this paragraph. Such address may be changed by written notice to the other party in accordance with this paragraph. County: Cam: Okeechobee County City of Okeechobee Attn: County Administrator Attn: City Administrator 304 NW 2nd Street 55 SE 3rd Avenue Okeechobee, Florida 34972 Okeechobee, FL 34974 Section 6. Public Records, A. Pursuant to section 119.0701,Florida Statutes,the County and the City shall: Page 2 of 5 i. Retain all records in accordance with Chapter 119. ii. Keep and maintain public records required in order to perform the Agreement's requirements. iii. Upon request from the City or County custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in State Statute or as otherwise provided by law. iv. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements and are not disclosed except as authorized by law for the duration of the Agreement term and following completion of the Agreement. V. If the County or City,in their respective sole discretion,requests a copy of all public records in possession of the other party, the County or City shall duplicate and provide to the records, at no cost, all public records in possession within a reasonable amount of time and in a format that is accessible. B. Pursuant to Section 119.0701(2)(a), Fla. Stat., IF THE COUNTY HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE COUNTY'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE CITY'S CUSTODIAN OF PUBLIC RECORDS AT: LANE GAMIOTEA, CMC, CITY CLERK, (863) 763-3372, EXT. 9814, LGAMIOTEA@CITYOFOKEECHOBEE.COM, 55 SE 3RD AVE., OKEECHOBEE, FL 34974. C. Pursuant to Section 119.0701(2)(a), Fla. Stat., IF THE CITY HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CITY'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE COUNTY'S CUSTODIAN OF PUBLIC RECORDS AT: COUNTY ADMINISTRATOR, AT 863-763-6441, EXT 1; publicrecords@co.okeechobee.fl.us; MAILING ADDRESS: 304 NW 2nd Street, ROOM 123, OKEECHOBEE, FL 34972. Section 7. Third Parties. The parties hereto do not intend, nor shall this Agreement be construed to grant any rights, privileges, or interest to any third party. Section 8. Entire Agreement. This Agreement, including attachments hereto, if any, constitutes the entire agreement between the City and the County. No change will be valid,unless made by supplemental written agreement, executed and approved by the parties. Page 3 of 5 t Section 9. Headings. The section headings are inserted herein for convenience and reference only,and in no way define, limit or otherwise describe the scope or intent of any provisions hereof. Section 10. Severability. Should any section or any part of any section of this Agreement be rendered void, invalid, or unenforceable by any court of law, for any reason, such determination shall not render void, invalid, or unenforceable any other section or any part of any section in this Agreement. Section 11. No Construction against Prenarer. This Agreement has been prepared jointly by the County and the City and their respective professional advisors. The County, City and their respective professional advisors believe that this Agreement expresses their agreement and that it should not be interpreted in favor of either the County or City or against the County or City merely because of their respective efforts in preparing it. Section 12. Governing Law. The validity and interpretation of this Agreement shall be governed by the laws of the State of Florida, and venue shall be in the Nineteenth Judicial Circuit in Okeechobee County,Florida. Each party waives any defense of improper or inconvenient venue as to the stated court and consents to personal jurisdiction in the stated court. Section 13. Amendment. No amendment, modification or alteration of the terms hereof shall be binding unless the same be in writing, dated concurrent or subsequent to the date hereof and duly executed by the parties hereto. IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed by their duly authorized representatives. APPROVED this day of 2021, by the Okeechobee County Board of County Commissioners. Okeechobee County, a political subdivision of the State of Florida By: Attest: Terry W.Burroughs, Chairman Board of County Commissioners Jerald D.Bryant,Clerk of the Circuit Court and Comptroller Approved as to Form and Legality for Okeechobee County: Wade Vose, County Attorney Page 4 of 5 APPROVED this day of 2021, by the Okeechobee City Council. City of Okeechobee, Florida, a municipal corporation of the State of Florida By: Attest: Dowling R. Watford, Jr., Mayor Lane Gamiotea, CMC, City Clerk Approved as to Form and Legality for Okeechobee County: John J. Furnero, City Attorney Page 5 of 5 FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LAST NAME—FIRST NAME—MIDDLE NAME NAME,OF BOARD,COUNCIL,QOMMISSION,AUTHORITY,OR COMMITTEE 1 trV_ , Wi Fl "c Cl 6 iuuo(VT MAILING ADDRESS THE BOA D,COUNCIL,COMMISSION,AUTHORITY OR COMMITTEE ON WHICH 1 SERVE IS A UNIT OF: CITY COUNTY G�CITY ❑COUNTY ❑OTHER LOCALAGENCY � NAME.OF POLITICAL SUBDIVISION:1 DATE ON WHICH VOTE OCCURRED C Jt _ F _ i�� A)(J,>eL v w - t lin Jco MY POS ION IS: l ELECTIVE ❑ APPOINTIVE WHO MUST FILE FORM 813 This form is for use by any person serving at the county,city,or other local level of government on an appointed or elected board, council, commission,authority, or committee. It applies to members of advisory and non-advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which would inure to his or her special private gain or loss. Each elected or appointed local officer also MUST ABSTAIN from knowingly voting on a measure which would inure to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the parent,subsidiary,or sibling organization of a principal by which he or she is retained);to the special private gain or loss of a relative;or to the special private gain or loss of a business associate.Commissioners of community redevelopment agencies(CRAs)under Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited from voting in that capacity. For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law, mother-in-law, son-in-law, and daughter-in-law.A"business associate" means any person or entity engaged in or carrying on a business enterprise with the officer as a partner,joint venturer, coowner of property, or corporate shareholder(where the shares of the corporation are not listed on any national or regional stock exchange). ELECTED OFFICERS: In addition to abstaining from voting in the situations described above,you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting;and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the minutes of the meeting,who should incorporate the form in the minutes. APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you are not prohibited by Section 112.3143 from otherwise participating in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: • You must complete and file this form(before making any attempt to influence the decision)with the person responsible for recording the minutes of the meeting,who will incorporate the form in the minutes. (Continued on page 2) CE FORM 8B-EFF.11/2013 PAGE 1 Adopted by reference in Rule 34-7.010(1)(f),F.A.C. APPOINTED OFFICERS (continued) • A copy of the form must be provided immediately to the other members of the agency. • The form must be read publicly at the next meeting after the form is filed. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: • You must disclose orally the nature of your conflict in the measure before participating. • You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting,who must incorporate the form in the minutes.A copy of the form must be provided immediately to the other members of the agency,and the form must be read publicly at the next meeting after the form is filed. DISCLOSURE OF LOCAL OFFICER'S INTEREST p I, R l 1 L 1 11 L( L l,L hereby disclose that on /V U fYl bkt I 20 (a)A measure came or will come before my agency which(check one or more) inured to my special private gain or loss; inured to the special gain or loss of my business associate, inured to the special gain or loss of my relative, inured to the special gain or loss of by whom I am retained;or inured to the special gain or loss of which is the parent subsidiary,or sibling organization or subsidiary of a principal which has retained me. (b)The measure before my agency and the nature of my conflicting interest in the measure is as follows: If disclosure of specific information would violate confidentiality or privilege pursuant to law or rules governing attorneys, a public officer, who is also an attorney, may comply with the disclosure requirements of this section by disclosing the nature of the interest in such a way as to provide the public with notice of the conflict. A] Date Filed Signature NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED$10,000. CE FORM 86-EFF.11/2013 PAGE 2 Adopted by reference in Rule 34-7.010(1)(f),F.A.C.