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INTERLOCAL AGREEMENT- VARIOUS CITIES-BUILDING CODE AMENDMENTS . ,. INTERLOCAL AGREEMENT AMONG PINELLAS COUNTY, THE PINELLAS COUNTY CONSTRUCTION LICENSING HOARD, AND THE MUNICIPALITIES OF PINELLAS COUNTY, RELATING TO LOCAL BUILDING CODE AMENDMENTS. WHEREAS, Pinellas County contains twenty-four distinct municipalities within its boundaries and is the most densely populated County in the entire Southeast United States; and WHEREAS, it is mutually agreed among the undersigned parties that consistency with respect to building codes throughout this densely populated County benefits local building officials, landowners, and contractors alike; and WHEREAS, the Pinellas County Construction Licensing Board (hereinafter "PCCLB") was established by special act of the Florida Legislature (Chapter 73-595 Part II and Chapter 75- 489 Part III, Laws of Florida, as amended) for the purpose of licensing contractors and as the sole authority in Pinellas County for establishing building codes and hearing appeals and variance requests for matters pertaining to building codes; and WHEREAS, the Florida Legislature has passed the Florida Building Code, a statewide uniform building code, pursuant to Laws of Florida Chapters 98-287, 98-419, 2000-141, 2000- 154, and 2001-186; and WHEREAS, section 553.73(4)(b), Florida Statutes, which becomes effective January 1, 2002, allows for local governments to make locally applicable technical amendments to the Florida Building Code; and WHEREAS, that section requires that "[ e ]ach county and municipality desiring to make local technical amendments to the Florida Building Code shall by interlocal agreement establish a countywide compliance review board to review any amendment to the Florida Building Code, adopted by a local government within the county..,;" and WHEREAS, the PCCLB is funded and operates purely upon revenue derived from license fees paid by contractors; and WHEREAS, in the interests of economy of effort, consistency of process, and the consistency among the local jurisdiction building codes, the undersigned parties find that continuing the process in place since 1975 in Pinellas County is in the best interests of the citizens of the county and each municipality. NOW THEREFORE, the undersigned parties, pursuant to Florida Statutes Chapter 163, hereby agree as follows: F:\USERS\A TTY\A TYKB41 \ WPDOCS\PCCLB\INTERLOCAL CNTYWIDE,doc Page 1 of27 ~ 1) DELEGATION OF POWER The parties to this Interlocal Agreement, hereby delegate all power necessary to the PCCLB to continue in its position as the sole authority in Pinellas County with respect to the amendment of building codes countywide. These powers shall be exercised in accordance with the general procedures of Chapter 73-595 Part II and Chapter 75-489 Part III, Laws of Florida, as amended, to the extent not inconsistent with the applicable general state law requirements. To the extent that the aforementioned general procedures are inconsistent with general law, the PCCLB shall stand in the place of the local government solely for the purposes for making local technical amendments to the Florida Building Code, and hearing appeals and variance requests for matters pertaining to building codes. This delegation of power includes, but is not limited to, a grant of power pursuant to Florida Statutes Section 533.73(4)(b)(7), as created or amended by Chapters 2000-141, 2000-154, and 2001-186, Laws of Florida, (or as may be subsequently amended) making the PCCLB the "Countywide Compliance Review Board" as described in that section. 2) TERM AND TERMINA nON This Agreement shall become effective upon execution of the parties and filing with the Clerk of the Circuit Court for Pinellas County. The Agreement may be terminated upon a party providing a written notice of 6 months to each of the other parties, and after conducting a hearing pursuant to Florida Statutes ~ 120.569. 3) AMENDMENT PROCEDURES Any party, may initiate an amendment to this Agreement. All amendments shall be in writing and shall not be effective against any party until executed by at a minimum, County, PCCLB and one City, and then will be effective only as to signatories to the amendment. Only the Chairperson of the governing body of each party, after approval of the governing body, may execute either this Agreement or any subsequent amendment, unless the entity's charter, governing documents, or ordinances provide otherwise. 4) RESERVATION OF RIGHTS TO SOVEREIGN IMMUNITY AND DECLARATION OF INDEPENDENT STATUS Nothing in this Agreement shall be construed to affect any party's entitlement under Florida Law to sovereign immunity, nor shall this Agreement be construed the create any indemnification by one party of another. This Agreement shall furthermore not be construed to create any agency relationships among the parties or any relationship other than independent contracting entities. F:\USERS\A TTY\A TYKB41 \ WPDOCS\PCCLBllNTERLOCAL CNTYWIDE,doc Page 2 of27 PINELLAS COUNTY ATTEST: KARLEENF. DeB LAKER, CLERK By: Deputy Clerk (seal) APPROVED AS TO FORM: Office of the County Attorney PINELLAS COUNTY, FLORIDA, by and through its Board of County Commissioners By: Chairman Date: F:\USERS\A TTY\A TYKB41 \ WPDOCS\PCCLB\INTERLOCAL CNTYWIDE,doc Page 3 of27 iO PINELLAS COUNTY CONSTRUCTION LICENSING BOARD Attest: Pinellas County Construction Licensing Board Chairman Date: F:\USERS\A TTY\A TYKB41 \ WPDOCS\PCCLB\INTERLOCAL CNTYWIDEdoc Page 4 of27 10 CITY OF BELLEAIR BEACH Attest: CITY OF BELLEAIR BEACH, FLORIDA By: City Clerk Date: Approved as to form: City Attorney F:\USERS\A TTY\A TYKB41 \ WPDOCS\PCCLB\INTERLOCAL CNTYWIDE,doc Page 5 of27 TOWN OF BELLEAIR TOWN OF BELLEAIR Mayor Date: ATTEST: TOWN CLERK APPROVED: TOWN ATTORNEY F:\USERS\A TTY\A TYKB41 \ WPDOCS\PCCLB\INTERLOCAL CNTYWlDE.doc Page 6 of27 TOWN OF BELLEAIR SHORE TOWN OF BELLEAIR SHORE, a Florida municipal corporation Attest: T own Clerk By: Mayor Date: Approved as to form: Town Attorney F:\USERSIA TTY\A TYKB41 \ WPDOCS\PCCLB\INTERLOCAL CNTYWIDE.doc Page 70f27 CITY OF BELLEAIR BLUFFS CITY OF BELLEAIR BLUFFS, FLORIDA MAYOR Date: ATTEST: CITY CLERK APPROVED AS TO FORM: CITY ATTORNEY F:\USERS\A TTY\A TYKB4 I \ WPDOCS\PCCLB\INTERLOCAL CNTYWIDEdoc Page 8 of27 CITY OF CLEARWATER Countersigned: Approved as to form: fI- Pamela K. Akin Assistant City Attorney a CITY OF CLEARWATER, FLORIDA BY:~'B. ~ I'ham B. Horne II City Manager Attest: -~.~- CITY OF DUNEDIN CITY OF DUNEDIN, FLORIDA A Municipal Corporation By: Mayor By: City Manager Date: ATTEST: City Clerk (CITY SEAL) APPROVED AS TO FORM: City Attorney F:\USERS\A TTY\A TYKB41 \ WPDOCS\PCCLB\1NTERLOCAL CNTYWIDE.doc Page 10 of27 CITY OF GULFPORT CITY OF GULFPORT, FLORIDA By CITY MANAGER Date: APPROVED AS TO FORM: ATTEST: CITY ATTORNEY CITY CLERK F:\USERS\A TIY\A TYKB41 \ WPDOCS\PCCLB\INTERLOCAL CNTYWIDE,doc Page 11 of27 CITY OF INDIAN ROCKS BEACH CITY OF INDIAN ROCKS BEACH By: City Manager ATTEST: City Clerk Dated: F:\USERS\A TTY\A TYKB41 \ WPDOCS\PCCLB\INTERLOCAL CNTYWIDE.doc Page 12 of27 TOWN OF INDIAN SHORES TOWN OF INDIAN SHORES ATTEST: By: Mayor Date: Town Clerk (Town Seal) F:\USERS\A TTY\A TYKB41 \ WPDOCS\PCCLB\INTERLOCAL CNTYWlDE,doc Page 13 of27 KENNETH CITY KENNETH CITY Mayor Date: ATTEST: Town Clerk F:\USERS\A TTY\A TYKB41 \ WPDOCS\PCCLB\INTERLOCAL CNTYWIDE.doc Page 14 of27 CITY OF LARGO CITY OF LARGO Mayor Date: ATTEST: City Clerk APPROVED AS TO FORM: City Attorney F:\USERS\A TIY\A TYKB41 \ WPDOCS\PCCLB\lNTERLOCAL CNTYWIDE.doc Page 15 of27 CITY OF MADEIRA BEACH CITY OF MADEIRA BEACH City Attorney Mayor Date: Attest: City Clerk F:\USERS\A TTY\A TYKB41 \ WPDOCS\PCCLB\INTERLOCAL CNTYWIDE.doc Page 16 of27 CITY OF OLDSMAR CITY OF OLDSMAR Mayor City Manager Date: Attest: City Clerk Approved As To Form: City Attorney F:\USERS\A TTY\A TYKB41 \ WPDOCS\PCCLB\INTERLOCAL CNTYWIDE.doc Page 17 of27 CITY OF PINELLAS PARK CITY OF PINELLAS PARK, FLORIDA By: MAYOR Date: ATTEST: CITY CLERK APPROVED AS TO FORM: BY: City Attorney F:\USERS\A TTY\A TYKB4 I \ WPDOCS\PCCLB\INTERLOCAL CNTYWIDE,doc Page 18 of27 TOWN OF NORTH REDINGTON BEACH ATTEST: CITY CLERK TOWN OF NORTH REDINGTON BEACH FLORIDA By: By: Title: Title: Date: APPROVED AS TO FORM: Office of City Attorney By: F:IUSERSIA TTYIA TYKB41 I WPDOCSIPCCLBIINTERLOCAL CNTYWIDE,doc Page 19 of27 TOWN OF REDINGTON BEACH TOWN OF REDINGTON BEACH, FLORIDA Attest: By: Mayor Town Administrator Date: Approved as to legal content F:\USERS\A TTY\A TYKB41 \ WPDOCS\PCCLB\INTERLOCAL CNTYWIDE.doc Page 20 of27 CITY OF SAFETY HARBOR CITY OF SAFETY HARBOR, FLORIDA, a municipal corporation By: City Mayor Date: By: City Manager ATTEST: City Clerk F:\USERS\A TTY\A TYKB41 \ WPDOCS\PCCLB\INTERLOCAL CNTYWIDE,doc Page 21 of27 CITY OF ST. PETE BEACH CITY OF ST. PETE BEACH By: City Manager Date: By: Mayor ATTEST: Approved as to form: City Clerk City Attorney F:\USERS\A TTY\A TYKB41 \ WPDOCS\PCCLB\INTERLOCAL CNTYWIDE,doc Page 22 of27 CITY OF ST. PETERSBURG ATTEST: CITY OF ST. PETERSBURG Clerk of City Council By: Date: Approved as to form and substance: City Attorney F:\USERS\A ITY\A TYKB41 \ WPDOCS\PCCLB\1NTERLOCAL CNTYWlDEdoc Page 23 of27 CITY OF SEMINOLE CITY OF SEMINOLE Mayor City Manager Date: ATTEST: City Clerk Approved as to form and content: City Attorney F:\USERS\A TTY\A TYKB41 \ WPDOCS\PCCLB\INTERLOCAL CNTYWIDE.doc Page 24 of27 CITY OF SOUTH PASADENA ATTEST: CITY OF SOUTH PASADENA CITY CLERK By MAYOR APPROVED AS TO FORM CITY CLERK Date: CITY ATTORNEY F:IUSERS\A TTY\A TYKB4 I I WPDOCSIPCCLB\INTERLOCAL CNTYWIDE.doc Page 25 of27 CITY OF TREASURE ISLAND Mayor, City of Treasure Island ATTEST: Date: City Clerk [CITY SEAL] APPROVED AS TO FORM: City Attorney F:\USERS\A TTY\A TYKB41 \ WPDOCS\PCCLB\INTERLOCAL CNTYWIDE.doc Page 27 of27