INTERLOCAL AGREEMENT TO ASSIST IN THE COLLECTION AND REMITTANCE OF THE PLAN REVIEW FEESINTERLOCAL AGREEMENT
THIS INTERLOCAL AGREEMENT ("Agreement") is made and entered into between
Pinellas County, Florida, a political subdivision of the State of Florida ("County") and
City of Clearwater, Florida
a dependent/an independent special district, (individually, the "Fire District", collectively, "the
Parties"), this day of , 2022 ("Effective Date").
RECITALS
WHEREAS, the Fire District has, pursuant to law, adopted by Resolution/Ordinance
See Exhibit A (the "Resolution"), as may be amended,
establishing a fee to review site development plans, and building permit applications (the "Plan
Review Fees"); and
WHEREAS, the Fire District desires the assistance of Pinellas County in the collection
and remittance of the Plan Review Fees.
NOW THEREFORE, in consideration of the above and mutual covenants contained
herein, the Parties agree as follows:
1. SERVICES.
The County shall collect the Plan Review Fees in accordance with the fees established by
the Resolution (attached and incorporated herein as Exhibit A), as may be amended, upon
application of a site development plan or building permit. The County shall remit said
fees to the Fire District within thirty (30) calendar days of the end of each quarter.
2. ADMINISTRATIVE CHARGES.
The County shall pass through one hundred percent (100%) of the Plan Review Fees
collected on behalf of the Fire District and shall not retain or withhold any of the Fees for
the County's own benefit.
3. COMPLIANCE WITH LAWS.
The Parties shall comply with all applicable federal, state, and local laws, ordinances,
rules and regulations, the federal and state constitutions, and orders and decrees of any
lawful authorities having jurisdiction over the matter at issue.
4. INDEMNIFICATION.
The Parties shall be fully responsible for their own acts of negligence and their respective
agents' acts of negligence, when such agents are acting within the scope of their
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employment; and shall be liable for any damages resulting from said negligence to the
extent permitted by Section 768.28, Florida Statutes. Nothing herein is intended to serve
as a waiver of sovereign immunity by either Party. Nothing herein shall be construed as
consent by either Party to be sued by third Parties in any matter arising out of this
Agreement.
5. PUBLIC RECORDS.
The Parties acknowledge that information sent or received pursuant to this Agreement
may be public records in accordance with Chapter 119, Florida Statutes. The Parties
agree that each will implement policies, procedures to maintain, produce, secure, and
retain public records in accordance with applicable laws, regulations and policies of the
Parties. Only fees allowed by Section 119.07, Florida Statutes, and policies of the Parties
for locating and producing public records, may be charged.
6. ASSIGNMENTS.
No Party shall assign its responsibility under this Agreement to another party without
prior written approval of the other Party.
7. TERM AND TERMINATION.
A. The term of this Agreement shall commence on the Effective Date and shall remain in
effect until September 30, 2024 unless earlier terminated as provided for herein.
B. Either Party may cancel this Agreement with or without cause, by giving thirty (30)
business days, excluding County holidays, prior written notice. Notice shall be delivered
in accordance with Section 12, Notices.
C. This Agreement may be renewed pursuant to such terms as all Parties may agree upon in
writing. If all Parties agree, the Parties shall execute an amendment to this Agreement.
D. In the event this Agreement is terminated, each Party shall be solely responsible for the
payment of any expenses it has incurred.
8. AMENDMENTS.
This Agreement may be modified or amended only by a document in writing executed by
the Parties with the same formality of this Agreement.
9. DISPUTE RESOLUTION.
The Parties will attempt to negotiate any disputes which may arise during the term of this
Agreement. Should disagreements arise on the interpretation of the provisions of this
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Agreement, or amendments and/or revisions thereto, that cannot be resolved at the
operating level, the area(s) of disagreement shall be stated in writing by each Party and
presented to the other Parties for consideration. If no agreement can be reached, any Party
may invoke Section 7, Term and Termination.
10. APPLICABLE LAW AND VENUE.
This Agreement shall be governed by and construed in accordance with the laws of the
State of Florida (without regard to principles of conflicts of laws). The Parties agree that
all actions or proceedings arising in connection with this Agreement shall be tried and
litigated exclusively in the state or federal (if permitted by law and a Party elects to file
an action in federal court) courts located in or for Pinellas County, Florida. This choice of
venue is intended by the Parties to be mandatory and not permissive in nature, and to
preclude the possibility of litigation between the Parties with respect to, or arising out of,
this Agreement in any jurisdiction other than that specified in this Section. Each Party
waives any right it may have to assert the doctrine of forum non conveniens or similar
doctrine or to object to venue with respect to any proceeding brought in accordance with
this Section.
11. SEVERABILITY.
The terms and conditions of the Agreement shall be deemed to be severable.
Consequently, if any clause, term, or condition hereof shall be held to be illegal or void,
such determination shall not affect the validity or legality of the remaining terms and
conditions, and notwithstanding any such determination, this Agreement shall continue in
full force and effect, unless the particular clause, term, or condition held to be illegal or
void renders the balance of the Agreement impossible to perform.
12. NOTICES.
Unless and to the extent otherwise provided in this Agreement, all notices, demands,
requests for approvals and other communications which are required to be given by one
Party to another shall be in writing and shall be deemed given and delivered on the date
delivered by registered or certified mail, postage prepaid, return receipt requested to the
address provided below, or upon the date delivered by overnight courier (signature
required) to the address provided below.
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For the Fire District:
For the County:
CONTACT NAME
TITLE
ADDRESS
CITY, STATE ZIP
Evelyn Spencer
Building Official
440 Court Street
Clearwater, FL 33736
13. NO PLEDGE OF AD VALOREM TAXES.
The Parties agree that this Agreement does not constitute a general indebtedness of any
Party within the meaning of any constitutional, statutory, or charter provision or
limitation and it is expressly agreed by the Parties that no Party shall ever have the right
to require or compel the exercise of ad valorem taxing power of another Party or taxation
of any real or personal property therein for the payment of any monetary obligations due
under the terms of this Agreement.
14. NO THIRD PARTY BENEFICIARY.
The Parties hereto acknowledge and agree that there are no third party beneficiaries to
this Agreement. Persons or entities not a party to this Agreement may not claim any
benefit from this Agreement or as third party beneficiaries hereto.
15. NON-EXCLUSIVE AGREEMENT.
This is a non-exclusive agreement. During the term of this Agreement, and any
extensions thereof, the County reserves the right to contract with other entities for similar
services, as each may determine necessary in their sole discretion.
16. RELATIONSHIP OF THE PARTIES.
Each Party is and shall remain an independent and separate entity from the other Party.
At no time shall an employee or agent of one (1) Party be deemed to be an employee or
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agent of the other Party.
17. ENTIRE AGREEMENT.
This Agreement reflects the full and complete agreement among the Parties and
supersedes all prior or contemporaneous agreements (whether oral or written) between
them.
IN WITNESS WHEREOF, the Parties herein have executed this Agreement as of the
day and year first above written.
Pinellas County Fire District Name
Barry Burton, County Administrator
Name
Date Title
APPROVED AS TO FORM
By:
Date
Office of the County Attorney Signature
Print Name
Title
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INTERLOCAL AGREEMENT
CITY OF CLEARWATER SIGNATURE PAGE
CITY OF CLEARWATER
•
•
Jon Jennings
City Manager
Approved as to form:
Owen Kohler
Lead Assistant City Attorney
Attest:
LAU-ntahu 0
Rosemarie Call
City Clerk
EXHIBIT A
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EXHIBIT A
THE CODE OF ORDINANCES, CITY OF CLEARWATER, FLORIDA
APPENDIX A - SCHEDULE OF FEES, RATES AND CHARGES
VIII. FIRE AND LIFE SAFETY INSPECTION/PERMIT FEES:
(1) Preliminary site plans, each $200.00
(2) New construction/renovations plan review, per sq. ft. 0.04
(3) 3rd plan review 100.00
Plus per sq. ft. 0.04
(4) Fire protection sprinkler systems (all), per sq. ft. 0.04
(5) Underground fire line, each 100.00
(6) Armovers or add head to existing sprinkled spaces, per head 1.00
Minimum 50.00
(7) Standpipe systems, each 100.00
(8) Fire pump each for review, inspection and acceptance test 250.00
(9) Fire alarm and detection systems (all) per sq. ft. 0.04
Per panel 50.00
(10) pre-engineered fire suppression fixed systems (all) or hood systems (all) 75.00
(11) Renovation inspection 50.00
(12) Hotwork: Commercial roofing, welding, cutting, thermite welding, braising, soldering,
grinding thermal spraying 100.00
(13) Certificate of occupancy inspection 50.00
(14) Red tag fee (failed permit inspection) 50.00
(15) Trench digging permit 200.00
(16) Change of occupancy inspection 50.00
(17) Flammable/combustible liquids storage 50.00
(18) Tank removal or tank installation, each 60.00
(19) LP storage cylinders 50.00
(20) Fireworks display 150.00
(21) Tent permit and inspection 150.00
(22) ALF's, per floor 50.00
(23) Nursing homes, per floor 50.00
(24) Hospitals, per floor 50.00
(25) Group homes, per floor 50.00
(26) Foster homes, per floor 50.00
(27) Disaster plan review, each 50.00
(28) Daycare, per floor 50.00
(29) Occupational license inspection 50.00
(30) Periodic inspection No Charge
(31) Follow-up re -inspection No Charge
(32) 1st re -inspection less than 80,000 sq. ft. 50.00
(33) Subsequent re -inspection less than 80,000 sq. ft. 100.00
(34) Re -inspection over 80,000 sq. ft 100.00
(35) Subsequent re -inspection over 80,000 sq. ft 200.00
(36) Licensure of facilities inspection 50.00
(37) Fire watch (per person per hour) 43.00
(38) Fire watch apparatus usage (per apparatus per hour) 150.00