HomeMy WebLinkAboutIRC Emergency Services DistrictINTERLOCAL AGREEMENT BETWEEN THE INDIAN RIVER
COUNTY EMERGENCY SERVICES DISTRICT AND THE CITY OF
SEBASTIAN REGARDING THE PROVISION OF FIRESAFETY
PLANS REVIEW AND INSTALLATION INSPECTION SERVICES
THIS INTERLOCAL AGREEMENT (the "Agreement"), made and entered into this
13th day of August, 2019, between the Indian River County Emergency Services District, a
dependent special taxing district (the "District") and the City of Sebastian, a municipal corporation
created pursuant to the laws of the State of Florida (the "City"), provides for the City's Fire Marshal
Office to review firesafety plans and installation inspection services.
WITNESSETH:
WHEREAS, on November 27, 1990, the Board of County Commissioners adopted IRC
Ordinance No. 90-25, abolishing the three existing fire districts and establishing the consolidated
Indian River County Emergency Services District, as a dependent special district, subsequently
approved by a majority of voters of the district on March 12, 1991 and codified in Chapter 208 of
the Code of Indian River County; and
WHEREAS, on March 14, 2018, the Sebastian City Council enacted Ordinance No. 2018-
02, establishing the Sebastian Fire Marshal's Office (the "SFPO"); and
WHEREAS, the City and District share a common goal of addressing fire safety issues in
a comprehensive manner; and
WHEREAS, the City and the District are committed to working together to address the
aforementioned concerns without resorting to litigation; and
WHEREAS, in entering into this Agreement, neither the City nor the District is admitting
or denying the positions they have expressed concerning their respective responsibilities as set
forth in the Florida Statutes,
NOW, THEREFORE, in consideration of the mutual undertakings and agreements herein
contained and assumed, and other good and valuable consideration, the receipt and sufficiency of
which are acknowledged by the parties, the District and City agree as follows:
SECTION 1. RECITALS INCORPORATED.
The above recitals are true and correct and are incorporated herein.
SECTION 2. DURATION, TERMINATION, AND MODIFICATION.
(a) This Agreement will remain in full force and effect unless terminated by the parties
pursuant to the procedure set forth in subsection 2(b);
(b) This Agreement shall be in effect from the date it is fully executed until September
30, 2029. Should neither party notify the other of its desire to terminate this Agreement at least 90
days prior but not more than 180 days prior, this Agreement shall automatically renew through
September 30, 2039. This Agreement may be terminated by the City or District, only for good
INTERLOCAL AGREEMENT (Fire Inspection Services):
Indian River County Emere_encv Services District & City of Sebastian
Page 2 of 6
cause shown, upon ninety (90) days notice to the other party. Written notice of proposed
termination shall be provided in accordance with Section 4 below, detailing the good cause alleged.
The parties agree that they will meet -and -confer, in good faith, to address the concerns of the other
party prior to any official action being taken to either governing body.
(c) This Agreement maybe modified at anytime by the mutual consent of the parties and
in the same manner as its original adoption.
SECTION 3. DUTIES AND RESPONSIBILITIES OF THE CITY
(a) Services: Except for those buildings owned, occupied or leased by
Indian River County, the District, the Solid Waste Disposal District
or any constitutional officers, the City shall perform firesafety plan
review and installation inspection services within the City of
Sebastian, including fire sprinkler, fire alarm, hood suppression,
commercial mechanical, LP gas, medical gas, and other similar
reviews and inspections. Except for those buildings owned or leased
by Indian River County, the District, the Solid Waste Disposal
District or any constitutional officers, the City shall also be
responsible for all inspections performed after the issuance of a
certificate of occupancy. The City shall also be responsible for
inspections for special events and provide a copy of all inspection
reports and corrective actions taken to the District pursuant to Section
3(f) infra.
(b) Insurance: On or before October 1 of each fiscal year the City shall
transmit to District a certificate of coverage naming the District as
additional covered party on its general liability insurance policy with
respect to the SFPO plan review and installation inspection services
in an amount of not less than One Million Dollars ($1,000,000) per
occurrence/aggregate.
(c) Certifications: All individuals providing firesafety plan review and
installation inspection services on behalf of SFPO shall be licensed
and/or certified in accordance with the requirements prescribed in
Section 633.216 F.S., as amended and by the rules and regulations
promulgated by the State Fire Marshal.
(d) Experience: All newly hired individuals providing firesafety plan
review and installation inspection services on behalf of SFPO shall
have at least five years of experience in performing firesafety plan
review and installation inspection services. Otherwise, the City shall
have at least one individual providing firesafety plan review and
installation inspection services on behalf of SFPO who has at least
INTERLOCAL AGREEMENT (Fire Inspection Services):
Indian River Countv Emergencv Services District &City of Sebastian
Page 3 of 6
one year of experience in performing firesafety plan review and
installation inspection services.
(e) Concurrent Jurisdiction: Nothing in this Agreement deprives the
Fire District from jurisdiction to enforce the Florida Fire Prevention
Code, as amended, within the City of Sebastian; however, the District
will not take enforcement action unless: (1) the District first contacts
the City's Fire Marshal to confer regarding the enforcement action
intended; or (2) a violation is observed which puts life or property in
imminent danger, in such case as enforcement action may be taken,
with the City's Fire Marshal being contacted immediately thereafter.
(f) Segregation of Duties: The individual performing the firesafety plan
review and installation inspection services on behalf of SFPO on new
construction plans shall not be the same individual proving Building
Official plan review and inspection services on behalf of the City.
(g) Reports: The City will provide a report to the Fire Chief and
Director of the District, on a quarterly basis, of the annual fire safety
inspections performed, consistent with the requirements of Section
208.09(a) of the Indian River County Code.
SECTION 4. NOTICE.
(a) Unless specified by a party in writing otherwise, all notices, demands, or other
papers required to be given or made by this Agreement, or which may be given or made, by either
party to the other, will be given or made in writing and addressed as follows:
Com: City Manager
City of Sebastian
1225 Main Street
Sebastian, FL 32958
with a copy to the City Attorney
County: County Administrator
180127 th Street
Vero Beach, Florida 32960-3365
with a copy to the County Attorney
The parties will consider notice to be properly given if (1) personally delivered; (2) sent by certified
U.S. Mail, return receipt requested; or (3) sent by an overnight letter delivery company; and
(b) The parties will consider the effective date of notice to be the date personally
delivered; or, if sent by U.S. Mail, the date of postmark; or, if sent by an overnight letter delivery
INTERLOCAL AGREEMENT (Fire Inspection Services):
Indian River Countv Emereencv Services District &City of Sebastian
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company, the date the notice was picked up by the overnight letter delivery company from the
party giving notice.
SECTION 5. INDEMNIFICATION, HOLD HARMLESS
To the extent permitted by law and subject to the limitations of Section 768.28, Florida
Statutes and any subsequent revisions thereto, the City agrees to indemnify, defend and hold
harmless the District and respective elected officials, officers, and employees against any claim,
action, loss, damage, injury, liability, cost or expense, including, but not by way of limitation,
reasonable attorneys' fees and court costs, arising out of injury to persons, including but not limited
to death, or damage to property caused by, directly or indirectly, in whole or in part, the negligence
of the City, in connection with this Agreement. This Agreement does not provide third parties
with any remedy, claim, liability, reimbursement, cause of action, or other right or privilege.
SECTION 6. IMMUNITY.
Nothing contained herein or in any instruments executed pursuant to this Agreement shall
be construed as a waiver or attempted waiver by the District or the City of their sovereign immunity
as it presently exists under the Florida Constitution and the laws of the State of Florida.
SECTION 7. BUSINESS RELATIONSHIP.
The City and the District are not partners or joint ventures or agents of each other for any
activities pursuant to this Agreement, and no such relationship between them shall be deemed to
exist by virtue of this Agreement.
SECTION 8. CONSTRUCTION.
The headings of the sections of this Agreement are for the purpose of convenience only,
and shall not be deemed to expand, limit, or modify the provisions contained in such Sections. All
pronouns and any variations thereof shall be deemed to refer to the masculine, feminine or neuter,
singular or plural, as the identity of the party or parties may require. The parties hereby
acknowledge and agree that each was properly represented by counsel and this Agreement was
negotiated and drafted at arm's length so that the judicial rule of construction to the effect that a
legal document shall be construed against the draftsperson shall be inapplicable to this Agreement.
SECTION 9. MERGER; MODIFICATION.
This Agreement incorporates and includes all prior and contemporaneous negotiations,
correspondence, conversations, agreements or understandings applicable to the matters contained
herein and the parties agree that there are no commitments, agreements, or understandings of any
nature whatsoever concerning the subject matter of the Agreement that are not contained in this
document. Accordingly, it is agreed that no deviation from the terms hereof shall be predicated
upon any prior or contemporaneous representations or agreements, whether oral or written, unless
the provisions of the parol evidence rule applies.
INTERLOCAL AGREEMENT (Fire Inspection Services):
Indian River Countv Emergencv Services District & City of Sebastian
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SECTION 10. GOVERNING LAW, VENUE.
This Agreement, including all attachments hereto, shall be construed according to the laws
of the State of Florida. Venue for any lawsuit brought by either party against the other party or
otherwise arising out of this Agreement shall be in Indian River County, Florida, or, in the event
of federal jurisdiction, in the United States District Court for the Southern District of Florida.
SECTION 11. CONFLICT.
To the extent of any conflict between this Agreement and any existing City or District
agreement, this Agreement will be deemed to be controlling. This Agreement is not intended to
amend or repeal any existing City or Indian River County ordinance.
SECTION 12. SEVERABILITY.
If any section, subsection, sentence, clause, phrase or portion of this Agreement is, for any
reason, held invalid or unconstitutional by any court of competent jurisdiction, such section,
subsection, sentence, clause, phrase, or portion shall be deemed a separate, distinct, and
independent provision and such holding shall not affect the validity of the remaining portions of
this Agreement.
SECTION 13. RECORDATION.
This Agreement shall be recorded in the Office of the Circuit Court in Indian River County.
The City and the District shall share evenly in the costs of recordation of this Agreement.
SECTION 14. EFFECTIVE DATE.
This Agreement will become effective upon its filing with the Clerk of the Circuit Court of
Indian River County, Florida, as required by Section 163.01 (11), Florida Statutes.
INTERLOCAL AGREEMENT (Fire Inspection Services):
Indian River Countv Emere_ encv_ Services District &City of Sebastian
Page 6 of 6
APPROVED this 13th day of August, 2019.
INDIAN RIVER COUNTY EMERGENCY CITY OF SEBASTIAN, a municipal
�FLRVICES DISTRICT, a dependent special corporation and pyljtAal subdivision of the
taadistrict. State of Florida / ��
l �.� By:
SOLARI, Chairman JIM
Jeffrey R. Smith,
Clerk of Court and Comptroller
By:
to
Jason
Approved
/J
Deputy Clerk
County Administrator
form and legal sufficiency
By: _
Dylan Reingold, County Attorney
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ATTEST: Jeanette Williams
City Clerk y p'
By:�:UY1X
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APPROV
By:
7/
aul Carlisle, City Ma$ager .
Approved as to form and legal sufficiencj% ------
By:
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By: <—��
Jamtokes, City Attorney