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Home My WebLink About2023-147A TRUE COPY CERTIFICATION ON LAST PAGE RYAN L. BUTLER, CLERK INTERLOCAL AGREEMENT BETWEEN INDIAN RIVER COUNTY AND THE TOWN OF INDIAN RIVER SHORES FOR THE SHARED USE OF GIS, GEOCODING AND BUILDING PERMITTING INFORMATION Au ust THIS INTERLOCAL AGREEMENT is made and entered into on this Is t day, 223, by and between the Indian River County Board of County Commissioners, a political subdivision of the State of Florida (hereinafter, "COUNTY") and the Town of Indian River Shores, a municipal corporation of the State of Florida (hereinafter, "TOWN"), both of which understand and agree as follows: WHEREAS, Indian River County and the Town of Indian River Shores have legal authority to perform general government services within their respective jurisdictions; and WHEREAS, the Town of Indian River Shores desires and requests Indian River County to allow it access to COUNTY's ArcGIS Enterprise Portal REST services for address and parcel data, to provide up to date parcel address information and map services; and WHEREAS, Indian River County is willing and able to provide such access and services, subject to the terms and conditions set forth herein; and WHEREAS, Indian River County desires and requests the Town of Indian River Shores to provide COUNTY direct access to the Building Permit and Building Permit Certificate of Occupancy data through the Building Department software vendor, identified herein; and WHEREAS, the Town of Indian River Shores is willing and able to provide such access and services, subject to the terms and conditions set forth herein; and Page 1 of 6 A TRUE COPY CERTIFICATION ON LAST PAGE RYAN L. BUTLER, CLERK WHEREAS, pursuant to Section 163.01, Florida Statutes, the Parties are authorized to enter into Interlocal Agreements; NOW THEREFORE, in consideration of the mutual covenants and obligations contained herein, Indian River County and the Town of Indian River Shores hereby agree as follows: 1. PURPOSE. Pursuant to Section 163.01, Florida Statutes, the purpose of this Agreement is to establish the duties, responsibilities, and permissions of the Parties, as well as the procedures whereby COUNTY and TOWN will share information and provide mutual access for the purpose of issuing, monitoring, and enforcing building permits within the Town of Indian River Shores. 2. At all times relevant to this Agreement, TOWN's software vendor shall remain the South Central Planning and Development Commission (SCPDC), a regional planning commission and political subdivision of the State of Louisiana and doing business as "mygovernmentonline.com". TOWN and SCPDC are parties to an intergovernmental agreement to provide permitting services to the TOWN. 3. COUNTY will allow use of the same GIS service and data currently in use by the City of Sebastian by the Town's Building Department software vendor (SCPDC) or if needed a new service will be provided with existing GIS fields of data as identified by the TOWN. 4. The TOWN will provide the following Building Permit and Building Permit Certificate of Occupancy data to the COUNTY: a. Reports through the TOWN's software vendor (SCPDC) reporting interface; and b. Reports through a custom .NET API web service to be developed by SCPDC. Page 2 of 6 A TRUE COPY CERTIFICATION ON LAST PAGE RYAN L. BUTLER, CLERK 5. The data provided pursuant to paragraph 4 must be in tabular format, with each data item provided in a separate database field or column. Permit data must be selectable by permit type and date range. 6. The data export will be used by the COUNTY's GIS program, Utilities Department, Solid Waste Disposal District, and the Indian River County Property Appraiser's office. Data will be made available to other COUNTY departments or constitutional officers as the need is determined. 7. REPRESENTATIVES OF THE PARTIES. The Parties hereby designate the following (or their respective designees) as their duly authorized representatives responsible for the implementation of this Agreement, including establishment of specific procedures and processes to facilitate the purpose and intent: John A. Titkanich, Jr. James Harpring County Administrator Town Manager Indian River County Town of Indian River Shores 180127th Street 6001 Highway A1A Vero Beach, FL 32960 Indian River Shores, FL 32963 8. MODIFICATION. This Agreement may not be modified unless such modifications are in the form of a written amendment, executed by both Parties. 9. TERMINATION. This Agreement shall remain in effect unless terminated by either party. This Agreement may be terminated by either party without cause upon ninety (90) Days written notice to the other party. The Parties further agree that: a. Upon termination, TOWN releases COUNTY of any liability whatsoever regarding the provision of this Agreement. Page 3 of 6 A TRUE COPY CERTIFICATION ON LAST PAGE RYAN L. BUTLER, CLERK b. Upon termination, COUNTY releases TOWN of any liability whatsoever regarding the provision of this Agreement. c. The termination of this Agreement does not terminate any other agreements in place between the TOWN and the COUNTY. 10. EXPENSES. Each of the TOWN and the COUNTY shall bear their own costs associated with fulfilling the terms of this Agreement. 11. LIABILITY. The Parties, their respective elected officials, officers, and employees shall not be deemed to assume any liability for the acts, omissions, or negligence of the other party: a. TOWN, as a subdivision of the State of Florida and pursuant to Section 768.28, Florida Statutes, agrees to be fully responsible for its own negligent acts or omissions or tortuous acts which result in claims or suits against COUNTY and agrees to be fully liable for any damages proximately caused by said acts or omissions. b. COUNTY, as a subdivision of the State of Florida and pursuant to Section 768.28, Florida Statutes, agrees to be fully responsible for its negligent acts or omissions or tortuous acts which result in claims or suits against TOWN agrees to be fully liable for any damages proximately caused by said acts or omissions. Nothing herein is intended to serve as a waiver of sovereign immunity by TOWN or by COUNTY, nothing herein shall be construed to create any indemnification by one party of another, and nothing herein shall be construed as consent by TOWN or COUNTY to be sued by third parties in any matter arising out of this Agreement. Page 4 of 6 A TRUE COPY CERTIFICATION ON LAST PAGE RYAN L. BUTLER, CLERK 12. CLAIMS. Each Party agrees to notify the other Party, in writing, within five (5) business days of its receipt or knowledge of any claims or pending claims arising out of the performance of the services rendered hereunder. 13. SEVERABILITY. If any part of this Agreement is found invalid or unenforceable by any court, such invalidity or unenforceability, or the occurrence of any event rendering any portion or provision of this Agreement void, shall not be deemed to affect the validity and enforceability of any other parts of the Agreement. 14. ASSIGNMENT. This Agreement shall be binding on the Parties, their representatives, successors and assigns, and any interest herein shall not be assigned, transferred, or otherwise encumbered, under any circumstances, by either party, without the prior written consent of the Parties; specifically, no duty or responsibility of the Parties shall be assigned or contracted to a third party, whether a public or private entity, unless the Parties first modify this Agreement to set forth the duties of said third party. 15. APPLICABLE LAW. This Agreement shall be construed, controlled and interpreted according to the laws of the State of Florida. The parties agree that any action relating to this Agreement shall be instituted and prosecuted in the courts of Indian River County, Florida, and therefore, each party to this Agreement hereby waives the right to any change of venue. 16. ENTIRETY OF AGREEMENT. This Agreement sets forth the entire agreement between the Parties and that there are no promises or understands other than those stated herein. 17. EXECUTION. This Agreement shall be executed in duplicate, with each fully executed copy treated as an original. Page 5 of 6 STATE OF FLORIDA INDIAN RIVER COUNTY THIS IS TO CERTIFY THAT THIS IS A TRUE AND CORRECT COPY OF THE ORIGINAL ON FILE IN THIS OFFICE. RYAN L DIM Cc Q my courri�.,, BY 1t18. EFFECTIVE DATE. This Agreement shall become effective L ,1o dial approv@ft' `.`:,' DATE_ Q/ 0/ X023 the Board of County Commissioners and the Town Council. IN WITNESS WHEREOF, the Parties hereto have made and executed this Agreement on the respective dates stated. • y0^�F." �s BOARD OF COUNTY COMMIS SJ@�VE ;:TOWN OF INDIAN RIVER SHORES INDIAN RIVER COUNTY, FLORI�'I� Chairman Joseh armari i i�'Ma or Brian T Foley Y Y ATTEST: Ryan L. Butler, Clerk ATTEST Of Court and Comptroller By: Deputy Clerk Dated: AuRus t 1, 2023 Approved as to Form and Le al S ffici y: 7 By: William K. DeBraal County Attorney Janice C. Rutan, Clerk of Town of Indian River Shores Byl Town Jerk Dated: Appro By: Petdr Swe ney Town Atto ney Page 6 of 6 and Legal Sufficiency