2009-11 Interlocal Agreement for Building OfficialRESOLUTION 2009-11
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A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF
NORTH PALM BEACH, FLORIDA APPROVING AN INTERLOCAL
AGREEMENT WITH THE CITY OF PALM BEACH GARDENS TO
PROVIDE INTERIM PLAN REVIEW AND BUILDING OFFICIAL SERVICES
AND AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE
SAME; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, due to the recent termination of the Village's Chief Building Official, the Village
requires assistance with plan review, and building official services on an interim basis; and
WHEREAS, the City of Palm Beach Gardens has agreed to provide the Village with such
assistance until such time as the Village retains the necessary staffto perform such functions in-
house, including the employment of a building official; and
WHEREAS, the Village Council determines that the execution of an Interlocal Agreement with
the City of Palm Beach Gardens to provide such services is in the best interests of the Village
and its residents.
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE
OF NORTH PALM BEACH, FLORIDA as follows:
Section 1. The foregoing recitals are ratified as true and incorporated herein.
Section 2. The Village Council of the Village of North Palm Beach, Florida, hereby
approves the Interlocal Agreement to Provide Building Inspection and Plan Review Services
between the Village and the City of Palm Beach Gardens, a copy of which is attached hereto and
incorporated herein by reference, and authorizes the Mayor and Village Clerk to execute the
Agreement on behalf o f the Village.
Section 3. This resolution shall take effect immediately upon its adoption.
PASSED AND ADOPTED THIS 12th DAY OF FEBRUARY, 2009.
(Village Seal) ~,, ~~~ ~
MAYOR
ATTEST:
VILLAGE CLERK
INTERLOCAL AGREEMENT TO PROVIDE
BUILDING INSPECTION AND PLAN REVIEW SERVICES
THIS AGREEMENT is entered into this 0~~~ day of ~;7 , 2009, by
and between the Village of North Palm Beach, a municipal corporation organized and
existing under the laws of the State of Florida ("Village"), and the City of Palm Beach
Gardens, a municipal corporation organized and existing under the laws of the State of
Florida ("City").
WITNESSETH:
WHEREAS, the Village needs assistance on an interim basis to provide building
services within its corporate limits; and
WHEREAS, the City possesses the necessary personnel and resources to
provide such building services on behalf of the Village; and
WHEREAS, the Village has determined that it is in the best interests of the
health, safety, and welfare of its residents to contract with the City to provide assistance
with building services on an interim basis; and
WHEREAS, Section 163.01, Florida Statutes, allows local government to make
the most efficient use of their powers by enabling them to cooperate with each other on
the basis of mutual advantage and thereby provide services and facilities in a manner
that will best serve the needs of each unit of government.
NOW, THEREFORE, in consideration of the mutual obligations set forth below,
and other good and valuable consideration, the Village and the City agree as follows:
SECTION 1. Recitals.
The foregoing recitals are true and correct and are incorporated herein by this
reference.
SECTION 2. Purpose.
The exclusive purpose of this Interlocal Agreement is to provide the Village with
the expertise and assistance of the City's Building Division for plan review, inspection of
construction projects, and building official services within the Village's corporate limits
on an interim basis until such time the Village has sufficient staffing to provide these
services. At such time, the Village may choose to request limited building services from
the City.
SECTION 3. Definitions,
When used in this Agreement, the following terms shall have the meanings set
forth below:
Building Official means the City of Palm Beach Gardens Building Official or
his/her designee.
Code means the provisions of the Florida Building Code, as it may from time to
time be amended, and any local amendments thereto.
pivision means the City of Palm Beach Gardens Building Division.
Inspector means any licensed building inspector employed by the City.
Permit means a permit issued by the Village for any construction work.
Permitee means any individual, corporation, or other business entity applying for
and/or holding a valid permit.
SECTION 4. Procedure for Submittal of Plans and Issuance of Permits.
4.01 All construction plans shall initially be submitted to the Village by the
Permittee, and the Village shall review the plans for compliance with all
Village ordinances and the Village's Land Development Regulations.
4.02 The City shall review and process the plans for compliance with the Code
and shall determine all necessary subsidiary permits. All permits and
certificates of occupancy shall be approved by the City and issued by the
Village.
4.03 The Village and the City shall work together to formulate a procedure for
the submittal and review of plans, the scheduling of inspections, and the
issuance of permits and certificates of occupancy. This procedure may be
amended as necessary by the mutual agreement of the Village and the
City without the necessity of amending this Agreement.
SECTION 5. Obligations of the Village.
5.01 The Village shall be solely responsible for the enforcement of violations of
the Code by persons engaged in construction within the Village.
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5.02 The Village shall retain primary responsibility for the administration and
processing of all consumer inquiries. The Village shall forward to the
Building Official only those inquiries concerning the plan review and
inspection process, and all others shall remain the responsibility of the
Village.
SECTION 6. Compensation.
As compensation for processing the construction plans and performing building
inspections within the Village, the City shall be compensated at a rate of one and three
fourths (1.75) times the salary of the City's employees assigned to work within the
Village. The City shall keep a timesheet of all employees assigned to the Village and
submit to the Village for review and approval. The Village shall provide full payment to
the City within thirty (30) days of approved timesheets.
SECTION 7. Term.
This Agreement shall be for a term of one hundred eighty (180) days and shall
automatically be renewed for an additional one hundred eighty (180) day term unless
either party gives written notice of its intent not to renew thirty (30) days prior to the
expiration of the applicable term. Notwithstanding the foregoing, either party may
terminate this Agreement for any or no reason with thirty (30) days' written notice.
SECTION 8. Indemnification.
The parties acknowledge that they
the provisions of Section 768.28, Florida
provided therein, the parties agree that e
responsible for any damage caused by
misconduct of its employees or agents.
are both governmental entities governed by
Statutes. Without waiving any provisions
ach will, to the extent permitted by law, be
or arising out of the negligence or willful
SECTION 9. Notices.
All notices required or contemplated by this Agreement shall be in writing and
shall be hand-delivered or mailed certified mail, return receipt requested to the following
addresses:
For the Village:
Village of North Palm Beach
501 US Highway One
North Palm Beach, Florida 33408
Attention: Village Manager
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Copy to:
Leonard G. Rubin, Village Attorney
Glen Torcivia and Associates
701 Northpoint Parkway, Suite 209
West Palm Beach, Florida 33407
For the City:
City of Palm Beach Gardens
10500 North Military Trail
Palm Beach Gardens, Florida 33410
Attention: City Manager
Copy to:
Palm Beach Gardens City Attorney
10500 North Military Trail
Palm Beach Gardens, Florida 33410
Palm Beach Gardens Building Official
10500 North Military Trail
Palm Beach Gardens, Florida 33410
SECTION 10. Miscellaneous Provisions.
10.1 This Agreement shall not be assigned or transferred by either party
without prior written consent.
10.2 All officers and other persons employed by the City and the performance
of the services, functions, and responsibilities described and contemplated
herein are deemed City employees or appointees during the duration of
this Agreement and shall no#, under any circumstances, be considered
employees of the Village.
10.3 This Agreement constitutes the entire understanding of the parties. It may
not be modified or any of its provisions waived unless such modification
and/or waiver is in writing and is agreed to be signed by both parties.
10.4 Nothing contained in this Agreement shall be construed to constitute or
transfer powers in any way whatsoever.
10.5 Should any provision of this Agreement be declared invalid by a Court of
competent jurisdiction, same shall be deemed stricken herefrom, and all
other terms and conditions of this Agreement shall continue in full force
and effect as if such invalid provision had never been a part hereof.
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10.6 This Agreement shall be signed in triplicate and filed for record by the
Village with the Clerk of the Circuit Court of Palm Beach County in
accordance with Section 163.01, Florida Statutes.
IN WITNESS WHEREOF, the parties have executed this Agreement effective on
the date first written above.
ATTEST:
~~
`~
$y.' ~--1
elissa Teal, illage Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
Leonard G. Rubin, Village Attorney
ATTEST:
By:
Patricia Snider, CMC, City Clerk
APPROVED AS TO
LEGAL SUFFICI,EN
By:
Max ~ghman, Interim City Attorney
VILLAGE OF NORTH PALM BEACH, a
Florida municipal corporation
By:
William Manuel, Mayor
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CITY OF PALM BEACH GARDENS, a