Res 2019-121 Interlocal Agreement with Palm Beach County for Building Permit ServicesRESOLUTION 2019-121
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH
PALM BEACH, FLORIDA, APPROVING AN INTERLOCAL AGREEMENT WITH
PALM BEACH COUNTY FOR BUILDING PERMIT SERVICES WITHIN THE C-17
CANAL RIGHT-OF-WAY WEST OF PROSPERITY FARMS ROAD AND EAST OF
ALTERNATE AIA AND AUTHORIZING THE MAYOR AND VILLAGE CLERK
TO EXECUTE THE AGREEMENT; PROVIDING FOR CONFLICTS; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the C-17 Canal Right -of -Way west of Prosperity Farms Road and east of Alternate A 1 A
is located in unincorporated Palm Beach County; and
WHEREAS, the Village lacks jurisdiction to issue building permits for accessory structures, including,
but not limited to, docks, seawalls and boat lifts, associated with properties located along the north side
of the C-17 Canal Right -of -Way within the Village's corporate limits; and
WHEREAS, the Village and Palm Beach County wish to execute an Interlocal Agreement granting the
Village the authority to accept, process and issue building permits for such accessory structures; and
WHEREAS, the Village Council determines that the adoption of this Resolution is in the interests of
the public health, safety and welfare.
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 and are incorporated herein.
Section 2. The Village Council approves the Interlocal Agreement with Palm Beach County for
Building Permit Services within a portion of the C-17 Canal Right -of -Way located in the
unincorporated area of the County, a copy of which is attached hereto and incorporated herein, and
authorizes the Mayor and Village Clerk to execute the Interlocal Agreement on behalf of the Village.
Section 3. All resolutions or parts of resolutions in conflict with this Resolution are hereby
repealed to the extent of such conflict.
Section 4. This Resolution shall become effective immediately upon adoption.
PASSED AND ADOPTED THIS 24TH DAY OF OCTOBER, 2019.
(Village Seal)
ATTEST:
1
VILLAGE CLERK
v
4AYOR
U�11i DEC 1 7 2M
INTERLOCAL A NI ' N BEr N PALM BEACH COUNTY
AND THE VILLAGE OF NORTH PALM BEACH PROVIDING FOR
BUILDING PERMITTING SERVICES WITHIN A PORTION OF
UNINCORPORATED PALM BEACH COUNTY BY THE VILLAGE
OF NORTH PALM BEACH.
This Interlocal Agreement is entered into this' day of ! , 2019
by and between:
PALM BEACH COUNTY, a political subdivision of the State of
Florida, hereinafter referred to as "COUNTY;"
AND
THE VILLAGE OF NORTH PALM BEACH, a municipal corporation
organized and existing under the laws of the State of Florida, whose
permanent address is 501 U.S. Highway One, North Palm Beach, FL
33408, hereinafter referred to as "VILLAGE." The VILLAGE and
COUNTY are jointly referred to as "parties."
WITNESSETH:
WHEREAS, Section 163.01, Florida Statutes, known as the "Florida Interlocal
Cooperation Act of 1969" authorizes local governments to enter into intergovernmental
agreements to make the most efficient use of their powers by enabling them to cooperate
with other localities on a basis of mutual advantage and thereby to provide services and
facilities that will harmonize geographic, economic, population and other factors
influencing the needs and development of local communities; and
WHEREAS, Section 163.01, Florida Statutes, permits public agencies as defined
therein to enter into interlocal agreements with each other to jointly exercise any power,
privilege, or authority which such agencies share in common and which each might
exercise separately; and
WHEREAS, the health, safety, and welfare of the residents of the COUNTY and
the VILLAGE will best be served by VILLAGE providing building permitting services for
accessory structures within that portion of the C-17 canal right-of-way located in the
COUNTY, where the associated primary structures are located in the VILLAGE, as more
specifically described in Exhibit A and shown in Exhibit B; and
WHEREAS, COUNTY is desirous of contracting with VILLAGE to provide such
building permitting services; and
WHEREAS, this Agreement evidences the intentions of the respective parties to
cooperate with each other in furtherance of the public's interest.
NOW, THEREFORE, in consideration of the mutual obligations and undertakings
described below, the parties do hereby agree as follows:
1. PURPOSE OF AGREEMENT
This Interlocal Agreement is for the purpose of COUNTY contracting with VILLAGE to
provide building permitting services for accessory structures within an unincorporated
area of the COUNTY, as more particularly set forth in the Scope of Work, attached hereto
as Exhibit A.
2. COOPERATION / LIAISON
To facilitate this Interlocal Agreement, including the Scope of Work included in
Exhibit A and the Map of Affected Area included in Exhibit B, (together the "Agreement")
COUNTY's liaison shall provide VILLAGE with any information VILLAGE needs in order
to provide the building permitting services described in Exhibit A when such information
is within the COUNTY's control and when the COUNTY is not otherwise prohibited from
providing such information to the VILLAGE.
COUNTY's liaison during the term of this Agreement is: Palm Beach County
Building Division, Attn: Building Official, 2300 N. Jog Road, West Palm Beach, Florida,
33411, phone: (561) 233-5192. VILLAGE's liaison during the term of this Agreement is:
Village of North Palm Beach Department of Community Development, Attn: Jeremy
Hubsch, Director, 420 U.S. Highway One, Suite 21, North Palm Beach, Florida, 33408,
phone: (561) 841-3369.
3. ADMINISTRATION / IMPLEMENTATION OF AGREEMENT
Rendition of service, standards of performance, discipline of officers and
employees, and other matters incidental to performance of services and control of
personnel shall remain with VILLAGE. This Agreement does not make officers and
employees of VILLAGE agents, employees, or legal representatives of COUNTY, for any
purpose whatsoever, and they are in no way authorized to make any contract, agreement,
warranty, or representation on behalf of COUNTY, or to create any obligation on behalf
of COUNTY.
4. LIABILITY / INDEMNIFICATION
a. Each party shall be liable for its own actions and negligence and, to the extent
permitted by law, COUNTY shall indemnify, defend and hold harmless VILLAGE against
any actions, claims, or damages arising out of COUNTY's negligence in connection with
this Agreement, and VILLAGE shall indemnify, defend and hold harmless COUNTY
against any actions, claims, or damages arising out of VILLAGE's negligence in
connection with this Agreement. The foregoing indemnification shall not constitute a
waiver of sovereign immunity beyond or alter the limits set forth in Section 768.28, Florida
Statutes, nor shall the same be construed to constitute agreement by either party to
indemnify the other party for such other party's, or any third party's, negligent, willful or
intentional acts or omissions.
b. The VILLAGE shall be solely liable for any permit issued pursuant to this
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Agreement. This liability shall survive termination of this Agreement.
5. INSURANCE
COUNTY and VILLAGE are municipal entities or political subdivisions of the State
of Florida subject to the limitations of Section 768.28, Florida Statutes, as amended. Each
shall maintain fiscally prudent liability programs with regard to each party's respective
obligations under this Agreement. Nothing herein shall serve as a waiver of sovereign
immunity. COUNTY and VILLAGE agree that if either contracts with a third -party to
perform any services related to this Agreement, COUNTY or VILLAGE shall require the
following insurance from such third -party:
a. Commercial General Liability with minimum limits of $500,000 per occurrence.
Policy shall be endorsed to include both, "Village of North Palm Beach", and "Palm Beach
County Board of County Commissioners" as Additional Insureds.
b. Workers' Compensation in compliance with Florida Statutes, Chapter 440.
Policy shall include coverage for Employer's Liability.
6. EFFECTIVE DATE / TERM OF AGREEMENT
This Interlocal Agreement shall be in effect from the Effective Date to September
30, 2020, and shall be automatically renewed thereafter on September 30 of each year
for a period of one fiscal year (October 1 to September 30) unless terminated as provided
for in Section 7 herein. The Effective Date is the first date as of which: (1) both the Mayor
of the Palm Beach County Board of County Commissioners and the Mayor of the Village
of North Palm Beach have executed the Agreement; and (2) the Agreement has been
filed with the Clerk, pursuant to Section 19 of this Agreement.
7. TERMINATION
This Agreement may be terminated by either party upon sixty (60) days' written
notice by the terminating party to the other party, with or without cause. The VILLAGE
shall complete processing and issuance of any application for a permit submitted to the
VILLAGE prior to the date of termination of this Agreement.
8. AMENDMENTS
This Agreement may be amended only by written document fully executed by both
parties and formal action of the Board of County Commissioners of COUNTY and the
Village Council of VILLAGE.
9. LEVEL OF SERVICE
The level of service provided by VILLAGE pursuant to this Agreement shall be the
same level of service provided by VILLAGE for its incorporated area.
10. NOTICE
All notices required to be given under this Agreement shall be deemed sufficient
to each party when delivered by United States Mail to the following:
COUNTY
THE VILLAGE
Palm Beach County Building Division,
Attn: Building Official
Andrew D. Lukasik, Village Manager
2300 N. Jog Road
501 U.S. Highway One
West Palm Beach, FL 33411
North Palm Beach, FL 33408
With a copy to:
COUNTY
THE VILLAGE
Palm Beach County Attorney's Office
Leonard G. Rubin, Village Attorney
301 N. Olive Avenue
701 Northpoint Parkway, Suite 209
West Palm Beach, FL 33401
West Palm Beach, FL 33407
11. NON-DISCRIMINATION
COUNTY is committed to assuring equal opportunity in the award of contracts and
complies with all laws prohibiting discrimination. Pursuant to Palm Beach County
Resolution R2017-1770, as may be amended, the VILLAGE warrants and represents that
throughout the term of this Agreement, including any renewals thereof, if applicable, all of
its employees are treated equally during employment without regard to race, color,
religion, disability, sex, age, national origin, ancestry, marital status, familial status, sexual
orientation, gender identity or expression, or genetic information. Failure to meet this
requirement shall be considered default of this Agreement.
12. INSPECTOR GENERAL
Notwithstanding any other provision in this Agreement, all documents, records,
reports and any other materials produced hereunder shall be subject to disclosure,
inspection and audit, pursuant to the Palm Beach County Office of the Inspector General,
Palm Beach County Code, Sections 2-421 - 2-440, as amended.
Palm Beach County has established the Office of the Inspector General in Palm
Beach County Code, Section 2-421 - 2-440, as may be amended. The Inspector
General's authority includes but is not limited to the power to review past, present and
proposed COUNTY contracts, transactions, accounts and records, to require the
production of records, and to audit, investigate, monitor, and inspect the activities of
VILLAGE, its officers, agents, employees, and lobbyists in order to ensure compliance
with contract requirements and detect corruption and fraud.
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Failure to cooperate with the Inspector General or interfering with or impeding any
investigation shall be in violation of Palm Beach County Code, Section 2-421 - 2-440, and
punished pursuant to Section 125.69, Florida Statutes, in the same manner as a second-
degree misdemeanor.
13. PUBLIC RECORDS
Notwithstanding anything contained herein, as provided under Section 119.0701, Florida
Statutes, if the VILLAGE: (i) provides a service; and (ii) acts on behalf of COUNTY as
provided under Section 119.011(2), Florida Statutes, VILLAGE shall comply with the
requirements of Section 119.0701, Florida Statutes, as it may be amended from time to
time. The VILLAGE is specifically required to:
A. Keep and maintain public records required by COUNTY to perform services
as provided under this Agreement.
B. Upon request from COUNTY's Custodian of Public Records, provide the
COUNTY with a copy of the requested records or allow the records to be
inspected or copied within a reasonable time at a cost that does not exceed
the cost provided in Chapter 119, Florida Statutes, or as otherwise provided
by law. VILLAGE further agrees that all fees, charges and expenses shall
be determined in accordance with Palm Beach County PPM CW -F-002,
Fees Associated with Public Records Requests, as it may be amended or
replaced from time to time.
C. Ensure that public records that are exempt, or confidential and exempt from
public records disclosure requirements are not disclosed except as
authorized by law for the duration of the Agreement term and following
termination of the Agreement, if VILLAGE does not transfer the records to
COUNTY.
D. Upon termination of the Agreement, VILLAGE shall transfer, at no cost to
COUNTY, all public records in possession of VILLAGE unless notified by
COUNTY's representative/liaison, on behalf of COUNTY's Custodian of
Public Records, to keep and maintain public records required by COUNTY
to perform the service. If VILLAGE transfers all public records to COUNTY
upon termination of the Agreement, VILLAGE shall destroy any duplicate
public records that are exempt, or confidential and exempt from public
records disclosure requirements. If VILLAGE keeps and maintains public
records upon termination of the Agreement, VILLAGE shall meet all
applicable requirements for retaining public records. All records stored
electronically by VILLAGE must be provided to COUNTY, upon request of
COUNTY's Custodian of Public Records, in a format that is compatible with
the information technology systems of COUNTY, at no cost to COUNTY.
Failure of VILLAGE to comply with the requirements of this Section 13 shall be a material
breach of this Agreement. COUNTY shall have the right to exercise any and all remedies
available to it, including, but not limited to, the right to terminate for cause. VILLAGE
acknowledges that it has familiarized itself with the requirements of Chapter 119, Florida
Statutes, and other requirements of state law applicable to public records not specifically
set forth herein.
IF VILLAGE HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119,
FLORIDA STATUTES, TO VILLAGE'S DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THIS AGREEMENT, PLEASE CONTACT THE CUSTODIAN OF
PUBLIC RECORDS AT RECORDS REQUEST, PALM BEACH COUNTY PUBLIC
AFFAIRS DEPARTMENT, 301 N. OLIVE AVENUE, WEST PALM BEACH, FL 33401,
BY E-MAIL AT RECORDS REQUEST(a)-PBCGOV.ORG OR BY TELEPHONE AT 561-
355-6680.
14. DELEGATION OF DUTY
Nothing contained herein shall be deemed to authorize the delegation of the
constitutional or statutory duties of COUNTY or VILLAGE officers.
15. ANNUAL APPROPRIATION
Each party's performance and obligation to pay under this Agreement is contingent
upon an annual budgetary appropriation by its respective governing body for subsequent
fiscal years.
16. PAYMENT FOR SERVICES
VILLAGE shall collect all Building Permit Fees from applicants submitting
applications to VILLAGE for building permit services described in Exhibit A. Such fees
shall serve as full and complete payment for VILLAGE'S services.
17. REMEDIES
This Agreement shall be construed and governed by the laws of the State of
Florida. Any and all legal action necessary to enforce this Agreement shall be filed in Palm
Beach County, Florida. No remedy herein conferred upon any party is intended to be
exclusive of any other remedy, and each and every such remedy shall be cumulative and
shall be in addition to every other remedy given hereunder or now or hereafter existing at
law or in equity, by statute or otherwise. No single or partial exercise by any party of any
right, power, or remedy hereunder shall preclude any other or further exercise thereof.
18. EXECUTION OF AGREEMENT
This Agreement may be executed in two (2) or more counterparts, each of which
shall be deemed an original. All of which shall constitute one (1) and the same instrument.
C.
19. FILING
A copy of this Agreement shall be filed by COUNTY with the Clerk of the Circuit
Court in and for Palm Beach County, Florida.
20. ENFORCEMENT COSTS
Any costs or expenses (including reasonable attorney's fees) associated with the
enforcement of the terms and/or conditions of this Agreement shall be borne by the
respective parties, provided, however, that this clause pertains only to the parties to this
Agreement.
21. ENTIRE AGREEMENT
This Agreement represents the entire understanding and agreement between the
parties with respect to the matter hereof.
22. JOINT PREPARATION
The preparation of this Agreement has been a joint effort of the parties, and the
resulting document shall not be construed more severely against one of the parties than
the other.
23. BINDING EFFECT
All of the terms and provisions of this Agreement shall be binding upon, inure to
the benefit of, and be enforceable by the parties and their respective legal
representatives, successors and permitted assigns.
24. ASSIGNABILITY
The responsibility for carrying out any responsibility assumed by any party to this
Agreement may not be assigned.
25. NO THIRD -PARTY BENEFICIARY
No provision of this Agreement is intended to, or shall be construed to, create any
third -party beneficiary or to provide any rights to any person or entity not a party to this
Agreement, including but not limited to any citizen or employee of COUNTY and/or
VILLAGE.
26. SEVERABILITY
If any part of this Agreement is contrary to, prohibited by or deemed invalid under
applicable law or regulation, such provision shall be inapplicable and omitted to the extent
so contrary, prohibited or invalid, but the remainder hereof shall not be invalidated thereby
and shall be given full force and effect.
IN WITNESS THEREOF, PALM BEACH COUNTY, Florida, has caused this
Interlocal Agreement to be executed by the Mayor of its Board of County Commissioners
and the seal of said Board to be affixed to and attested to by the Clerk of said Board,
pursuant to authority granted by said Board; and the VILLAGE OF NORTH PALM
BEACH, Florida, has caused this Interlocal Agreement to be executed in its corporate
name by its Mayor and its corporate seal to be affixed hereto, attested by the VILLAGE's
Clerk, the date and year first written above.
PALM BEACH COUNTY, FLORIDA,
a political subdivision of the State of Florida
Attest:
SHARON R. BOCK-' `�'�...... CU`
Clerk & Comptrofl�r
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Deputy(
APPROVED AS
AND LEGAL SUFFINEk,(,�?�......
N / a - -
�s Vt o Attorney
VILLAGE OF NORTH PALM BEACH,
a Florida municipal corporation
Attest:
Village le
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY:
Y
Village Attorney
R2019 1906
DEC 1 7 2019
BOARD OF COUNTY COMMISSIONERS
Mayor Dave Kerner
APPROVED AS TO TERMS AND
CONDITIONS:
o
Ramsay J. B eley, Executive Kirector, PZ&B
By_ (AAIL-� J,
M ` or
H ay of el� 2co) (date)
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EXHIBIT A: SCOPE OF WORK
The Village of North Palm Beach Community Development Department shall provide the
following services:
(1) Accept, process, and issue building permits for all accessory structures,
including, but not limited to, docks, seawalls and boat lifts, within the C-17
canal right-of-way (located in the unincorporated portion of COUNTY) for
associated properties within VILLAGE's corporate limits that are located
west of Prosperity Farms Road, East of Alternate AIA, and adjacent to the
North side of the C-17 canal right-of-way (the "Affected Area"), as reflected
in Exhibit B. All such building permits shall be subject to all applicable laws,
ordinances, and regulations, including the Florida Building Code, the Palm
Beach County Unified Land Development Code, and VILLAGE's Code of
Ordinances.
(2) VILLAGE shall comply with all laws, ordinances, and regulations applicable
to the services contemplated herein. VILLAGE is presumed to be familiar
with all federal, state and local laws, ordinances, codes and regulations that
may in any way affect the services provided.
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EXHIBIT B: MAP OF AFFECTED AREA
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EXHIBIT "B"
t) Proposed Interlocal Agreement Area Map
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