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R2021-03 Interlocal Agreement with PBC for Building Permit ServicesRESOLUTION 2021-03 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 FOR A PARCEL OF PROPERTY IMMEDIATELY WEST OF 2231 CANAL ROAD AND AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE THE AGREEMENT; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the owners of 2231 Canal Road, located in unincorporated Palm Beach County, also own a lot immediately to the west of the property located within the Village; and WHEREAS, the property owners wish to construct a dock across the property within the Village; however, the Village lacks the authority to issue a permit for an accessory dock when the primary structure is located in the County; and WHEREAS, the Village and Palm Beach County wish to execute an Interlocal Agreement granting the County the authority to accept, process and issue building permits for such accessory structure; 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 whereby the County would for Building Permit Services within a portion of the Village located immediately west of 2231 Canal Road, 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 All resolutions or parts of resolutions in conflict with this Resolution are hereby repealed to the extent of such conflict.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 14TH DAY OF JANUARY, 2021. (Village Seal) ATTEST: VILLAGE CLERK d � MAYOR R2021 0496 INTERLOCAL AGREEMENT BETWEEN PALM BEACH COUNTY AND THE VILLAGE OF NORTH PALM BEACH PROVIDING FOR BUILDING PERMITTING SERVICES WITHIN A PORTION OF THE VILLAGE OF NORTH PALM BEACH BY PALM BEAAP� ?VyffY. This Interlocal Agreement is entered into this day of UU L , 2020 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 COUNTY providing building permitting services for accessory structures within parcel number 68434205230220000, as shown in Exhibit B; and WHEREAS, VILLAGE is desirous of contracting with COUNTY 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: Page 1 of 11 PURPOSE OF AGREEMENT This Interlocal Agreement is for the purpose of VILLAGE contracting with COUNTY to provide building permitting services for accessory structures within parcel number 68434205230220000, 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") VILLAGE's liaison shall provide COUNTY with any information COUNTY needs in order to provide the building permitting services described in Exhibit A when such information is within the VILLAGE's control and when the VILLAGE is not otherwise prohibited from providing such information to the COUNTY. 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 COUNTY. This Agreement does not make officers and employees of COUNTY agents, employees, or legal representatives of VILLAGE, for any purpose whatsoever, and they are in no way authorized to make any contract, agreement, warranty, or representation on behalf of VILLAGE, or to create any obligation on behalf of VILLAGE. 4. LIABILITY / INDEMNIFICATION 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. Page 2 of 11 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. 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, 2021, 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 COUNTY shall complete processing and issuance of any application for a permit submitted to the COUNTY 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 COUNTY pursuant to this Agreement shall be the same level of service provided by COUNTY for unincorporated Palm Beach County. Page 3 of 11 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. Page 4 of 11 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. Page 5 of 11 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 RECORDSREQUEST(cDPBCGOV.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 COUNTY shall collect all Building Permit Fees from applicants submitting applications to COUNTY for building permit services described in Exhibit A. Such fees shall serve as full and complete payment for COUNTY'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. Page 6 of 11 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 Page 7 of 11 and shall be given full force and effect. 27. E -VERIFY; EMPLOYMENT ELIGIBILITY The parties to this Agreement warrant and represent that each is in compliance with section 448.095, Florida Statutes, as may be amended. No later than January 1, 2021, each party shall: (1) register with and use the E -Verify System (E-Verify.gov), to electronically verify the employment eligibility of all newly hired workers. Either party to this Agreement shall terminate this Agreement if it has a good faith belief that the other party has knowingly violated Section 448.09(1), Florida Statutes, as may be amended. 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. B Clerk & Compt DepuWrle '4.is" .. APPROVED LEGAL SUFFI f FL0RID `O (Pssistant County Attorney R2021 0496 APR 2 0 2021 BOARD OF COUNTY COMMISSIONERS Dave Kerner, Mayor APPROVED AS TO TERMS AND CONDITIONS: Ramsay J. Bulkeley, Executive Director, PZ&B Page 8 of 11 VILLAGE OF NORTH PALM BEACH, a Florida municipal corporation Attest: r Village ROVED AS TO FORM AND LEGAL SUFFICIENCY: f By Village Attorney By Mayor )` ' day of J" r7gel (date) Page 9 of 11 EXHIBIT A: SCOPE OF WORK The Palm Beach County Building Division shall provide the following services: Accept, process, and issue building permits for all accessory structures, including, but not limited to, docks, seawalls and boat lifts, within parcel number 68434205230220000, as reflected in Exhibit B. All such building permits shall be subject to all applicable laws, ordinances, and regulations, including the Florida Building Code and the VILLAGE's Code of Ordinances. VILLAGE shall be solely responsible for determining compliance with the VILLAGE's Code of Ordinances. COUNTY shall verify compliance with the VILLAGE's Code of Ordinances prior to the issuance of any permits for accessory structures by contacting Jeremy Hubsch, Community Development Director at jhubsch .village- npb.org or (561) 841-3369. Page 10 of 11 EXHIBIT B Parcel Control Number: 68434205230220000 October 27, 2020 1:576 Legal: Tract V, Prosperity Harbor North, Plat Book 85, Pages o 0.00475 0.0095 0.019 mi 103 - 109, Public Records, Palm Beach County, FL