R09-158
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2 RESOLUTION NO. R09-159
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4 A RESOLUTION OF THE CITY COMMISSION OF THE
5 CITY OF BOYNTON BEACH, FLORIDA, APPROVING
6 AND AUTHORIZING THE CITY MANAGER AND CITY
7 CLERK TO EXECUTE AN INTERLOCAL
8 AGREEMENT BETWEEN THE CITY OF BOYNTON
9 BEACH AND THE CITY OF LAKE WORTH FOR
10 BUILDING AND PLANNING SERVICES; AND
II PROVIDING AN EFFECTIVE DATE.
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15 WHEREAS, Section 163.01, Florida Statues, known as the "Florida Interlocal
16 Cooperation Act of 1969" authorizes local governments to make the most efficient use of
17 their powers by enabling them to cooperate with other localities on a basis of mutual
18 advantage and thereby to provide services and facilities that will harmonize geographic,
19 economic, population and other factors influencing the needs and development of local
20 communities; and
21 WHEREAS, The City of Lake Worth is desirous of procuring all or some of the
22 administrative and inspection services relating to building and planning which is provided
23 by the City of Boynton Beach Development Department and
24 WHEREAS, the Boynton Beach Development Department is willing to perform
25 such services; and
26 WHEREAS, the City Commission of the City of Boynton Beach upon
27 recommendation of staff, deems it to be in the best interest of the citizens and residents of
28 the City of Boynton Beach to authorize execution of the Interlocal Agreement with the
29 City of Lake Worth for building and planning services and related administrative Services.
30 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
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Section I.
Each Whereas clause set forth above is hereby ratified as being true
3 and correct and incorporated herein by this reference.
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Section 2.
The City Commission of the City of Boynton Beach, Florida hereby
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approves and authorizes the City Manager and City Clerk to execute an Interlocal
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Agreement between the City of Boynton Beach and the City of Lake Worth for building
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and planning services and related administrative services, said Agreement being attached
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hereto as Exhibit "A".
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Section 3. This Resolution shall become effective immediately upon passage.
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PASSED AND ADOPTED this ~ day of October, 2009.
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CH, FLORIDA
c~
~odrow L. Hay.
Commissioner - Ro
1---
ATTEST:
ROC1- \50
INTERLOCAL AGREEMENT BETWEEN THE CITY OF LAKE WORTH AND THE
CITY OF BOYNTON BEACH FOR BUILDING AND PLANNING SERVICES
AND RELATED ADMINISTRATIVE SERVICES
This is an Intertocal Agreement, ("Agreement") made and entered into by and
between: The CITY BOYNTON BEACH, a Florida municipal corporation, hereinafter
referred to as "BOYNTON BEACH,"
AND
The CITY OF LAKE WORTH, a Florida municipal corporation existing under the
laws of the state of Florida, hereinafter referred to as "LAKE WORTH."
WHEREAS, this Agreement is entered into pursuant to ~163.01, Florida Statutes,
also known as the "Florida Interlocal Cooperation Act of 1969"; and
WHEREAS, BOYNTON BEACH maintains a Development Department that
conducts administrative and inspection services relating to building and planning
("Services"); and
WHEREAS, LAKE WORTH is desirous of procuring all or some of the Services
of BOYNTON BEACH for the performance of administrative and technical services
relating to building and planning, or other Services within the municipal boundaries of
LAKE WORTH; and
WHEREAS, BOYNTON BEACH, is willing to perform such Services pursuant to
the terms and conditions hereafter set forth;
NOW, THEREFORE, IN CONSIDERATION of the mutual terms, conditions,
promises, covenants and payments hereinafter set forth, BOYNTON BEACH and LAKE
WORTH agree as follows:
ARTICLE 1 - SCOPE OF SERVICES
1.1. LAKE WORTH agrees to transfer to BOYNTON BEACH the authority to perform
the Services in accordance with the terms of this Agreement, on an as needed basis.
1.2. BOYNTON BEACH shall perform the above Services pursuant to this Agreement
through its Development Department, or any successor division as may be designated
by the BOYNTON BEACH City Manager.
1.3 Additional Services may be provided to LAKE WORTH upon written Amendment
to this Agreement, as provided in Section 9.6.
ARTICLE 2 - FUNCTIONS AND DUTIES NOT TRANSFERRED
2.1 It is specifically understood and agreed that all rights and powers as may be
vested in LAKE WORTH pursuant to Chapter 166, Florida Statutes, or any other law or
ordinance or Charter provision of LAKE WORTH not specifically addressed by this
Agreement, shall be retained by LAKE WORTH.
ARTICLE 3 - COMPENSATION
3.1 BOYNTON BEACH shall provide the Services as required pursuant to this
Agreement at the following rates:
. Field Inspector - $50.00 per hour
. Plans Examiner - $55.00 per hour
. Building Official (Licensed Building Code Administrator) - $70.00
per hour
. Planner (Comp. Plan experience) - $60.00 per hour
. Additional services as may be negotiated
3.2 BOYNTON BEACH shall invoice LAKE WORTH on a monthly basis for actual
Services provided to LAKE WORTH by BOYNTON BEACH during the preceding month.
LAKE WORTH shall reimburse BOYNTON BEACH within forty-five (45) days of the
date of the invoice. LAKE WORTH shall be invoiced for fractional portions of an hour in
quarter hour increments to the nearest quarter hour at the rate set forth herein.
3.3 BOYNTON BEACH will prioritize and respond to additional services requested
such as emergency inspection services, intermittent, unplanned or limited, contingent
on the availability of resources.
ARTICLE 4 - TERM OF AGREEMENT
4.1 This Agreement shall be deemed to have commenced on October 1, 2009, and
shall continue in full force and effect until midnight, September 30, 2010. This
Agreement may be extended for additional terms subject to the execution of a written
amendment to this Agreement.
4.2 This Agreement shall remain in full force and effect until the termination date or
any extended termination date, as set forth above, unless written notice of termination
by BOYNTON BEACH or LAKE WORTH is provided pursuant to Section 8, NOTICES.
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ARTICLE 5 - GOVERNMENTAL IMMUNITY
Both parties are state agencies as defined in Chapter 768.28, Florida Statutes.
Each agrees to be fully responsible for acts and omissions of their agents or employees
to the extent permitted by law. Nothing herein is intended to serve as a waiver of
sovereign immunity by any party to which sovereign immunity may be applicable.
Nothing herein shall be construed as consent by a state agency or political subdivision
of the State of Florida to be sued by third parties in any matter arising out of this
Agreement or any other contract.
ARTICLE 6 - INSURANCE
BOYNTON BEACH and LAKE WORTH are self insured in accordance with
provisions set forth within Section 768.28, Florida Statutes.
ARTICLE 7 - TERMINA nON
This Agreement may be terminated by either party upon ten (10) days written
notice to the other party of such termination pursuant to Section 8, NOTICES, herein.
ARTICLE 8 - NOTICES
Any and all notices given or required under this Agreement shall be in writing and may
be delivered in person or by United States mail, postage prepaid, first class and
certified, return receipt requested, addressed as follows:
TO BOYNTON BEACH:
Kurt Bressner, City Manager
100 E. Boynton Beach Boulevard
P.O. Box 310
Boynton Beach, FL 33425
With Copy to:
Quintus Greene, Development Director
100 E. Boynton Beach Boulevard
P.O. Box 310
Boynton Beach, FL 33425
James A. Cherof, City Attorney
Goren, Cherof, Doody & Ezrol, PA
3099 East Commercial Boulevard
Suite 200
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Fort Lauderdale, FL 33308
TO LAKE WORTH:
Susan Stanton, City Manager
7 N. Dixie Highway
Lake Worth, FL 33460
With CODY to:
Community Development Director
7 N. Dixie Highway
Lake Worth, FL 33460
Elaine A. Humphreys
Acting City Attorney
7 N. Dixie Highway
Lake Worth, FL 33460
ARTICLE 9 - MISCELLANEOUS PROVISIONS
9.1 ASSIGNMENT: BOYNTON BEACH shall perform the selected Services
provided for in this Agreement exclusively and solely for the LAKE WORTH which is a
party to this Agreement. Neither party shall have the right to assign this Agreement.
9.2 LAKE WORTH agrees that its employees, officials, representatives, and agents,
shall not recruit, discuss, or solicit City of Boynton Beach employees, who are providing
services pursuant to this Agreement, for employment with the City of Lake Worth during
the term of this Agreement. In the event the City of Lake Worth violates this provision,
the City of Boynton Beach shall be entitled to terminate this Agreement, as provided
herein. This provision shall not prohibit a City of Boynton Beach employee from
voluntarily seeking employment with the City of Lake Worth.
9.3 WAIVER: The waiver by either party of any failure on the part of the other party
to perform in accordance with any of the terms or conditions of this Agreement shall not
be construed as a waiver of any future or continuing similar or dissimilar failure.
9.4 SEVERABILITY: The invalidity of any provision of this Agreement shall in no
way affect the validity of any other provision.
9.5 ENTIRE AGREEMENT: It is understood and agreed that this Agreement
incorporates and includes all prior negotiations, agreements or understandings
applicable to the matters contained herein and the parties agree that there are no
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commitments, agreements or understandings concerning the subject matter of this
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 representations or
agreements, whether oral or written.
9.6 INDEPENDENT CONTRACTOR: BOYNTON BEACH is an independent
contractor under this Agreement. Services provided by BOYNTON BEACH pursuant to
this Agreement shall be subject to the supervision of BOYNTON BEACH. In providing
such services, neither BOYNTON BEACH nor its agents shall act as officers,
employees, or agents of LAKE WORTH. This Agreement shall not constitute or make
the parties a partnership or joint venture.
9.7 MODIFICATION: It is further agreed that no modifications, amendments or
alterations in the terms or conditions contained herein shall be effective unless
contained in a written document executed with the same formality and of equal dignity
herewith.
9.8 CHOICE OF LAW: Any controversies or legal problems arising out of this
transaction and any action involving the enforcement or interpretation of any rights
hereunder shall be submitted to the jurisdiction of the State courts of the Fifteenth
Judicial Circuit in and for Palm Beach County, Florida, the venue situs, and shall be
governed by the laws of the State of Florida.
9.9 DRAFTING: This Agreement has been negotiated and drafted by all parties
hereto and shall not be more strictly construed against any party because of such
party's preparation of this Agreement.
9.10 FILING. An executed original of this Agreement and any amendment(s) hereto
shall be filed with the Clerk of the Circuit Court in and for Palm Beach County, Florida.
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CITY OF ~N BEACH
Attest:
By -( u..Q ./'\
~ 'In, p~ K"" Bres,"e', C;ly","'ge,
City Clerk ~ day of ~N , r:1aP;tdate)
By
CITY OF LAKE WORTH
Attest,)'" B =~
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W 4 PAltf~';:::':~~'{':, '~"""" ~us ta ,'t Manager
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CityCl6rk ~~:5t;.:,',~:i~daYOfO()~. ,~'\ (dale)
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"~~s<i':" APPROVED AS TO FORM:
BY~il~
Elaine A Hum reys
Acting City Attorney
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The City of Boynton Beach
City Clerk's Office
100 E BOYNTON BEACH BLVD
BOYNTON BEACH FL 33435
(561) 742-6060
FAX: (561) 742-6090
e-mail: prainitoj@bbfl.us
www.boynton-beach.org
November 2, 2009
Ms. Susan Stanton, City Manager
7 N. Dixie Highway
lake Worth, Fl 33460
Re: Resolution # R09-158 Interlocal Agreement between the City of Lake Worth and
the City of Boynton Beach for Building and Planning Services and Related
Administrative Services
Dear Ms. Stanton:
Attached for your handling is the original agreement and a copy of the Resolution mentioned above.
Once the agreement has been signed, please return the original to the City Clerk's Office for Central
Files.
If you have any questions, please do not hesitate to contact me.
Very truly yours,
CITY OF BOYNTON BEACH
~"~~~
City Clerk
Attachments
(contract & resolution)
tis
s: \ CC\ WP\AFTER COMMISSION\ OTher Transmittal Letters After Commission \2009\R09-158 ILA Lake Worth Building Services.doc
America's Gateway to the Gulfstream
The City of Boynton Beach
City Clerk's Office
100 E BOYNTON BEACH BLVD
BOYNTON BEACH FL 33435
(561) 742-6060
FAX: (561) 742-6090
e-mail: prainitoj@bbfl.us
www.boynton-beach.org
November 2, 2009
Ms. Susan Stanton, City Manager
7 N. Dixie Highway
Lake Worth, FL 33460
Re: Resolution # R09-iS8 Interlocal Agreement between the City of Lake Worth and
the City of Bovnton Beach for Building and Planning Services and Related
Administrative Services
Dear Ms. Stanton:
Attached for your information and files are two executed originals of the agreement mentioned
above. Since the documents have been fully executed, I have retained one original for our Central
File.
If you have any questions, please do not hesitate to contact me.
Very truly yvJfS,
CITY OF BOYNTON BEACH
~Yn.~
J et M. Prainito, CMC
City Clerk
Attachments
(2 executed agreements)
tis
s. \CC\ WP\AWrER COMMISSI< ,f~' i.ithei l'rClltsmttldll~'it<:,rs After Commission \2009\R09-158 ILA Lake Worth Building Servlces
executed,doc
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