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R11-078RESOLUTION NO. RII -078 3 4! A RESOLUTION OF THE CITY COMMISSION OF THE 5 CITY OF BOYNTON BEACH, FLORIDA, APPROVING 6 ; AND AUTHORIZING THE INTERIM CITY MANAGER 7 AND CITY CLERK TO EXECUTE AN INTERLOCAL 81 AGREEMENT BETWEEN THE CITY OF BOYNTON 9'1 BEACH AND THE TOWN OF HYPOLUXO FOR to i BUILDING CODE ADMINISTRATION AND I l' ; INSPECTION SERVICES; AND PROVIDING AN 12? EFFECTIVE DATE. 13; a 14,1 1 15'' 1 t 161 WHEREAS, Section 163.01, Florida Statues, known as the "Florida Interlocal 3 17 i Cooperation Act of 1969" authorizes local governments to make the most efficient use of i 18 i their powers by enabling them to cooperate with other localities on a basis of mutual 19' advantage and thereby to provide services and facilities that will harmonize geographic, 20 ' economic, population and other factors influencing the needs and development of local 21 i ' communities; and 22! WHEREAS, The Town of Hypoluxo is desirous of procuring all or some of the 231 ' building code administration and inspection services which is provided by the City of 24 Boynton Beach Development Department; and 25' WHEREAS, the Building Division of the Boynton Beach Development I 26; ' Department is willing to perform such services; and i 27; i WHEREAS, the City Commission of the City of Boynton Beach upon 281 s recommendation of staff, deems it to be in the best interest of the citizens and residents of 29 1 1 the City of Boynton Beach to authorize execution of the Interlocal Agreement with the 9I 3011 1 Town of Hypoluxo for building code administration and inspection services. 3 �q ii , t ; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION i 2 f OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: ;e 3� ' Section 1. Each Whereas clause set forth above is hereby ratified as being true 4 , and correct and incorporated herein by this reference. 5 Section 2. The City Commission of the City of Boynton Beach, Florida hereby a� 6 approves and authorizes the Interim City Manager and City Clerk to execute an Interlocal �j 7 Agreement between the City of Boynton Beach and the Town of Hypoluxo for building 1' 8 code administration and inspection services, said Agreement being attached hereto as 9 Exhibit "A ". 10 ` ` Section 3. This Resolution shall become effective immediately upon passage. 1 t i PASSED AND ADOPTED this 19 day of July, 2011. t2 l 13 CITY F BOYNTON BEA 9FDA 14-; 15!i 16 May f — odriguez 19 11 ice ayp r —W Orlove 20i 71 22 Com io r — Woodrow L. Ha 23 24 i f 25 Commis 'o le Holz 26 j ATTEST: 27 ��L . 28 Commissioner — Marlene Ross 29 30 aJanM Prainito, MMC 31 s 32 33 s I 34' 35 , mo4e Seal ti INTERLOCAL AGREEMENT BETWEEN THE TOWN OF HYPOLUXO AND THE CITY OF BOYNTON BEACH FOR BUILDING CODE ADMINISTRATION SERVICES This Interlocal Agreement, ("Agreement") is made and entered into by and between The CITY BOYNTON BEACH, a municipal corporation organized and existing under the laws of the State of Florida, hereinafter referred to as "BOYNTON BEACH;" FAII' . qjPj The TOWN OF HYPOLUXO, a municipal corporation organized and existing under the laws of the state of Florida, hereinafter referred to as "HYPOLUX0." WHEREAS, this Agreement is entered into pursuant to §163,01, Florida Statutes, also known as the "Florida Interlocal Cooperation Act of 1969" and §468,617, Florida Statutes, which authorizes local governments to enter into contracts with each other to provide building code administration and inspection services; and WHEREAS, BOYNTON BEACH maintains a Development Department that provides building code administration and inspection services; and WHEREAS, HYPOLUXO is desirous of procuring all or some of BOYNTON BEACH's building code administration and inspection services within the municipal boundaries of HYPOLUXO; and WHEREAS, BOYNTON BEACH is willing to perform such Services pursuant to the terms and conditions hereafter set forth in this Agreement. NOW, THEREFORE, IN CONSIDERATION of the mutual terms, conditions, promises, covenants and payments hereinafter set forth, and other good and valuable consideration, BOYNTON BEACH and HYPOLUXO agree as follows: by the work load and at times mutually agreed upon between BOYNTON BEACH and HYPOLUXO, but no less than one (1) day per week. BOYNTON BEACH shall also provide consultation from its Development Department located within BOYNTON BEACH City Hall. HYPOLUXO and BOYNTON BEACH may provide for a specific schedule of services, a method of contact, a method of tracking permits and other matters through a Memorandum of Understanding acceptable to each municipality. 1.2 BOYNTON BEACH shall be solely responsible for obtaining and complying with all necessary licensures, approvals and authorizations required for maintaining employees who are building code administrators and inspectors. 1.3 BOYNTON BEACH shall perform the Services pursuant to this Agreement through its Development Department, or any successor division as may be designated by the BOYNTON BEACH City Manager. 1.4 Additional Services may be provided to HYPOLUXO upon written Amendment to this Agreement, as provided in Section 9.6. 2.1 It is specifically understood and agreed that all rights and powers as may be vested in HYPOLUXO pursuant to the Florida Constitution and Chapter 166, Florida Statutes, or any other law or ordinance or Charter provision of HYPOLUXO not specifically addressed by this Agreement, shall be retained by HYPOLUXO. 3.1 BOYNTON BEACH shall provide the Services as required pursuant to this Agreement at the following rates: • Field Inspector - $50.00 per hour • Building Official (Licensed Building Code Administrator) - $70.00 per hour • Additional services as may be negotiated 3.2 BOYNTON BEACH shall invoice HYPOLUXO on a monthly basis for Services actually provided to HYPOLUXO by BOYNTON BEACH during the preceding month. HYPOLUXO shall reimburse BOYNTON BEACH within forty-five (45) days of the date of the invoice. HYPOLUXO 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 shall maintain adequate records to justify all charges for Services performed pursuant to this Agreement. HYPOLUXO shall have access to all books, records and documents for the purposes of audit or inspection during normal business hours. 0 3.4 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. F 1-1 Z; 19 154 1 R M K M I M N PTO -Mel V 1: 4 A 4.1 This Agreement shall be deemed to have commenced on August 1, 2011, and shall continue in full force and effect until midnight, July 31, 2012. 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 HYPOLUXO is provided pursuant to Section 8, NOTICES. u I Z I I m M 4 MC1 a Z wi, I U W WE I M U MM Both parties are state agencies as defined in Chapter 768.28, Florida Statutes. Each agrees to be fully responsible for the acts and omissions of its 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. F-M41 [oil M-011 M11 MI-MV BOYNTON BEACH and HYPOLUXO are self insured in accordance with provisions set forth within Section 768.28, Florida Statutes. Ito] I MD"94" 01MM"I'VID9101 This Agreement may be terminated by either party upon thirty (30) days written notice to the other party of such termination pursuant to Section 8, NOTICES, herein. HYPOLUXO shall pay BOYNTON BEACH for all Services performed prior to the effective date of termination. 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: K 11&X- 0 to] � 1111 Lori LaVerriere, Interim City Manager 100 E. Boynton Beach Boulevard P. O. Box 310 Boynton Beach, FL 33425 Quintus Greene, Development Director 100 E. Boynton Beach Boulevard P. O. Box 310 Boynton Beach, FL 33425 City Attorney Goren, Cherof, Doody & Ezrol, P.A. 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, FL 333080 f rol ra W Zoe] wwme Mayor Hypoluxo Town Hall 7580 S. Federal Highway Hypoluxo, FL 33462 afiu� r Barbara Lee Searls, Town Clerk Hypoluxo Town Hall 7580 S. Federal Highway Hypoluxo, FL 33462 Leonard G. Rubin, Esquire Town Attorney 701 Northpoint Parkway Suite 209 West Palm Beach, FL 33407 9.1 ASSIGNMENT: BOYNTON BEACH shall perform the Services provided for in this Agreement exclusively and solely for the benefit of HYPOLUXO. Neither party shall Dave the right to assign this Agreement. It 9.2 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. 9.3 SEVERABILITY The invalidity of any provision of this Agreement shall in no way affect the validity of any other provision. 9A 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 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. 9,5 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 HYPOLUXO. This Agreement shall not constitute or make the parties a partnership or joint venture. 9.6 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. 9.7 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. 9.8 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. 9.9 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. [Remainder of page intentionally blank] 61 FIRM 71 ity Clerk Attest. Town Clerk By Town Attorney