R11-078RESOLUTION NO. RII -078
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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.
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161 WHEREAS, Section 163.01, Florida Statues, known as the "Florida Interlocal
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17 i Cooperation Act of 1969" authorizes local governments to make the most efficient use of
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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
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26; ' Department is willing to perform such services; and
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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
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1 Town of Hypoluxo for building code administration and inspection services. 3
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t ; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
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2 f OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
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' 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
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6 approves and authorizes the Interim City Manager and City Clerk to execute an Interlocal
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7 Agreement between the City of Boynton Beach and the Town of Hypoluxo for building
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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.
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13 CITY F BOYNTON BEA 9FDA
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16 May f — odriguez
19 11 ice ayp r —W Orlove
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22 Com io r — Woodrow L. Ha
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24 i f
25 Commis 'o le Holz
26 j ATTEST:
27 ��L .
28 Commissioner — Marlene Ross
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30 aJanM Prainito, MMC
31 s
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33 s
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35 , mo4e Seal
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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;"
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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.
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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.
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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:
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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.
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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.
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FIRM
71 ity Clerk
Attest.
Town Clerk
By
Town Attorney