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HomeMy WebLinkAboutResolution_17-02/03_01/09/2003RESOLUTION NO. 17-02/03 • A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, APPROVING AN INTERLOCAL AGREEMENT BETWEEN JUPITER INLET COLONY AND THE VILLAGE OF TEQUESTA PROVIDING FOR REVIEW OF BUILDING PLANS AND INSPECTIONS OF STRUCTURES WITHIN THE MUNICIPAL LIMITS OF THE TOWN OF JUPITER INLET COLONY, FLORIDA, AND AUTHORIZING THE MAYOR TO EXECUTE THE SAME ON BEHALF OF THE VILLAGE. NOW, THEREFORE, BE IT REVOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, AS FOLLOWS: Section 1. The Interlocal Agreement between Jupiter Inlet Colony and the Village of Tequesta providing for review of building plans and inspections of structures within the municipal limits of the Town of Jupiter Inlet Colony, Florida, Attached Hereto as Exhibit "I" and Incorporated by Reference as Part of this Resolution is Hereby Approved and the Mayor is authorized to Execute the Applicable Agreement on Behalf of the Village. THE FOREGOING RESOLUTION WAS OFFERED by Council member {Fr5 i~~ ~~ ,who moved its adoption. The motion was second by Council member 'u~~r,~ ~ =t y ~~ ~_ ,and upon II being put to a vote, the vote was as follows: FOR ADOPTION -~Lt,~~G'1' GLMC~ U AGAINST ADOPTION ~Gt ~/ . ~, The Mayor thereupon declared the Resolution duly passed and adopted the 9th day of January, 2003. ATTEST` ~,' Mary Mile Village Clerk MAYOR OF TEQUESTA ~~ e A. enc Exhibit "I" • INTERLOCAL AGREEMENT PROVIDING FOR REVIEW OF BUILDING PLANS AND INSPECTION OF STRUCTURES WITHIN THE MUNICIPAL LIlVIITS OF THE TOWN OF JUPITER INLET COLONY, FLORIDA, BY THE VILLAGE OF TEQUESTA, FLORIDA. y1 THIS INTERLOCAL AGREEMENT entered into this {~ day of ,j~~ ~ 4-c`.u.- 20 4= % between the VILLAGE OF TEQUESTA, FLORIDA, a municipal co ~ oration located in the State of Florida. Herein referred as "Tequesta" and the TOWN OF JUPITER INLET COLONY, FLORIDA, a municipal corporation located in the State of Florida, herein referred to as the "Colony". Q ,:_ ` ~ t~ O ~ ~ir~Ca L6.~ ~,.1 i.a CJ `~ •Y:. '~ ~= ~.,.~ n, f ._ Q <, --~~ ~ i. i :' _ J . ~._ L ~• ~.. .._' .~ o 6~ _~ .; ~ a: ~- l.j ~> ~~ ~ ~:: ~_ C° C? ~ . ~.: -. ~.~ . • •f'1 ~' :f -sue v.~ ~ n; ~`.i ._ '~ r:... -:: ~ ,.~ i.~~ c~ can ''ii '. U isr mu~r..`. ~ ~,~ ~:~~ F~~ ~ a. y< ~''~ ~ ~ i i,:~ ~ .i WITNESSETH: WHEREAS, the Colony is an incorporated area located in an adjacent area to the Village and does not have its own Building Department, and WHEREAS, Tequesta is willing to make available the services of its Department of Community Development within the incorporated area of the Colony upon the payment of a fair and reasonable sum for said services, and WHEREAS, this agreement evidences the intentions of the respective parties to cooperate with each other in the furtherance of the public's interest. NOW, THEREFORE, in consideration of the mutual covenants herein contained and other good and valuable considerations, the parties hereto agree as follows: SECTION 1. PURPOSE The exclusive purpose of this Interlocal Agreement is to provide the Colony with the expertise and assistance of Tequesta's Department of Community Development for the • review of building plans and inspection of construction projects within the Colony's corporate limits. • SECTION 2. DUTIES A) The Colony shall be responsible for the initial receipt or intake of all permit applications, building plans and related documents, including but not limited to, surveys, energy code calculations, truss layouts, soils investigations reports and all other submittals necessary to perform a proper code review. Upon receipt of a completed permit package, the Colony shall deliver the same to the Tequesta Department of Community Development. In the event any supporting : ~_ . ~; ~.- =' ' c , ~~ <,; ~,~ ~ documentations is missing and required, Tequesta shall notify the Colony and ~:. ~ ^ _a L: ~. t. LLI _~ ".. ~,, ~ ~ the Colony shall be responsible to contact the owner or contractor on order to ~ Q ~~"- ~, ~ " -=~ ~ ~' obtain the necessary documentation. The Colony shall be responsible for ~~ ~ ~, ~. I:: ;tip ~~ ~ calculating the permit fee required for and building permit application. ~,.: ; ~~ '=~' ~~ ~ ~~ ;~ ``j B) .~~ Tequesta's Department of Community Development shall review all plans and ~~_~p ._; r? i - NI ~ related documents for conformance with applicable building, technical and ~-_; °_. C~ 2 U t~ =.a }.- ~ e~" ~~ other codes adopted by the State of Florida, the current code being the V' _) 11., may. `-- ~~ - ' FLORIDA BUILDING CODE. Upon its determination that the plans and _ ~_ ~= ItJ {.~ ~ ... ~.~_ related documentation meet or exceeds all code requirements. Tequesta shall so ~ ~ iLLI ~1 L '1; -L ``' u= ~ ; ' .-? notify the Colony and the Colony shall issue the appropriate permit (s). _ W ~ t ~ ~, ~~ ~~ C Followin issuance of the a ro riate ermit s Te uesta shall rovide all g~ PP P P ()~ q P necessary inspections, as required by applicable codes and in accordance with the Florida Building Code, to insure that all construction is performed in accordance with the approved plans and permits. Tequesta shall make copies of all inspection reports available to the Colony Clerk within forty-eight (48) hours • of the conclusion of the inspection. Copies of all field notes or documents requested by Tequesta in performance of any inspection shall be made available to the Colony Clerk within forty-eight (48) hours of Tequesta's receipt of the • same. D) For plan review and inspection services, Tequesta shall receive no less than twenty-seven (27) percent of the permit fees received by the Colony. The current fee schedule adopted by the Colony is set forth on attached Exhibit "A". Said fee shall be forwarded quarterly to Tequesta at the end of each third, sixth, ninth, and twelfth calendar month. If any quarterly installment of fees has not been received by Tequesta within fifteen (25) days of the due date, the M :; s' ~~ " =~`a ~:` o~ delinquent payment shall accrue interest at the rate of ten (10) percent per ~., . _, ~,v ~•,, ., :~ .r r_: ~. ~" ~ ~ annum. In the event construction is not completed within the time allotment of N ..._ ~ =,- r' ~ the initial building permit, Tequesta shall not be entitled to share in any amount (_3 GY, C= C~ .J L.1 `' "` ~' of a renewal fee. In the event Tequesta reviews a permit application and the .: j_ r ; ~'~ ~ a "~~~ a lication is withdrawn or no ermit issued Te uesta shall receive from the "= :~ ~ ~ ~~ Colony a plan review fee in the sum of two hundred and fifty dollars ($250.00). O ~C~ ~= _ ti! L7 ~~~~ ~~~ ~ ~ ~ E) It is the responsibility of the Colony to issue all permits for construction within ~.. _" c-: ~`= .. - `= ~ the Colony. The fees for issuance of said permits are set forth in Exhibit "A" h. ~~., c " °=' '' `' attached and may be amended from time to time in the discretion of the Colony. ~. m~;,.~,;, _ RtJ L.1 .. ~ °' ~' ~s , The Mayor Vice Mayor Building Commissioner or Town Clerk may request z~ . , , .... c:• . the Tequesta's Department of Community development to inspect a project on a given time and date. However, all inspections will be made only during normal working hours which are from 9:00 a. m., to 5:00 p.m. on weekdays and the scheduling of inspections shall be made within atwenty-four (24) hours timeframe upon request by the Colony. Upon satisfactory completion of the • project and final inspection, the Building Official of Tequesta shall certify to the Colony the satisfactory completion and will authorize the issuance of a certificate of occupancy, when applicable, which may be issued by the Colony. F) Tl.o f'.,1.,.,.. ..t,.,11 ~o ~o ~;L.lo •., ro o .,11 ..1.,.,~ ~., ..t,o~.L ~ .- .. .,linz~n__n • ' Tequesta shall in its plan review check the site or plot plan for the Colony's zoning~rovisions limited to building setbacks, lot coverage, and height limitations. The Colony shall be responsible for zoning matters that are not associated with a site review that is applicable to a construction plan review for Qermitting. Te~uesta's Building Official or representative shall attend the Building Commission Meeting_ once a month, ?_ C` ' ~ =: ~:.~ !!..,; . i i~~ CJ ~.::IV !--• ._ r~ ~:Y Gy,. 1' ~.» CL w~ c~- ~~ c' :~ ;} --' _. - -. _ :. <:- c•:. ' T- ~, - ~ !~ ~J w:: ' rn' ~.:~ ~~~l~'~ m ; r~ :jG ~ ~:~ . ~-- ~ ~'~' l.~z ii< c:; ;~ -v::~~ provided, that said meeting occurs during working hours as stated in section «E„ G) The Colony, at its sole expense and without offset to fees payable to Tequesta, may employ an inspector or consulting engineer to assist the Colony in reviewing plans and performing inspections to insure compliance with all applicable codes. Nothing in this agreement is intended to preclude the Colony from performing inspections, as it may deem appropriate. H) The Colony shall provide Tequesta with all Codes and Ordinances, which are subject to compliance within the Colony relating to this agreement. I) The Colony shall b solely responsible for the administration of violations of the provisions of said codes by persons, firms, or corporations engaged in construction within the Colony. J) The Colony shall assume responsibility for the administration of all consumer inquiries. The Colony shall forward to the Tequesta Building Official only those inquiries concerning interpretations of the Building Code and the related • zoning requirements as outlined in section "F". All others shall be the responsibility of the Colony. SECTION 3. INSURANCE • A) The Colony shall provide Tequesta with a Certificate of Insurance from the Colony's insurance carrier. Evidencing all necessary liability insurance for Tequesta and the building official or any authorized agent of that department making inspections within the Colony in limits of not less than one million dollars ($1,000,000.00). B) All employees and agents of Tequesta shall be covered by Workers Compensation coverage obtained by Tequesta at it sole expense. Tequesta shall '=` ` _,~ ~ _ - ~~ ~~ ::r ~. ~ ,,_, c_ - ~~. 1~ cn • ~: _.~:,._ ; ;.. -+ . ~: . ~~ ~ ~_ • Jam. ~V t '; ~ ~' ~~ - .. ~.~. ~ `.~ `~` u~ %,~ ~ ~ O t UC3~U.A~ d L> G`? ~" W l..J a~~X W !7' LJ ~+- _ (~ J V- .~UCJQ provide a Certificate of Worker's Compensation coverage prior to performing any work under this Agreement. The Colony shall be notified in the event any individuals are performing inspection services pursuant to this Agreement who are not employees of Tequesta. In the event Tequesta assigns anon-employee agent to perform inspections pursuant to this Agreement, Tequesta shall require said agent to possess worker compensation insurance coverage as required by Florida law and shall hold the Colony harmless for any claims related thereto; including but not limited to claims for statutory workers compensation benefits, damages, attorney fees and costs or other expense of any nature, subject, however, to the limitations set forth in F.S. 768.28. C) Each party shall be responsible for the actions of its own employees and agents and shall hold the other party harmless for any claim related thereto, including damages, attorney fees, costs or other expense of whatever nature, subject, however, to the limitations of F.S. 768.28. • SECTION 4. DURATION This Agreement shall be for a five (5) year term and shall renew automatically for an additional five (5) year term unless cancelled by either party for any reason and without penalty by providing a written notice that will not become effective until thirty calendar • days have passed from the date of receipt such notice shall be delivered by Certified Mail. SECTION 5. COUNTERPARTS t~ . _ b~' ~~ ~ ~_~ Q - :' <.:~ ~-~ - :.~ ~.:.a :~_: ;. n: ;- =;; «; ___ _ ~: ~~ c: ~ ? ~ ~~ ~. C'L' eta ~', u ~.. ~- ~.' i ;a C Ls: ~r- :~ _ ~ . ~ ~:., . Le.! ___ ~ ~) L C:' ~, ~ .~ L C_> ~" r ~ ~'~ J ~:: _ ~ ., J ~ ~~. Q:: ... n: . L. y This Agreement may be executed in a number of identical counterparts. If so executed, each of such counterparts is to be deemed an original for all purposed, and all such counterparts shall collectively constitute one agreement. In making proof of this Agreement, it shall not be necessary to produce or account for more than one counterpart. IN WITNESS WHEREOF, the parties to this Interlocal Agreement have caused their names to be affixed by their respective officers who have been duly authorized to sign and execute same for the purposes herein expressed, this `"~~' day of ~!:;~•''vt.~ti,' ,~~ _ ~~. Attest: f . /+ ~ ~ ++ ,! t Village Cle VII.LAGE OF TEQUESTA r /~ ~,y. _~/ =c;LL ~ .~ t____-~~ayor Attest: Town Clerk JUPITER INLET COLONY Mayor •