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Home My Public Portal AboutAgreement w/PBC Bldg Dept. (Unsigned)INTER - GOVERNMENTAL AGREEMENT PROVIDING FOR INSPECTION OF STRUCTURES WITHIN THE MUNICIPAL LIMITS OF THE TOWN OF GULF STREAM, FLORIDA, BY THE PALM BEACH COUNTY PLANNING, ZONING AND BUILDING DEPARTMENT. THIS AGREEMENT, entered into this day of 1983, by and between PALM BEACH COUNTY, FLORIDA, a Political subdivision of the State of Florida, hereinafter referred to as "COUNTY "; and THE TOWN OF GULF STREAM, a municipal corporation organized and existing under the laws of the State of Florida, whose permanent address is 246 Sea Road, Gulf Stream, Florida 33444 hereinafter referred to as "TOWN ". W I T N E S S E T H: WHEREAS, the health, safety and welfare of the residents of both TOWN and COUNTY will best be served by the COUNTY inspecting certain structures lying within the TOWN'S limits; and WHEREAS, the COUNTY is authorized to enter into this Agreement pursuant Florida Statutes s.125.01(p); and WHEREAS, the TOWN and the COUNTY are authorized to enter into this Agreement pursuant to Florida Statutes s. 165.09, S-165.196; and WHEREAS, this Agreement evidences the intentions of the respective parties to cooperate with each other in the furtherance of the public's interest; N 0 W T H E R E F O R E: SECTION 1. Definitions Codes: When used herein the term "Codes" shall mean the current editions including Palm Beach County Amendments where appropriate, of the following codes as adopted by Palm Beach County under Chapter 74 -565, Laws of Florida, Special Acts of 1974, as amended by Chapters 75 -467, 77 -623, 79 -543, 80- 565, and 81 -957, Laws of Florida. STANDARD BUILDING CODE, as amended by Palm Beach County Ordinance. STANDARD'PLUMBING CODE, as amended by Palm Beach County Ordinance. STANDARD MECHANICAL CODE, as amended by Palm Beach County Ordinance. STANDARD GAS CODE NATIONAL ELECTRICAL CODE, as amended by Palm Beach County Ordinance. PALM BEACH COUNTY MOBILE HOME TIE -DOWN CODE PALM BEACH COUNTY SWIMMING POOL CODE Department: Where used herein the term "Department" shall mean the Palm Beach County Planning, Zoning and Building Department. Building Official: Where used herein the term "Building Official" shall mean the director of the Palm Beach County Building Division. Fee(s): When used herein the term "fee" or "fees" shall mean the fee(s) charged as a condition for a building, electrical, or plumbing permit and /or the inspection fee charged for inspection of work; both made a part hereof. Inspector: When used herein the term "inspector" shall mean any Building Construction Inspector in the employ of the Palm Beach County Building Division. Permit: When used herein the term "permit" shall mean permit issued by the TOWN for any construction work described by the codes and ordinances enumerated under codes. Permitee: When used herein the term "permittee" shall mean any individual, corporation or other business entity applying for and /or holding a valid permit. Structures: When used herein the term "structures" shall mean any and all above - ground, in ground, and /or under ground structures, and any and all construction, electrical and /or Plumbing work for which a permit must be obtained. Section 2. The COUNTY and TOWN, in consideration of the mutual promises and benefits hereinafter set forth, receipt of which is hereby acknowledged, do hereby agree as follows: A. The exclusive purpose of this Inter - governmental Agreement is to provide the TOWN with the expertise and assistance of COUNTY'S Planning, Zoning and Building Department for the inspection of certain construction projects within the TOWN'S limits. B. The method by which this purpose will be accomplished is as follows; (1) The TOWN shall adopt an ordinance which: a. incorporates by reference the provisions of the Codes as presently in force and effect in Palm Beach County, Florida, and adopted by COUNTY, and implemented by the Department; b. vests the responsibility for reviewing plans for compliance with applicable construction codes, issuing permits, and inspecting structures with the TOWN in the COUNTY'S Building Official or his agent; and C. provides for penalties for violators of said Codes. d. upon adoption by the COUNTY of any amendments to said Codes the TOWN shall immediately, upon notice by Palm Beach County, amend its ordinance to accurately reflect such changes. (2) a. Plans for construction shall be submitted to the TOWN in triplicate by the applicant and and shall be reviewed by TOWN for compliance with TOWN'S Zoning Code and other non - construction code compliance the three (3) plans shall be stamped and submitted to COUNTY by contractor or owner with the attendant permit application and fees. b. COUNTY'S Planning, Zoning and Building Department shall review and process all plans, submitted in triplicate checking the same for compliance with the Codes; and determine the subsidiary permits necessary and the amount of fees. For processing and the inspection service COUNTY shall receive one hundred percent (1008) of the permit fee. Said fees shall be collected by COUNTY. After reviewing and processing said construction plans, COUNTY shall forward two sets of said plans to TOWN for distribution. COUNTY shall not forward any plans to TOWN without the attendant permit. (3) Applications for all permits shall be submitted to COUNTY on COUNTY approved forms. The COUNTY shall process and prepare all permits for construction within the TOWN and forward said permits to the TOWN for issuance. Any authorized individual may request the Department to inspect a project on a given time and date. The permit inspection card and plans shall be on the constuction site at all times and the inspector, upon the Coordinator shall not be unreasonably withheld. Section 3. Duration This Agreement shall be of a continuing nature unless cancelled by either party for any reason and without penalty, on not less than sixty (60) days written notice. Any fees paid to COUNTY where inspection services are not completed shall be prorated in accordance with the percentage of inspection completed and any excess shall be refunded to TOWN. IN WITNESS WHEREOF, PALM BEACH COUNTY, FLORIDA, has caused this Inter - governmental Agreement to be executed by the Chairman 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 TOWN OF GULF STREAM, Florida has caused this Inter - governmental Agreement to be executed in its corporate name by its Mayor and its corporate seal to be affixed hereto, attested by the TOWN'S Clerk, the date and year first above written. ATTEST: JOHN B. DUNKLE, Clerk By: Deputy Clerk (SEAL) ATTEST: BYm Town Clerk (SEAL) Approved as to Form and Legal Sufficiency County Attorney By: PALM BEACH COUNTY, FLORIDA, BY ITS BOARD OF COUNTY COMMISSIONERS By: TOWN OF GULF TREAM, P ALM BEACH COUNT , Ile By: i,� - RESOLUTION NO. R -83 RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PALM BEACH COUNTY, FLORIDA, APPROVING AND AUTHORIZING EXECUTION OF AN INTER - GOVERNMENTAL AGREEMENT PROVIDING FOR INSPECTION OF STRUCTURES WITHIN THE MUNICIPAL LIMITS OF THE TOWN OF GULF STREAM, FLORIDA, BY THE PALM BEACH COUNTY PLANNING, ZONING AND BUILDING DEPARTMENT. WHEREAS, the health, safety and welfare of the residents of both the Town of Gulf Stream and Palm Beach County will best be served by the County inspecting certain structures lying within the Town's limits; and WHEREAS, the County is authorized to enter into an agreement for such inspections pursuant to Florida Statutes, Section 125.01(p); and WHEREAS, the Town of Gulf Stream and Palm Beach County are authorized to enter into such an agreement for inspections pursuant to Florida Statutes, Sections 165.08, 165.191 and 165.196; and WHEREAS, the Town of Gulf Stream has adopted the various building codes of Palm Beach County as its building code, and has agreed to adopt all amendments and addenda thereto; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF PALM BEACH COUNTY, FLORIDA; that: 1. The foregoing recitals are hereby reaffirmed and ratified. 2. The chairman and Clerk of this Board, in their official capacities, are hereby authorized to execute the Inter- governmental Agreement Providing for Inspection of Structures Within the Municipal Limits of the Town of Gulf Stream, Florida, by the Palm Beach County Building Department, a copy of which is attached hereto and made a part hereof. The foregoing resolution was offered by Commissioner who moved its adoption. The motion was seconded by Commissioner , and upon being put to a vote, the vote was as follows: PEGGY B. EVATT KENNETH G. SPILLIAS DENNIS P. KOEHLER DOROTHY H. WILKEN BILL BAILEY 0 completion of his inspection, will mark the card either as to acceptance and the date thereof, or will note reason for rejection and the date thereof. Upon satisfactory completion of the project and final inspection, the Building Official will prepare the Certificate of Occupancy and will forward said Certificate of Occupancy to TOWN which will issue the Certificate Of Occupancy to the permitee, or authorized agent thereof, with a copy to the COUNTY. (4) The TOWN shall be solely responsible for the enforcement of violations of the provisions of said Codes by persons, firms or corporations engaged in construction within the TOWN. (5) The TOWN shall assume responsibility for the administration of all consumer inquiries. The TOWN shall forward to the Building Official only those inquiries concerning the plan review and inspection process, set forth above, and all others shall be the responsibility of the TOWN. (6) The Building Official shall have the right to refuse to inspect any structure within TOWN should he deem it in the best interest of COUNTY. All such determinations not to inspect a structure shall be made in writing to TOWN. (7) TOWN shall hold harmless and indemnify COUNTY against any and all claims for damages of every kind and nature including but not limited to claims for property damage, personal injury or death, arising out of the plan review and inspection process. (8) TOWN shall annually supply COUNTY with a Certificate of Insurance from the TOWN'S insurance carrier evidencing all the necessary insurance coverage for COUNTY and the Building Official or any authorized agent of the Department reviewing plans for construction within the TOWN and /or making inspections within the DOWN. Said insurance certificate and coverage shall be satisfactory to COUNTY'S Insurance Coordinator. COUNTY is not )bligated to undertake any action under this Agreement until the :OUNTY'S Insurance Coordinator has approved said insurance : ertificate and coverage. The approval by the COUNTY'S Insurance The Chairman thereupon declared the resolution duly passed and adopted this day of APPROVED AS TO FORM AND LEGAL SUFFICIENCY County Attorney 0 , 1983. PALM BEACH COUNTY, FLORIDA, BY ITS BOARD OF COUNTY COMMISSIONERS JOHN B. DUNKLE, Clerk By: Deputy Clerk