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Item K10BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: August 19, 2009 Bulk Item: Yes No Division: BOCC Department: Commissioner Mario DiGennaro Staff Contact Person: Tamara Lundstrand X6000 AGENDA ITEM WORDING: Approval of ILA with the City of Marathon to assist the City of Marathon with training of city code inspectors, and to allow the city to utilize the services of the County's Contractors Examining Board to provide contractor licensing and disciplinary functions. This ILA terminates the prior agreement and updates it. ITEM BACKGROUND: The County and the City of Marathon have a long standing agreement for use of the disciplinary services of the Contractor's Examining Board; this new ILA provides for County staff to train City inspectors and otherwise updates the prior agreement. This agreement provides for compensation to the County for use of its personnel in record keeping and training and allows Marathon to have fines and fees disbursed to the City. PREVIOUS RELEVANT BOCC ACTION: Prior ILA and amendments CONTRACT/AGREEMENT CHANGES: This ILA replaces the prior ILA and its amendments, STAFF RECOMMENDATIONS: Approval TOTAL COST: BUDGETED: Yes No X INDIRECT COST: DIFFERENTIAL OF LOCAL PREFERENCE: Not applicable COST TO COUNTY: -0- SOURCE OF FUNDS: REVENUE PRODUCING: Yes X No _ AMOUNT PER MONTH unknown, to be negotiated with City, expected to be minimal Year APPROVED BY: County Arty _ OMB/Purchasing Risk Management DOCUMENTATION: Included Not Required DISPOSITION: AGENDA ITEM # Revised 7/09 INTERLOCAL AGREEMENT This Interlocal Agreement (the "Agreement") entered into by and between the City of Marathon, a municipal corporation of the State of Florida, whose address if 10045-55 Overseas Highway, Marathon, Florida, (the "City"); and Monroe County, Florida, a political subdivision of the State of Florida, whose address is 1100 Simonton Street, Key West, Florida (the "County") WHEREAS, the City was created by Chapter 99-427, Laws of Florida, which approved the creation of the City of Marathon effective November 30, 1999; and WHEREAS, Chapter 99-427 provides that as of November 30, 1999, all municipal powers and duties within the City's boundaries shall be vested in the City Council until such time as the City Council delegates all or a portion thereof to another entity; and WHEREAS, both the City and County are interested in insuring continuity in the provision of contractor licensing and disciplinary functions within the City's corporate limits; and WHEREAS, pursuant to Sec. 6-263, Monroe County Code, the County has created a Local Contractor's Examining Board; and WHEREAS, the City desires to utilize the services of the County's Contractors Examining Board to provide contractor licensing and disciplinary functions as specifically set forth in this Agreement; and WHEREAS, the City's code enforcement officers will enforce the provisions contained in Article I1 of Chapter 6 of the City code through the County's Contractors Examining Board; and WHEREAS, pursuant to 489.127(1), the County shall be responsible for the administration of such citation program and training of the City's code enforcement officer; WHEREAS, pursuant to Sec. 6-270, Monroe County Code, the Local Contractors Examining Board has the power to oversee the regulation of contractors within the City's corporate limits; NOW THEREFORE, in consideration of the mutual consideration and promises set forth below, the parties agree as follows: 1. Authority to Enter Into Agreement and Authority to allow the City to Enforce the Provisions of 489.127(1), F.S.. This Agreement is entered into pursuant to Section 163.01, Florida Statutes and 489.127(1), Florida Statues. By entering into this agreement the County authorizes the City and its code inspectors to enforce the provisions of 489.127, Florida Statutes as set forth therein. 2. Definitions. For purposes of this Agreement, all definitions are the same as those contained in Article II of Chapter 6 of the City Code. The current Article 11 of Chapter 6 of the City Code contains the same provisions as did Article 11, Division 3 of Chapter 6 of the County Code as of November 30, 1999. 3. Transfers of Powers Relating to Contractor Licensing. a. The County shall, through its Contractors Examining Board ("CEB"), have and exercise all of the powers and duties granted to it in Chapter 6 of the City Code. The powers and duties under this agreement shall be performed by the CEB as required and pursuant to Chapter 6 of the City Code. b. The County shall, through its CEB, accept, review and process, as appropriate, application for contractor licenses and renewal of licenses for contractors who wish to engage in business in the City and issue or deny County certificates of competency for contractor including, but not limited to masters, journeymen, maintenance personnel and apprentices, including temporary, reciprocal and honorary certificates. c. The County shall authorize examinations and review results thereof, detennine equivalency of examinations, and issue or deny, as appropriate, certificates of competency. d. All of the foregoing functions shall be performed in accordance with County ordinances, rules, and regulations. Nothing in this Agreement prohibits the City from requiring occupational licenses of those contractors who have a place of business in the City. e. The City's code enforcement officers will enforce the provisions contained in Article 11 of Chapter 6 of the City code through the County's Contractors Examining Board. The City will issue its own citations, investigation and inspection all violations and provide any other functions as necessary for prosecution before the County's CEB. The City agrees to provide counsel to represent its inspectors before the CEB, if the City so desires representation for its inspectors. f. The City agrees to pay the County a fixed annual fee in the amount of to train the City inspectors, hold meetings before the CEB, retain counsel for the CEB and keep the records of the CEB pertaining to City cases. The City will receive all fines, costs, and fees that are awarded and collected by the CEB from City citations. The County will collect the fines, costs and fees and described above, but the County will not act as a collection agent nor will it seek enforcement of payment of fines, costs, and fees. g. The City and County agree that the County will collect all contractor licensing fees for applications, examinations, certification and renewal, record keeping and record making, as established by the City Code or applicable City resolutions. Theses fees, plus any other applicable fees collected by any other County department during the term of this Agreement for the provision of specified services listed herein, shall be retained by the County. 4. Transfers of Powers Relating to Contractor Discipline. The County shall, through the Contractors Examining Board conduct all disciplinary actions and hearings including, but not limited to, administrative suspensions, the imposition of administrative lines, the issuance of letters of reprimand, the ordering of suspensions, the revocation of licenses, investigations, and the appointment of special investigators, and shall adopt guidelines for the imposition of penalties. a. All of the foregoing functions shall be conducted pursuant to the City Code and all discipline will be issued in the City. b. The County CEB shall have complete authority to interpret Chapter 6 of the City Code as it relates to contractor licensing and discipline. Any administrative appeal of any decision or interpreting of Chapter 6 of the City Code made by the County staff, shall be heard by the CEB in accordance with the applicable provisions of the City Code. All appeals of any decision of the CEB shall be processed and heard in accordance with the procedures set forth in Chapter 6 of the City Code. 5. Training of Officers/Inspectors. The County will provide the necessary training to the City's officershnspectors as specified by the CEB. All officers appearing before the County's CEB will be subject to the training requirements pursuant to 489.127(1), Florida Statutes. Upon completion of said training by the City's officers/inspectors, the CEB will keep record of compliance of said training requirement. If the CEB determines it is necessary for a City officer/inspector to undergo additional training, the officers/inspector must comply in order to continue to enforce the provisions of Chapter 6 of the City Code and appear before the County's CEB. 6. Records. The County and City agree to comply with all applicable laws rel4arding record keepinIZ as it applies to their respective files and documents. 7. Activity Reports. The County will provide the City's Manager with an activity report after each regular meeting of the CEB with of all services provided to the City pursuant to this Agreement. The reports shall include the case style, case numbers, inspector assigned to the case and status of the case. When applicable, the report shall also include the next scheduled hearing or event. 8. Termination. This Agreement shall have term of two (2) years from the date the last party executes this agreement through the signature of its Mayor, unless earlier terminated or extended in accordance with this agreement. a. City or County may terminate this Agreement in whole or in part prior to the termination date by giving the other party (30) days written notice of such termination. Upon receipt of such notice, the parties shall promptly meet to negotiate and finalize the terms and conditions for a smooth transfer of the licensing functions, records, and appropriate fees. b. Should the City wish to continue to utilize the County's contractor licensing services, in whole or in part, after the tennination date, the city will notify the County in writing of its intention as soon as practical, but no later than thirty (30) days before the termination date. Upon receipt of such notice, the parties shall immediately meet to negotiate and finalize the terms and conditions of such extension. c. Any terms or conditions of this Agreement or any subsequent extension or amendment to this Agreement that require acts beyond the d ef th term of the Agreement, shall survive the termination of this Agreement and remain in full force and effect unless and until the terms or conditions are completed, and shall be fully enforceable by either party. 9. Notices. All notices hereunder must be in writing and shall be deemed validly given if hand delivered; sent by certified mail, return receipt requested, or overnight delivery addressed as follows (or any other address that the party notified may have designated to the sender by proper notice): For the County: Roman Gastesi County Administrator 1100 Simonton Street Key West, FL 33040 Andrew Trivette Growth Management Director Marathon Government Center 2798 Overseas Hwy. Marathon, FL 33050 County Attorney P.O. Box 1026 Key West, FL 33041-1026 For the City: Clyde Burnett City Manager 10045-55 Overseas Highway Marathon, FL 33050 Jimmy Morales City Attorney a. Unless otherwise required by law, any notice sent hereunder shall (subject to proof or receipt or refusal of same) be deemed to have been delivered on the same day if hand delivered, on the next business day if sent by overnight courier, or on the day of receipt or refusal, if send by certified or registered mail. 10. Amendments. This Agreement may be modified only by an agreement in writing authorized by the City Council of the City of Marathon and the Board of County Commissioners of Monroe County. 11. Indemnification. To the extent allowed by law, each party hereto shall be indemnify and save the other harmless from any and all claims, liability, losses and causes of action which may arise out of the other's actions in fulfillment of this Agreement. 12. Governing Law, Venue, Interpretation, Costs, and Fees. This Agreement shall be construed in accordance with the laws of the State of Florida. In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this Agreement, the parties agree that the venue shall lie in the 16t" Judicial Circuit, Monroe County, Florida in the appropriate count or before the appropriate administrative body. This Agreement shall not subject to arbitration. Mediation proceedings initiated and conducted pursuant to this Agreement shall be in accordance with the Florida Rules of Civil Procedure and usual and customary procedures required by the circuit court of Monroe County. 13. Adjudication of Disputes and Disagreements. The City and County agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each parties. If no resolution can be agreed upon within 30 days after the first meet and confer session, the issue or issues are still not resolved to the satisfaction of the parties, then any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. This provision does not negate the provisions regarding termination. 14. No personal Liability. No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agent or employee of Monroe County in his or her individual capacity, and non member, officer, agent, or employee of Monroe County shall be liable personally on this Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement. 15. Severability. Should any provision, paragraph, sentence word, or phrase contained in this Agreement be determined by a court of competent jurisdiction to be invalid, illegal or otherwise unenforceable under the law of the State of Florida, such provisions, paragraph, sentence, word, or phrase shall be deemed modified to the extent necessary in order to conform with such laws, then shall be deemed severable, and in this Agreement, shall remain unmodified and in full force and effect, unless the enforcement of the remaining terms would prevent accomplishment of the original intent of this Agreement. 16. Remedies. If any when any default of this Agreement occurs, the non -defaulting party may avail itself of any legal or equitable remedies that may apply, including but not limited to, actual damages and specific performance. a. Such remedies may be exercised in the sole discretion of the non - defaulting party. b. Nothing contained in this Agreement shall limit either party from pursuing any legal or equitable remedies that may apply. 17. Non -Waiver. No waiver by the city or the County of any provision hereof shall be deemed to have been made unless expressed in writing and signed by such party. a. No delay or omission in the exercise of any right or remedy accruing to the City or County upon breach under this Agreement shall impair such right to remedy or be construed as a waiver of any such breach. b. No waiver of any covenant or condition or of the breach of any covenant or condition of this Agreement shall constitute a waiver of any subsequent breach of such covenant or condition, or justify or authorize the nonobservance on any other occasion of the same or of any other covenant or condition of this Agreement. 18. Effective Date and Termination of Prior Agreement. Upon execution of this Agreement, the Interlocal Agreement entered into on September 18, 2002 between the parties, with an effective date of October 11, 2002 will be terminated. This agreement will become effective January 1, 2010. (SEAL) BOARD OF COUNTY COMMISSIONERS ATTEST: DANNY L. KOLHAGE, clerk OF MONROE COUNTY, FLORIDA By: Deputy Clerk (SEAL) ATTEST: By: City Clerk Date: By: George Neugent, Mayor Date: CITY OF MARATHON By: Mayor Date: iviONPIIOE COUNTY ATTORNEY Z4DROVED AS�T��OC]F9 14- 5C` �fA 3 i� Era W. �A�s � ASSISTANT 00U i�Y�A1TT09NEY Date��-I:f-�� - Monroe County Clerk's original 1NTERLOCAL AGREEMENT This Interlocal Agreement (the "Agreement") entered into by and between the City of Marathon, a municipal corporation of the State of Florida, whose address is 10045-55 Overseas Highway, Marathon, Florida, (the "City"); and Monroe County, Florida, a political subdivision of the State of Florida, whose address is Public Service Building, 5100 College Road, Key West, Florida (the "County"). WITNESSETH: WHEREAS, the City was created by Chapter 99-427, Laws of Florida, which approved the creation of the City of Marathon effective November 30, 1999; and WHEREAS, Chapter 99-427 provides that as of November 30, 1999, all municipal powers and duties within the City's boundaries shall be vested in the City Council until such time as the City Council delegates all or a portion thereof to another entity; and WHEREAS, both the City and the County are interested in insuring continuity in the provision of contractor licensing and disciplinary functions within the City's corporate limits; and WHEREAS, the City desires to utilize the services of the County to provide contractor licensing and disciplinary functions as specifically set forth in this Agreement. NOW THEREFORE, in consideration of the mutual consideration and promises set forth below, the parties agree as follows: 1. Authority to Enter Into Agreement 1.1 This Agreement is entered into pursuant to Section 163.01, Florida Statutes. 2. Definitions 2.1 For the purpose of this Agreement, all definitions are the same as those contained in Article II of Chapter 6 of the City Code.' The current Article II of Chapter 6 of the City Code contains the same provisions as did Article III of Chapter 6 of the County Code as of November 30, 1999. 3. Transfer of Powers Relating to Contractor Licensing 3.1 The County shall, through its Contractors Examining Board, have and exercise all of the powers and duties granted to it in Chapter 6 of the City Code.Z The powers and duties under this agreement shall be performed by the Contractors Examining Board as required and pursuant to Chapter 6 of the City Code. 3.2 The County shall, through its Contractors Examining Board, accept, review and process, as appropriate, applications for contractor licenses and renewal of licenses for contractors who wish to engage in business in the City and issue or deny County certificates of competency for contractors including, but not limited to masters, journeymen, maintenance personnel and apprentices, including temporary, reciprocal and honorary certificates. / The City amended Chapter 6 of the Code by Ordinance 02-07-11, which renumbered the article on Contractor Licensing and Discipline but did not change its substance. 2 / Pursuant to Ordinance No. 01-01-01 of the City of Marathon, Florida, the City adopted the applicable provisions of the Monroe County Code, as it existed on the effective date of the City's incorporation, as the City Code. 2 3.3 The County shall authorize examinations and review results thereof, determine equivalency of examinations, and issue or deny, as appropriate, certificates of competency. 3.4 All of the foregoing functions shall be performed in accordance with County ordinances, rules, and regulations. Nothing in this agreement prohibits the City from requiring occupational licenses of those contractors who have a place of business in the City. 3.5 The County shall comply with the record making and record keeping requirements of Chapter 6 of the City Code. 3.6 The City and County agree that the County will collect all contractor licensing fees for applications, examinations, certification and renewal, record keeping and record making, as established by the City Code or applicable City resolutions. These fees, plus any other applicable fees collected by any other County department during the term of this Agreement for the provision of specified services listed herein, shall be retained by the County as full compensation for services rendered to the City pursuant to this Agreement. 4. Transfer of Powers Relating to Contractor Discipline 4.1 The County shall, through the Contractors Examining Board conduct all disciplinary actions and hearings including, but not limited to, administrative suspensions, the imposition of administrative fines, the issuance of letters of reprimand, the ordering of suspensions, the 3 revocation of licenses, investigations, and the appointment of special investigators, and shall adopt guidelines for the imposition of penalties. 4.2 Whenever possible, the County shall recover the costs for the services provided under this section from the contractors who are disciplined, through its power to fine or assess costs against the contractor. If the amount of the fine or costs exceeds the cost to the County, said excess shall be credited to the City. If the cost of enforcement exceeds the fine or fee, or no fee is recovered, the City shall be charged and shall pay the difference. Services rendered by the Contractors Examining Board to the City pursuant to this Agreement shall be governed by this agreement only with respect to contractor conduct within the City. 4.3 All of the foregoing functions shall be conducted pursuant to the City Code; and all discipline will be issued in the naive of the City. 4.4 The County shall comply with the record snaking and record keeping requirements of Chapter 6 of the City Code. 4.5 The County Contractor Examining Board shall have complete authority to interpret Chapter 6 of the City Code as it relates to contractor licensing and discipline. Any administrative appeal of any decision or interpretation of Chapter 6 of the City Code made by the County staff, shall be heard by the Contractor Examining Board in accordance with the applicable provisions of the City Code. All appeals of any decision of the Contractor Examining Board shall be processed and heard in accordance with the procedures set forth in Chapter 6 of the City Code. 4 4.6 If the County chooses to voluntarily waive a fine or not recover its costs, the City shall not be required to reimburse the County. Services rendered by the Contractors Examining Board to the City pursuant to this Agreement shall be governed by this agreement only with respect to contractor conduct within the City. 5. Activity Beworts 5.1 The County will provide the City with a bimonthly activity report of all services provided to the City pursuant to this Agreement. The County will also provide to the City upon demand an activity report of all services rendered to the City pursuant to this agreement. 6. Inv©ices 6.1 The County shall submit invoices for reimbursement on a quarterly basis for review and approval by the City Manager or designee. The County must submit the invoice to the City within three (3) weeks after the end of the quarter. The invoices shall only apply to expenses related to the services provided under this agreement. The invoices shall include sufficient detail for the City Manager or designee to determine whether the invoice is related to the services provided under this agreement. If the City Manager or designee determines that the invoices are not specific enough, the County shall provide additional information to allow the City Manger or designee to make the determination. The City shall pay the County in y accordance with Sections 218.70 through 218.79, Florida Statutes, (the "Florida Prompt Payment Act") 7. Termination 7.1 This Agreement shall have a terra of two (2) years from the date last party executes this agreement through the signature of its Mayor (the "Termination Date"), unless earlier terminated or extended in accordance with paragraphs 7.2 or 7.3 below. 7.2 City or County may terminate this Agreement in whole or part prior to the Termination Date by giving the other party thirty (30) days written notice of such termination. Upon receipt of such notice, the parties shall immediately meet to negotiate and finalize the terms and conditions of the smooth transfer of the licensing functions, records, and appropriate fees. 7.3 Should the City wish to continue to utilize the County's contractor licensing services, in whole or in part, after the Termination Date, the City will notify the County in writing of its intention as soon as practical, but no later than thirty (30) days before the Termination Date. Upon receipt of such notice, the parties shall immediately meet to negotiate and finalize the terms and conditions of such extension.. 7.4 Any terms or conditions of this Agreement or any subsequent extension or amendment to this Agreement that require acts beyond the date of the term of the Agreement, shall survive the termination of this Agreement, shall remain in full force and effect unless and until the terms or conditions are completed, and shall be fully enforceable by either party. 7 8. Notices 8.1 All notices hereunder must be in writing and shall be deemed validly given if hand delivered; sent by certified mail, return receipt requested, or overnight delivery addressed as follows (or any other address that the party to be notified may have designated to the sender by proper notice): The County: Mr. James Roberts County Administrator Monroe County Public Service Building, Wing II 5100 College Road, Stock Island Key West, Florida 33040 A copy to: County Attorney P.O. Box 1026 Key West, Florida 33041-1026 City: Craig Wrathell City Manager City of Marathon 10045-55 Overseas Highway Marathon, Florida 33050 A copy to: Nina L. Boniske, Esq. John R. Herin, Jr., Esq. City Attorney City of Marathon Weiss, Serota, Helf nan, Pastoriza & Guedes, P.A. 2665 South Bayshore Drive, Suite 420 Miami, Florida 33133 8.2 Unless otherwise required by law, any notice sent hereunder shall (subject to proof of receipt or refusal of same) be deemed to have been delivered on the same day if hand -delivered, on the next business day if sent by overnight courier, or on the day of receipt or refusal, if sent by certified or registered mail. 14 9. Amendments This Agreement may be modified only by an agreement in writing authorized by the City Council of the City of Marathon and the Board of County Commissioners of Monroe County. 10. Indemnification To the extent allowed by law, each party hereto shall indemnify and save the other harmless from any and all claims, liability, losses, and causes of action which may arisc out of the other's actions in fulfillment of this Agreement.. 11. Law This Agreement shall be construed in accordance with the laws of the State of Florida. The venue for any lawsuit arising out of this Agreement shall be Middle Keys Division, Monroe County, Florida. 12. Severability Should any provision, paragraph, sentence, word, or phrase contained in this Agreement be determined by a court of competent jurisdiction to be invalid, illegal, or otherwise unenforceable under the laws of the State of Florida, such provision, paragraph, sentence, word, or phrase shall be deemed modified to the extent necessary in order to conform with such laws, then shall be deemed severable, and in this Agreement, shall remain unmodified and in full force and effect, 13. Remedies E 13.1 If and when any default of this Agreement occurs, the non -defaulting party may avail itself of any legal or equitable remedies that may apply, including, but not limited to, actual damages and specific performance. 13.2 Such remedies may be exercised in the sole discretion of the non - defaulting party. 13.3 Nothing contained in this Agreement shall limit either party from pursuing any legal or equitable remedies that may apply. 14. Non -Waiver 14.1 No waiver by the City or the County of any provision hereof shall be deemed to have been made unless expressed in writing and signed by such party. 14.2 No delay or omission in the exercise of any right or remedy accruing to the City or County upon any breach under this Agreement shall impair such right to remedy or be construed as a waiver of any such breach. 14.3 No waiver of any covenant or condition or of the breach of any covenant or condition of this Agreement shall constitute a waiver of any subsequent breach of such covenant or condition, or justify or authorize the nonobservance on any other occasion of the same or of any other covenant or condition of this Agreement. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK 10 W. A IN WITNESS WHEREOF the parties have caused this Agreement to be executed on their behalf as to the date first above written. ATTEST: DANNY L. KOLHAGE, (SEAL) APPROVED AS TO FORM AND LEGAL SUFFICIENCY: By: Attorney ATTEST: By: -- City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY: By: City Attorney BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, a political subdivision of the State of Florida By: Mayor DATE: September 18, 2002 APPROVED AS TO FORM AND WUFFICIENCY. BY SUZANNP A. UTTON CITY OF MARATHON, FLORIDA, a municipal corporation of the State of Florida y: oABW1r' or?µ n• DATE: jF .;. 'n -<t..) r n � 11 AMENDMENT TO AGREEMENT THI ADDENDUM to Interlocal Agreement is made and entered into this day of 2005, between the Board of County Commissioners, Monroe County, Florida (her inafter referred to as County) and the City of Marathon (hereinafter referred to as City). WHEREAS, there was an Interlocal Agreement entered into on September 18, 2002, between the parties, with an effective date of October 11, 2002, for the County to provide to City contractor licensing and disciplinary services through the Monroe County Contractors Examining Board; and WHEREAS, said agreement had a two year term; and WHEREAS, the agreement allows for the agreement to be extended upon such terms as the parties may agree; and WHEREAS, it is deemed in the public interest to, continue said agreement from its natural termination date; NOW, THEREFORE, in consideration of the mutual covenants contained herein the parties agree to the amended agreement as follows: 1. The Interlocal Agreement executed by the County on September 18, 2002, and by the City on October 11, 2002, shall be extended for the period from October 11, 2004, through September 30, 2007. 2. The remaining provisions of the specified Interlocal Agreement, not inconsistent herewith, shall remain in full force and effect. IN WITNESS WHEREOF, the parties have set their hands and seal on the day and year first above written. City of (SEAL) ATTEST, CLEFS—I,TY OF w T W L. KOLHAGE, CLERK Dep ty Clerk M 0 N R 0 E .,JNT`( A. O ZA V BOARD OF COUNTY COMMISSIONERS OF -o MONROE COUNTY, FLORIOk2'C= i13 _ RNEY Mayor/Chairman Race_.._ SECOND AMENDMENT TO INTERLOCAL AGREEMENT THIS SECOND AMENDMENT TO INTERL CAL AGREEMENT ("Agreement") is made and entered into this /�f day of f . � , 2007, between the Board of County Commissioners of Monroe County, Florida ("County") and the City of Marathon, Florida, ("Cit)"). WHEREAS, the parties entered into an Interlocal Agreement on September 18, 2002, with an effective date of October 11, 2002, for the County to provide to City contractor licensing and disciplinary services through the Monroe County Contractors Examining Board; and WHEREAS, the Interlocal Agreement had a two year term and allowed for the Agreement to be extended upon such terms as the parties may agree; and WHEREAS, the Agreement was amended by the parties on May 18, 2005 extending the term for the period beginning October 11, 2004 through September 30, 2007; and WHEREAS, it is deemed in the public interest to continue the Agreement beyond its natural termination date; NOW THEREFORE, IN CONSIDERATION of the mutual covenants contained herein, the pagt'es agree to the Second Amendment to the Interlocal Agreement as follows: ram. c. mil. `]JiAterlocal Agreement shall be extended for the period beginning October 1, 2007 hough September 30, 2010. — 2. 446'tkes under paragraph 8.1 shall be provided to the current County Administrator, City w ,,i ger and attorneys for the parties. ! CJ ,r r� 4 < N 3."TTh±'e remaining provisions of the specified Interlocal Agreement, not inconsistent herewith, shall remain in full force and effect. IN WITNESS WHEREOF, the parties have set their bands and seal on the day and first above written. (SEAL) ATTEST: DkNNY L. KOLHAGE, CLERK BY: 010— {t.r� Deputy Clerk (SEAL) ATTEST: CLERK, CITY OF MARATHON By: dJ l.l� ►'l� City Clerk BOARD OF COUNTY COMMISSIONER, OF MONROE COUNTY, FLORIDA By: Mayor ON Q S "S0n!S' M11�� CITY OF MARATHON, FLORIDA By: Ma�or Christopher Bull BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY ITEM K-10 * REVISED BACK —DP. Meeting Date: A� Mst 1 2OU9 Division: BOCC Bulk Item: Yes No Department: Commissioner Mario DiGennaro Stair Contact Person: Tamara Lundstrand X6000 AGENDA ITEM WORDING: Approval of ILA with the City of Marathon to assist the City of Marathon with training of city code inspectors, and to allow the city to utilize the services of the County's Contractors Examining Board to provide contractor licensing and disciplinary functions. This ILA terminates the prior agreement and updates it. ITEM BACKGROUND: The County and the City of Marathon have a long standing agreement for use of the disciplinary services of the Contractor's Examining Board; this new ILA provides for County staff to train City Inspectors and otherwise updates the prior agreement. This agreement provides for compensation to the County for use of its personnel in record keeping and training and allows Marathon to have fines and fees disbursed to the City. PREVIOUS RELEVANT BOCC ACTION: Prior ILA and amendments CONTRACT/AGREEMENT CHANGES: This ILA replaces the prior ILA and its amendments, STAFF RECOMMENDATIONS: Approval TOTAL COST: BUDGETED: Yes No X INDIRECT COST: DIFFERENTIAL OF LOCAL PREFERENCE: Not applicable COST TO COUNTY: -0- SOURCE OF FUNDS: REVENUE PRODUCING: Yes X No — AMOUNT PER MONTH unknown, to be negotiated with Cj% v=cted to be minimal Year APPROVED BY: County Arty _ _,,,, OMB/Purchasing Risk Management DOCUMENTATION: Included Not Required DISPOSITION: AGENDA ITEM ## x-10— * REVISED BACK —DP * Revised 7/09 INTERLOCAL AGREEMENT This Interlocal Agreement (the "Agreement") entered into by and between the City of Marathon, a municipal corporation of the State of Florida, whose address is 9805 Overseas Highway, Marathon, Florida, (the "City"); and Monroe County, Florida, a political subdivision of the State of Florida, whose address is 1100 Simonton Street, Key West, Florida (the "County") WHEREAS, the City was created by Chapter 99-427, Laws of Florida, which approved the creation of the City of Marathon effective November 30, 1999; and WHEREAS, Chapter 99-427 provides that as of November 30, 1999, all municipal powers and duties within the City's boundaries shall be vested in the City Council until such time as the City Council delegates all or a portion thereof to another entity; and WHEREAS, both the City and County are interested in insuring continuity in the provision of contractor licensing and disciplinary functions within the City's corporate limits; and WHEREAS, pursuant to Sec. 6-263, Monroe County Code, the County has created a Local Contractor's Examining Board; and WHEREAS, the City desires to utilize the services of the County's Contractors Examining Board to provide contractor licensing and disciplinary functions as specifically set forth in this Agreement; and WHEREAS, the City's code enforcement officers will enforce the provisions contained in Article II of Chapter 6 of the City code through the County's Contractors Examining Board; and WHEREAS, pursuant to 489.127(1), the County shall be responsible for the administration of such citation program and training of the City's code enforcement officer; WHEREAS, pursuant to Sec. 6-270, Monroe County Code, the Local Contractors Examining Board has the power to oversee the regulation of contractors within the City's corporate limits; NOW THEREFORE, in consideration of the mutual consideration and promises set forth below, the parties agree as follows: 1. Authority to Enter Into Agreement and Authority to allow the City to Enforce the Provisions of 489.127(1), F.S.. This Agreement is entered into pursuant to Section 163.01, Florida Statutes and 489.127(1), Florida Statues. By entering into this agreement the County authorizes the City and its code inspectors to enforce the provisions of 489.127, Florida Statutes as set forth therein. 2. Definitions. For purposes of this Agreement, all definitions are the same as those contained in Article Il of Chapter 6 of the City Code. The current Article II of Chapter 6 of the City Code contains the same provisions as did Article Il, Division 3 of Chapter 6 of the County Code as of November 30, 1999. 3. Transfers of Powers Relating to Contractor Licensing. a. The County shall, through its Contractors Examining Board ("CEB"), have and exercise all of the powers and duties granted to it in Chapter 6 of the City Code. The powers and duties under this agreement shall be performed by the CEB as required and pursuant to Chapter 6 of the City Code. 2 b. The County shall, through its CEB, accept, review and process, as appropriate, application for contractor licenses and renewal of licenses for contractors who wish to engage in business in the City and issue or deny County certificates of competency for contractor including, but not limited to masters, journeymen, maintenance personnel and apprentices, including temporary, reciprocal and honorary certificates. c. The County shall authorize examinations and review results thereof, determine equivalency of examinations, and issue or deny, as appropriate, certificates of competency. d. All of the foregoing functions shall be performed in accordance with County ordinances, rules, and regulations. Nothing in this Agreement prohibits the City from requiring occupational licenses of those contractors who have a place of business in the City. e. The City's code enforcement officers will enforce the provisions contained in Article II of Chapter 6 of the City code through the County's Contractors Examining Board. The City will issue its own citations, investigation and inspection all violations and provide any other functions as necessary for prosecution before the County's CEB. The City agrees to provide counsel to represent its inspectors before the CEB, if the City so desires representation for its inspectors. f. The City agrees to pay the County an initial fixed annual fee in the amount of $5,000.00 to train the City inspectors, hold meetings before the CEB, retain counsel for the CEB and keep the records of the CEB pertaining to 9 City cases. The City will receive all fines, costs, and fees that are awarded and collected by the CEB from City citations. The County will collect the fines, costs and fees and described above, but the County will not act as a collection agent nor will it seek enforcement of payment of fines, costs, and fees. g. The City and County agree that the County will collect all contractor licensing fees for applications, examinations, certification and renewal, record keeping and record making, as established by the City Code or applicable City resolutions. Theses fees, plus any other applicable fees collected by any other County department during the term of this Agreement for the provision of specified services listed herein, shall be retained by the County. 4. Transfers of Powers Relating to Contractor Discipline. The County shall, through the Contractors Examining Board conduct all disciplinary actions and hearings including, but not limited to, administrative suspensions, the imposition of administrative fines, the issuance of letters of reprimand, the ordering of suspensions, the revocation of licenses, investigations, and the appointment of special investigators, and shall adopt guidelines for the imposition of penalties. a. All of the foregoing functions shall be conducted pursuant to the City Code and all discipline will be issued in the City. b. The County CEB shall have complete authority to interpret Chapter 6 of the City Code as it relates to contractor licensing and discipline. Any administrative appeal of any decision or interpreting of Chapter 6 of the C! City Code made by the County staff, shall be heard by the CEB in accordance with the applicable provisions of the City Code. All appeals of any decision of the CEB shall be processed and heard in accordance with the procedures set forth in Chapter 6 of the City Code. 5. Training of Officers/Inspectors. The County will provide the necessary training to the City's officers/inspectors as specified by the CEB. All officers appearing before the County's CEB will be subject to the training requirements pursuant to 489.127(1), Florida Statutes. Upon completion of said training by the City's officers/inspectors, the CEB will keep record of compliance of said training requirement. If the CEB determines it is necessary for a City officer/inspector to undergo additional training, the officers/inspector must comply in order to continue to enforce the provisions of Chapter 6 of the City Code and appear before the County's CEB. 6. Records. The County and City agree to comply with all applicable laws regarding record keeping as it applies to their respective files and documents. 7. Activity Reports. The County will provide the City's Manager with an activity report after each regular meeting of the CEB with -all services provided to the City pursuant to this Agreement. The reports shall include the case style, case numbers, inspector assigned to the case and status of the case. When applicable, the report shall also include the next scheduled hearing or event. 8. Termination. This Agreement shall have term of two (2) years from the date the last party executes this agreement through the signature of its Mayor, unless earlier terminated or extended in accordance with this agreement. 6 a. City or County may terminate this Agreement in whole or in part prior to the termination date by giving the other party (30) days written notice of such termination. Upon receipt of such notice, the parties shall promptly meet to negotiate and finalize the terms and conditions for a smooth transfer of the licensing functions, records, and appropriate fees. b. Should the City wish to continue to utilize the County's contractor licensing services, in whole or in part, after the termination date, the city will notify the County in writing of its intention as soon as practical, but no later than thirty (30) days before the termination date. Upon receipt of such notice, the parties shall immediately meet to negotiate and finalize the terms and conditions of such extension. c. Any terms or conditions of this Agreement or any subsequent extension or amendment to this Agreement that require acts beyond the term of the Agreement, shall survive the termination of this Agreement and remain in full force and effect unless and until the terms or conditions are completed, and shall be fully enforceable by either party. 9. Notices. All notices hereunder must be in writing and shall be deemed validly given if hand delivered; sent by certified mail, return receipt requested, or overnight delivery addressed as follows (or any other address that the party notified may have designated to the sender by proper notice): For the County: Roman Gastesi County Administrator 1100 Simonton Street Key West, FL 33040 rel Andrew Trivette Growth Management Director Marathon Government Center 2798 Overseas Hwy. Marathon, FL 33050 County Attorney P.O. Box 1026 Key West, FL 33041-1026 For the City: Clyde Burnett City Manager 9805 Overseas Highway Marathon, FL 33050 Jimmy Morales, City Attorney Stearns Weaver Weissler Alhadeff & Sitterson, P.A. 150 Flagler Street, Suite 2200 Miami, FL 33103 a. Unless otherwise required by law, any notice sent hereunder shall (subject to proof or receipt or refusal of same) be deemed to have been delivered on the same day if hand delivered, on the next business day if sent by overnight courier, or on the day of receipt or refusal, if send by certified or registered mail. 10. Amendments. This Agreement may be modified only by an agreement in writing authorized by the City Council of the City of Marathon and the Board of County Commissioners of Monroe County. 11. Indemnification. To the extent allowed by law, each party hereto shall be indemnify and save the other harmless from any and all claims, liability, losses and causes of action which may arise out of the other's actions in fulfillment of this Agreement. 7 12. Governing Law, Venue, Interpretation, Costs, and Fees. This Agreement shall be construed in accordance with the laws of the State of Florida. In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this Agreement, the parties agree that the venue shall lie in the 161h Judicial Circuit, Monroe County, Florida in the appropriate count or before the appropriate administrative body. This Agreement shall not subject to arbitration. Mediation proceedings initiated and conducted pursuant to this Agreement shall be in accordance with the Florida Rules of Civil Procedure and usual and customary procedures required by the circuit court of Monroe County. 13. Adjudication of Disputes and Disagreements. The City and County agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each parties. If no resolution can be agreed upon within 30 days after the first meet and confer session, the issue or issues are still not resolved to the satisfaction of the parties, then any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. This provision does not negate the provisions regarding termination. 14. No personal Liability. No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agent or employee of Monroe County in his or her individual capacity, and non member, officer, agent, or employee of Monroe County shall be liable personally on this Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement. 0 15. Severability. Should any provision, paragraph, sentence word, or phrase contained in this Agreement be determined by a court of competent jurisdiction to be invalid, illegal or otherwise unenforceable under the law of the State of Florida, such provisions, paragraph, sentence, word, or phrase shall be deemed modified to the extent necessary in order to conform with such laws, then shall be deemed severable, and in this Agreement, shall remain unmodified and in full force and effect, unless the enforcement of the remaining terms would prevent accomplishment of the original intent of this Agreement. 16. Remedies. If any when any default of this Agreement occurs, the non -defaulting party may avail itself of any legal or equitable remedies that may apply, including but not limited to, actual damages and specific performance. a. Such remedies may be exercised in the sole discretion of the non - defaulting party. b. Nothing contained in this Agreement shall limit either party from pursuing any legal or equitable remedies that may apply. 17. Non -Waiver. No waiver by the city or the County of any provision hereof shall be deemed to have been made unless expressed in writing and signed by such party. a. No delay or omission in the exercise of any right or remedy accruing to the City or County upon breach under this Agreement shall impair such right to remedy or be construed as a waiver of any such breach. b. No waiver of any covenant or condition or of the breach of any covenant or condition of this Agreement shall constitute a waiver of any subsequent OJ breach of such covenant or condition, or justify or authorize the nonobservance on any other occasion of the same or of any other covenant or condition of this Agreement. 18. Effective Date and Termination of Prior Agreement. Upon execution of this Agreement, the Interlocal Agreement entered into on September 18, 2002 between the parties, with an effective date of October 11, 2002 will be terminated. This agreement will become effective January 1, 2010. (SEAL) BOARD OF COUNTY COMMISSIONERS ATTEST: DANNY L. KOLHAGE, clerk OF MONROE COUNTY, FLORIDA By: Deputy Clerk By: George Neugent, Mayor Date: (SEAL) ATTEST: CITY OF MARATHON By:_ Date: City Clerk By:_ Date: Mayor AT T �.�, D eye TCi F9 �I M Monroe County Clerks Original INTERLOCAL AGREEMENT This Interlocal Agreement (the "Agreement") entered into by and between the City of Marathon, a municipal corporation of the State of Florida, whose address is 10045-55 Overseas Highway, Marathon, Florida, (the "City"); and Monroe County, Florida, a political subdivision of the State of Florida, whose address .is Public Service Building, 5100 College Road, Key Vilest, Florida (the "County"). WITNESSETH: WHEREAS, the City was created by Chapter 99-427, Laws of Florida, which - approved the creation of the City of Marathon effective November 30, 1999; and WHEREAS, Chapter 99-427 provides that as of November 30, 1999, all municipal powers and duties within the City's boundaries shall be vested in the City Council until such tune as the City Council delegates all or a portion thereof to another entity; and WHEREAS, both the City and the County are interested in insuring continuity in the provision of contractor licensing and disciplinary functions within the City's corporate limits; and WHEREAS, the City desires to utilize the services of the County to provide contractor licensing and disciplinary functions as specifically set forth in this Agreement. NOW THEREFORE, in consideration of the mutual consideration and promises set forth below, the parties agree as follows: 1. Authority to Enter Into Aereemertt 1.1 This Agreement is entered into pursuant to Section 163.01, Florida Statutes. 2. Definitions 2.1 For the purpose of this Agreement, all definitions are the same as those contained in Article H of Chapter 6 of the City Code.' The current Article 11 of Chapter 6 of the City Code contains the same provisions as did Article III of Chapter 6 of the County Code as of November 30, 1999. _ 3. Transfer of Powers Relating to Coatractor Licensing 3.1 The County shall, through its Contractors Examining Board, have and exercise all of the powers and duties granted to it in Chapter 6 of the City Code. The powers and duties under this agreement shall be performed by the Contractors Examining Board as required and pursuant to Chapter 6 of the City Code. 3.2 The County shall, through: its Contractors Examining Board, accept, review and process, as appropriate, applications for contractor licenses and renewal of licenses for contractors who wish to engage in business in the City and issue or deny County certificates of competency for contractors including, but not limited to masters, journeymen, maintenance personnel and apprentices, including temporary, reciprocal and honorary certificates. / The City amended Chapter 6 of the Code by Ordinance 02-07-11, which renumbered the article on Contractor Licensing and Discipline but did not change its substance. 21 Pursuant to Ordinance No. 01-01-01 of the City of Marathon, Florida, the City adopted the applicable provisions of the Monroe County Code, as it existed on the effective date of the City's incorporation, as the City Code. 3.3 The County shall authorize examinations and review results thereof, determine equivalency of examinations, and issue or deny, as appropriate, certificates of competency. 3.4 All of the foregoing functions shall be performed in accordance with County ordinances, rules, and regulations. Nothing in this agreement prohibits the City from requiring occupational licenses of those contractors who have a place of business in the City. 3.5 The County shall comply with the record making and record keeping _ requirements of Chapter 6 of the City Code, 3.6 The City and County agree that the County will collect all contractor licensing fees for applications, examinations, certification and renewal, record keeping and record making, as established by the City Code or applicable City resolutions. These fees, plus any other applicable fees collected by any other County department during the term of this Agreement for the provision of specified services listed herein, shall be retained by the County as full compensation for services rendered to the City pursuant to this Agreement. 4. Transfer of Powers Relating to Contractor Discipline 4.1 The County shall, through the Contractors Examining Board conduct all disciplinary actions and hearings including, but not limited to, administrative suspensions, the imposition of administrative fines, the issuance of letters of reprimand, the ordering of suspensions, the 3 revocation of licenses, investigations, and the appointment of special investigators, and shall adopt guidelines for the imposition of penalties. 4.2 Whenever possible, the County shall recover the costs for the services provided under this section from the contractors who are disciplined, through its power to fine or assess costs against the contractor. If the amount of the fine or costs exceeds the cost to the County, said excess shall be credited to the City. If the cost of enforcement exceeds the fine or fee, or no fee is recovered, the City shall be charged and shall pay the difference. Services rendered by the Contractors Examining Board to the City pursuant to this Agreement shall be governed by this agreement only with respect to contractor conduct within the City. 4.3 All of the foregoing functions shall be conducted pursuant to the City Code; and all discipline will be issued in the name of the City. 4.4 The County shall comply with the record making and record keeping requirements of Chapter 6 of the City Code. 4.5 The County Contractor Examining Board shall have complete authority to interpret Chapter 6 of the City Code as it relates to contractor licensing and discipline. Any administrative appeal of any decision or interpretation of Chapter 6 of the City Code made by the County staff, shall be heard by the Contractor Examining Board in accordance with the applicable provisions of the City Code. All appeals of any decision of the Contractor Examining Board shall be processed and heard in accordance with the procedures set forth in Chapter 6 of the City Code. 4 4.6 If the County chooses to voluntarily waive a fine or not recover its costs, the City shall not be required to reimburse the County. Services rendered by the Contractors Examining Board to the City pursuant to this Agreement shall be governed by this agreement only with respect to contractor conduct within the City. 5. Activity Rcuorts 5.1 The County will provide the City with a bi-monthly activity report of all services provided to the City pursuant to this Agreement. The County will also provide to the City upon demand an activity report of all services rendered to the City pursuant to this agreement. 6. Invoices 6.1 The County shall submit invoices for reimbursement on a quarterly basis for review and approval by the City Manager or designee. The County must submit the invoice to the City within three (3) weeks after the end of the quarter. The invoices shall only apply to expenses related to the services provided under this agreement. The invoices shall include sufficient detail for the City Manager or designee to determine whether the invoice is related to the services provided under this agreement. If the City Manager or designee determines that the invoices are not specific enough, the County shall provide additional information to allow the City Manger or designee to make the determination. The City shall pay the County in 5 accordance with Sections 218.70 through 218.79, Florida Statutes, (the "Florida Prompt Payment Act" }. 7. Termination 7.1 This Agreement shall have a term of two (2) years from the date last party executes this agreement through the signature of its Mayor (the "Termination Date"), unless earlier terminated or extended in accordance with paragraphs 7.2 or 7.3 below. 7.2 City or County may terminate this Agreement in whole or part prior to the Termination Date by giving the other party thirty (30) days written notice of such termination. Upon receipt of such notice, the parties shall immediately meet to negotiate and finalize the terms and conditions of the smooth transfer of the licensing functions, records, and appropriate fees. 7.3 Should the City wish to continue to utilize the County's contractor licensing services, in whole or in part, after the Termination Date, the City will notify the County in writing of its intention as soon as practical, but no later than thirty (30) days before the Termination Date. Upon receipt of such notice, the parties shall immediately meet to negotiate and fmalize the terms and conditions of such extension. 7.4 Any terms or conditions of this Agreement or any subsequent extension or amendment to this Agreement that require acts beyondthe date of the term of the Agreement, shall survive the termination of this Agreement, shall remain in full force and effect unless and until the terms or conditions are completed, and shall be fully enforceable by either party. 7 8. Notices 8.1 All notices hereunder must be in writing and shall be deemed validly given if hand delivered; sent by certified mail, return receipt requested, or overnight delivery addressed as follows (or any other address that the party to be notified may have designated to the sender by proper notice): The County: Mr. James Roberts County Administrator Monroe County Public Service Building, Wing II 5100 College Road, Stock island _ Key West, Florida 33040 A copy to: County Attorney P.Q. Box 1026 Key West, Florida 33041-1026 City: Craig Wrathell City Manager City of Marathon 10045-55 Overseas Highway Marathon, Florida 33050 A copy to: Nina L. Boniske, Esq. John R. Herin, Jr., Esq. City Attorney City of Marathon Weiss, Serota, Helfinan, Pastoriza & Guedes, P.A. 2665 South Bayshore Drive, Suite 420 Miami, Florida 33133 8.2 Unless otherwise required by law, any notice sent hereunder shall (subject to proof of receipt or refusal of same) be deemed to have been delivered on the same day if hand -delivered, on the next business day if sent by overnight courier, or on the day of receipt or refusal, if sent by certified or registered mail. 9. Amendments This Agreement may be modified only by an agreement in writing authorized by the City Council of the City of Marathon and the Board of County Commissioners of Monroe County. 10. Indemnification To the extent allowed by law, each party hereto shall indemnify and save the other harmless from any and all claims, liability, losses, and causes of action which may arise _ out of the other's actions in fulfillment of this Agreement., 11. Law This Agreement shall be construed in accordance with the laws of the State of Florida. The venue -for any lawsuit arising out of this Agreement shall be Middle Keys Division, Monroe County, Florida. 12. Seyerability Should any provision, paragraph, sentence, word, or phrase contained in this Agreement be determined by a court of competent ,jurisdiction to be invalid, illegal, or otherwise unenforceable under the laws of the State of Florida, such provision, paragraph, sentence, word, or phrase shall be deemed modified to the extent necessary in order to conform with such laws, then shall be deemed severable, and in this Agreement, shall remain unmodified and in full force and effect. 13. Remedies 0 13.1 If and when any default of this Agreement occurs, the non -defaulting party may avail itself of any legal or equitable remedies that may apply, including, but not limited to, actual damages and specific performance. 13.2 Such remedies may be exercised in the sole discretion of the non - defaulting party. 13.3 Nothing contained in this Agreement shall limit either party from pursuing any legal or equitable remedies that may apply. 14. Non -Waiver - 14.1 No waiver by the City or the County of, any provision hereof shall be deemed to have been wade unless expressed in writing and signed by such ply. 14.2 No delay or omission in the exercise of any right or remedy accruing to the City or County upon any breach under this Agreement shall impair such right to remedy or be construed as a waiver of any such breach. 14.3 No waiver of any covenant or condition or of the breach of any covenant or condition of this Agreement shall constitute a waiver of any subsequent breach of such covenant or condition, or justify or authorize the nonobservance on any other occasion of the same or of any other covenant or condition of this Agreement. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK 10 0 A 15% IN WITNESS V*IMREOF the parties have caused this Agreement to be executed on their behalf as to the date first above written. ATTEST: DANNY L. KOLHAGE, (SEAL) APPROVED AS TO FORM AND LEGAL SUFFICIENCY: By: Attorney. ATTEST: By: !% City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY: By: City Attorney BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, a political subdivision of the State of Florida By: Mayor DATE: September 18, 2002 APPROVED AS TO FORM AND L UFFICIENCY. BY SUZAN4ko:?== N TTC�N DATE -- CITY OF MARATHON, FLORIDA, a municipal corporation of the State of Florida cy DATE: bar i/ a cao; zi . C,, .<Cj r a m I I to U r-- rn 0 a m C7 C7 a AMENDMENT TO AGREEMENT 4(her ADDENDUM to Interlocal Agreement is made and entered into this day of2 ;W between the Board of County Commissioners, Monroe County, Floridaafter referred to as County) and the City of Marathon (hereinafter referred to as City). WHEREAS, there was an lnterlocal Agreement entered into on September 18, 2002, between the parties, with an effective date of October 11, 2002, for the County to provide to City contractor licensing and disciplinary services through the Monroe County Contractors Examining Board; and WHEREAS, said agreement had a two year term; and WHEREAS, the agreement allows for the agreement to be extended upon such terms as the parties may agree; and WHEREAS, it is deemed in the public interest to. continue said agreement from its natural termination date; NOW, THEREFORE, in consideration of the mutual covenants contained herein the parties agree to the amended agreement as follows: 1. The Inteelocal Agreement executed by the County on September 18, 2002, and by the City on October 11, 2002, shall be extended for the period from October 11, 2004, through September 30, 2007. 2. The remaining provisions of the specified Intedocal Agreement, not inconsistent herewith, shall remain in full force and effect. IN WITNESS WHEREOF, the parties have set their hands and seal on the day and year first above written. (SEAL) ATTEST- CLE TY OF M THON By:10 r^ KOL.HAGE, CLERK MONROE %;k;A Y * CDO BOARD OF COUNTY COMMISSIONERS OF =� MONROE COU TY, FLORI;q!R r= ';W- Ift'a lNFY Mayor/Chairman :J1 MR -c -a CR -n rr! SECOND AMENDMENT TO INTERLOCAL A.OREEMENT THIS SECOND AMENDENT TO I TERL CAL AGREEMENT ("Agreement") is made and entered into this /4yc day of -�,.. , 2007, between the Board of County Commissioners of Monroe County, Florida ("County") and the City of Marathon, Florida, ("City„). WHEREAS, the parties entered into an Interlocal Agreement on September 18, 2002, with an effective date of October 11, 2002, for the County to provide to City contractor licensing and disciplinary services through the Monroe County Contractors Examining Board; and WHEREAS, the Interlocal Agreement had a two year term and allowed for the Agreement to be extended upon such terms as the parties may agree; and WHEREAS, the Agreement was amended by the parties on May 18, 2005 extending the term for the period beginning October 11, 2004 through September 30, 2007; and WHEREAS, it is deemed in the public interest to continue the Agreement beyond its natural termination date; NOW THEREFORE, IN CONSIDERATION of the mutual covenants contained herein, to pages agree to the Second Amendment to the Interlocal Agreement as follows: Cl_ N c �1. 164'iterlocal Agreement shall be extended for the period beginning October 1, 2007 1•w September 30, 2010. r _ U 2.t es under paragraph 8.1 shall be provided to the current County Administrator, City w �er and attorneys for the parties. ca N 3.cTh'F remaining provisions of the specified Interlocal Agreement, not inconsistent herewith, shall remain in full force and effect. IN WITNESS WHEREOF, the parties have set their hands and seal on the day and first above written. (SEAL) ATTEST: DANNY L. KOLHAGE, CLERK By: 0.. ard:�) Deputy Clerk (SEAL) ATTEST: CLERK, CITY OF MARATHON By: City Clerk BOARD OF COUNTY COMMISSIONER; OF MONROE COUNTY, FLORIDA BY: _ �w Mayor CITY OF MARATHON, FLORIDA By- �..., or Christopher Bull