02/19/2014 AgreementA mmy HEAVILIN, CPA
M "N
CLERK OF CIRCUIT COURT & COMPTROLLER
MONROE COUNTY, FLORIDA
DATE: March 11, 2014
TO: Christine Hurley, Director of
Growth Management
ATTN. Mayra Tezanos
Executive Assistant
FROM: Vitia Fernandez, D. C..i4
At the February 19, 2014, Board of County Commissioner's meeting the Board granted approval and authorized
execution of the following Items:
Item H5 Ninth (9th) Amendment to the agreement for professional services with Keith and Schnars (K&S), P.A., to
reorganize the remaining tasks and schedule of the project to reduce the potential for conflicts between the Comprehensive
Plan (CP) and the Land Development Code (LDC) by minimizing the time period between the adoption of the CP
Amendments (Phase III) and the adoption of revisions to the LDC (Phase IV), to provide for additional public input on the
draft LDC by adding additional public hearings, which increases compensation by $12,151.00.
Item H7 Inter -Local Agreement with the City of Marathon to allow the City to utilize the services of the County's
Contractors Examining Board (CEB) to provide contractor licensing and disciplinary functions.
Item I2 Discussion of the Tenth (loth) Amendment to the agreement for professional services with Keith and
Schnars (K&S), P.A., for additional services on the Naval Air Station Environmental Impact Study, to collect noise data to
establish a noise baseline as recommended by the EIS Committee (EIS Committee Resolution 001-2013) and as directed by
the BOCC on August 21, 2013 (agenda item J3), and additional funds to address work already completed by K&S in
preparing for and completing meetings in Washington, D.C., and increasing compensation by $40,506.00.
Item I8 Release of an Affordable Housing Deed Restriction recorded in the Monroe County Public Records
Document #1523764, Book 2125, Page 827 on June 21, 2005, at the request of TD Group Retail, LLC.
Enclosed is the original of the above -mentioned for your handling. Please send the recorded original to the Clerk's office for
our records. Should you have any questions, please feel free to contact our office.
cc: County Attorney (Items H5, 12 & 18 w/o documents)
Finance
File
500 Whitehead Street Suite 101, PO Box 1980, Key West, FL 33040 Phone: 305-295-3130 Fax: 305-295-3663
3117Overseas Highway, Marathon, FL 33050 Phone: 305-289-6027Fax. 305-289-6025
88820 Overseas Highway, Plantation Key, FL 33070 Phone: 852-7145 Fax: 305-852-7146
INTERLOCAL AGREEMENT BETWEEN THE CITY OF MARATHON AND
MONROE COUNTY TO COOPERATIVELY SHARE THE CONTRACTORS
EXAMINING BOARD OF MONROE COUNTY
This Interlocal Agreement (the "Agreement") is 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") on this /qT—"4 day of f'-L , 201q_.
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, the Marathon City Charter, Sec.9(6)(b) 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, of the 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 shall enforce the provisions
contained in Article I of Chapter 6 of the City code which adopts Monroe County Code
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Chapter 6, Article III by reference, by utilizing the County's Contractors Examining
Board; and
WHEREAS, pursuant to Florida Statutes Sec. 489.127(5) (1), the City shall be
responsible for the administration of such citation program and training of the City's code
enforcement officers; and
WHEREAS, pursuant to this Agreement, Monroe County Code Sec. 6-270 and
Marathon Code of Ordinances Sec. 6-1, 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 (5)(1), F.S. This Agreement is entered into
pursuant to Florida Interlocal Government Cooperation Act, Section 163.01,
Florida Statutes and 489.127(1), Florida Statues which encourages local
governments to cooperate in an economically feasible manner..
2. Transfers of Powers and Duties Relating to Contractor Licensing.
a. The County shall, through its Contractors Examining Board ("CEB"),
have and exercise within the City all of the powers and duties granted to it
in Chapter 6, Article I of the City Code. The powers and duties under this
Agreement shall be performed by the County CEB as required and
pursuant to Chapter 6, Article I 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
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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.
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 on behalf of the City. Nothing
in this Agreement prohibits the City from requiring occupational licenses
of those contractors who have a place of business in the City.
e. Pursuant to F. S. Sec. 487.127 (5)(1) the City's code enforcement officers
shall enforce the provisions contained in Article III of Chapter 6 of the
County Code through the County's Contractors Examining Board. The
City will issue its own citations, perform investigations and inspections for
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.
f. The City will receive one hundred percent (100%) of all fines, costs and
fees that are awarded and collected from enforcement of City citations
before the CEB. The City shall provide a staff member at each meeting of
the CEB authorized by the City to collect fines and give receipts. Those
fines not paid at the meeting of the CEB on City citations shall be paid to
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the City at Marathon City offices at 9805 Overseas Highway, Marathon,
Florida. County will not act as a collection agency for City enforcement
citations.
g. The City and County agree that the County presently collects all
contractor licensing fees for applications, examinations, certification and
renewal, record keeping and record making. 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.
3. Transfers of Powers and Duties Relating to Contractor Discipline. On behalf
of the City, the CEB shall conduct all disciplinary actions and hearings and
impose such penalties as defined in Monroe County Code, Chapter 6 Article III as
adopted by the City pursuant to the Chapter 6 Article I of the City Code of
Ordinances. The County has contacted for the services of counsel (Tom Wright,
Esquire) to represent the CEB on a per meeting basis. The City shall reimburse
the County for twenty-five (25%) percent of the per meeting fee for each meeting
that the City utilizes the CEB. The City will ensure at its own cost that the City's
Building Official is present for each meeting in which the City utilizes the
County's CEB.
4. Training of Officers/Inspectors. All officers appearing before the County's
CEB will be subject to the training requirements pursuant to 489.127 (5)(1),
Florida Statutes. Upon completion of said training by the City's
officers/inspectors, the City will keep records of compliance of said training
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requirement and turn those records over to the CEB if requested. If the CEB
determines it is necessary for a City officer/inspector to undergo additional
training, the officers/inspector must comply at the City's expense.
5. Records. The County and City agree to comply with all applicable laws
regarding record keeping and public records as it applies to their respective files
and documents.
6. Termination. This Agreement shall have a term of five (5) years from the date
the last party executes this Agreement by the signature of its Mayor, unless earlier
terminated or extended as provided herein.
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
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full force and effect unless and until the terms or conditions are
completed, and shall be fully enforceable by either party.
7. 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
Christine Hurley
Growth Management Director
Marathon Government Center
2798 Overseas Hwy., Suite 400
Marathon, FL 33050
County Attorney
P.O. Box 1026
Key West, FL 33041-1026
For the City: Michael Puto
Interim City Manager
9805 Overseas Highway
Marathon, FL 33050
John R. Herin, Jr., City Attorney
GrayRobinson, P.A.
401 E Las Olas Blvd., Suite 1850
Fort Lauderdale, FL 33301
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
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if sent by overnight courier, or on the day of receipt or refusal, if send
by certified or registered mail.
8. 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.
9. 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.
10. 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 16`h Judicial Circuit, Monroe County, Florida in the appropriate
count or before the appropriate administrative body. This Agreement shall not be
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.
11. 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, and the issue
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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.
12. 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.
13. 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.
14. 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.
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b. Nothing contained in this Agreement shall limit either party from pursuing
any legal or equitable remedies that may apply.
15. 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
ply
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.
16. Effective Date and Termination of Prior Agreement. Upon execution of this
Agreement, the Interlocal Agreement entered into on November 12, 2009 between
the parties, will be terminated. This Agreement will become effective upon
execution by both parties.
[SIGNATURES ON FOLLOWING PAGE]
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AMY HEAVLIN, CLERK
By: LA ,MV 1.(.
Clerk/Deputy Clerk
(SEAL)
ATTEST:
By:' v% a
Diane Clavier, City Clerk
BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA
By:
Sylvia J)!
M or
Date:
CITY OF MARATHON, FLORIDA
By:
Dick Ramsay, Mayor
Date:
APPROVED AS TO FORM AND LEGAL SUFFICIENCY FOR THE USE
AND RELIANCE 4F THE CITY (IF MARATHON, FLORIDA ONLY:
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