Item H7 BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: February 19, 2014 Division: Growth Management
Bulk Item: Yes ® No ❑ Department: Building
Staff Contact Person: Jerry Smith/Building Official Phone: 289-2521
AGENDA ITEM WORDING: Approval of 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 BACKGROUND: The County and the City have a longstanding agreement for use of the
licensing and disciplinary services of the CEB. Under the proposed agreement, the CEB, on behalf of
the City 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. Previously the County has contracted for the services of counsel (Tom
Wright, Esquire) to represent the CEB on a per-meeting basis. Under the proposed agreement the City
shall reimburse the County for twenty-five (25%) percent of the per-meeting fee for counsel for each
meeting that the City utilizes the CEB. The ILA also allows for training of City Code Inspectors
pursuant to 489.127 (5)(1), Florida Statutes,by the City and otherwise updates the prior agreement.
PREVIOUS RELEVANT BOCC ACTION:
At the Board Meeting held on 10/21/09, the BOCC approved the previous Inter-Local Agreement with
City of Marathon, agenda item D-4. This replaced the prior ILA from executed on 9/18/02.
CONTRACT/AGREEMENT CHANGES: This ILA terminates and replaces the ILA entered into
on November 12, 2009.
STAFF RECOMMENDATIONS: Approval
TOTAL COST: $ N/A INDIRECT COST: $ N/A BUDGETED: Yes ❑ No
DIFFERENTIAL OF LOCAL PREFERENCE:
COST TO COUNTY: $ N/A SOURCE OF FUNDS: $N/A
AMOUNT PER
REVENUE PRODUCING: Yes ® No MONTH Minimal Year 2014
APPROVED BY: County Attorne OMB/Purchasing: ❑ Risk Management: ❑
DOCUMENTATION: Included: ® Not Required: ❑
DISPOSITION: AGENDA ITEM#:
Revised 7/09
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 day of , 20
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
2
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.
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
requirement and turn those records over to the CEB if requested. If the CEB
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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: Roger T. Hernstadt
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
7
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
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.
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]
9
(SEAL)
ATTEST: AMY HEAVLIN,CLERK BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY,FLORIDA
By: By:
Clerk/Deputy Clerk Sylvia Murphy,Mayor
Date:
(SEAL)
ATTEST: CITY OF MARATHON,FLORIDA
By: By:
Diane Clavier,City Clerk Mike Cinque,Mayor
Date:
APPROVED AS TO FORM AND LEGAL SUFFICIENCY FOR THE USE
AND RELIANCE OF THE CITY OF MARATHON, FLORIDA ONLY:
City Attorney
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10
ADDITIONAL
BACK- UP
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: Wed. Oct. 21,2009 Division: BOCC
Bulk Item: Yes _ No XX Department: Comm. Di Gennaro, District 4
Staff Contact Person: Tamara Lundstrom
(305 289-6000)
AGENDA ITEM WORDING: Approval of Inter-Local Agreement with the City of Marathon to
assist the City with training of City code inspectors; and to allow the city to utilize the services of
the County's Contractors Examining Board(CEB) to provide contractor licensing and
disciplinary functions. This ILA terminates the prior agreement and updates it.
ITEM BACKGROUND: The County and the City have a longstanding agreement for use of the
disciplinary services of the CEB; this ILA allows for training of city code inspectors and
otherwise updates the prior agreement. This agreement allows for County compensation for use
of personnel in record keeping and training, and allows for Marathon to have fines and fees
disbursed to the City.
PREVIOUS RELEVANT BOCC ACTION: This item was tabled(#K 10)at the Ang. 19,2009
and again(#0-3)at the Sep. 16,2009 BOCC meetings due to Board concern regarding the City's
local preference ordinance which does not allow County-licensed contractors whose businesses
are located outside of the City to bid on City projects.
CONTRACT/AGREEMENT CHANGES: This ILA replaces the prior ILA from Sep. 18,2002
and amendments.
STAFF RECOMMENDATIONS:
TOTAL COST: BUDGETED: Yes — No XX
COST TO COUNTY: -0- SOURCE OF FUNDS:
REVENUE PRODUCING: Yes XX No_ AMOUNT PER MONTH Expected to be minimal Year F10
APPROVED BY: County Atty! OMB/Purchasing Risk Management
DOCUMENTATION: [ncluded XX Not Required__.
DISPOSITION: Lye ibN ep AGENDA ITEM#
Revised 2,'05
DANNYL. KOLHACE
CLERK OF THE CIRCUIT COURT
DATE: December 1, 2009
TO: Commissioner Mario DiGennaro
District IV
FROM: Isabel C. DeSantis ' 3'""
Deputy Clerk �
At the October 21, 2009, Board of County Commissioner's meeting the Board granted
approval and authorized execution of an Interlocal Agreement 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.
Enclosed is a fully-executed duplicate original of the above-mentioned for your handling.
Should you have any questions please do not hesitate to contact this office.
CC: County Attorney
Finance
File
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
1
WHEREAS,pursuant to 489.1270),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(l),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 II 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
perfonned 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 H 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.The attorney for the City and the
attorney for the CEB shall advise the County's CEB if there are areas of
the City code,which differ from the County code.
3
f. The City agrees to pay the County an initial fixed fee in the amount of Five
thousand dollars($5,000.00)on October 1,2009 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,this amount shall be
adjusted upwards or downwards in the months of January and June of
each year in order to compensate the County for its expenditures.
Representatives of the respective building departments of the County and
City shall meet in the months of December and May to determine the
expenditures made by the County in the prior 6 months 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,and the amounts
awarded in fines by the CEB for City citations.The purpose of the
meeting will be to set the amount to be paid by the City to the County for
the following six month period.The decision shall be ratified by the
governing boards of both the County and the City.Payments shall be
made on January 1 and June 1 of each year as reimbursement for County
services provided to the City as a result of this agreement
g. The City will receive one hundred percent of(1000/0)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 to give receipts.The
City shall provide a report to the County building official of all the fines
ordered to be paid and the fines received .Those fines not paid at the
4
meeting of the CEB on City citations shall be paid to the City at Marathon
City offices at 9805 Overseas Highway,Marathon,Florida. County will
not act as a collection for City enforcement citations.
h.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,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
continue to 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
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
5
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 in the same manner the County trains its
officers/inspectors. All officers appearing before the County's CEB will be
subject to the training requirements pursuant to 489.127(l),Florida Statutes.Upon
completion of said training by the City's officerstinspectors,the Cites+will keep
record of compliance of said training requirement and turn those records over to
the CEB as requested. 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 keep a record of the proceedings of the CEB
and will provide the City's Manager with a copy of that record after each regular
meeting of the CEB. The report may be in written or recorded form, at the
discretion of the secretary of the CEB, and 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.
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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
7
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 Miller 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.
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12. Governing Law,,Venue,Interpretation,Costs,and Fees.This Agreement shalt
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"'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 shali be liable personally on this
Agreement or be subject to any personal liability or accountability by reason of
the execution of this Agreement.
9
1.5. 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
to
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 upon execution by both parties,it being
understood that training of City inspectors shall begin as soon as it can be
scheduled by mutual agreement of the parties and that the City shall not formally
appear before the CEB until January 1,2010.
(SEAT,) BOARD OF COUNTY
COMMISSIONERS
ATTEST:DANNY L.KOLHAGE,clerk OF MONROE COUNTY,
FLORIDA
By: .�D o 1/ GG7Z Q
Deputy Clerk
George Neugent,Mayor
Date:
(SEAL)
ATTEST:. CITY OF MARATHON
By + By:
C•ty Cie ayor
Date: Date: d"
MONROE COUNTY gTT-OR
A'NIA
ROVED AS TO
p
TILEENE Vv. vASSEL
ASSISTANT COUNTY ATTORNEY
Dade
11