09/18/2002 Agreement
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Danny L. Kolhage
Clerk of the Circuit Court
Phone: (305) 292-3550
FAX: (305) 295-3663
e-mail: phancock@monroe-clerk.com
Memnrandum
TO: James Hendrick
County Attorney
ATTN: Jan Hotalen, Assistant
County Attorney's Office
FROM: Pamela G. Hanco~
Deputy Clerk
DATE: October 3, 2002
At the September 18, 2002, Board of County Commissioner's meeting the Board granted
approval and authorized execution of an Interlocal Agreement between Monroe County and the
City of Marathon concerning the County's Contractors Examining Board continuing to perform
the licensing and disciplinary functions of contractors.
Enclosed are four duplicate originals of the above mentioned, executed on behalf of
Monroe County, for your handling. Please be sure that the fully executed "Monroe County
Clerk's Original" and the "Monroe County Finance Division's Original" are returned to
our office as soon as possible. Should you have any questions please do not hesitate to contact
this office.
cc: County Administrator w/o document
Finance w/o document
File ./
John Bartus
Mayor
Randy Mearns
Vice Mayor
Franklin D. Greenman
Councilman
John Repetto
Councilman
Pete Worthington
Councilman
Craig Wrathell,
Moyer, Ward, Wrathell
& Associates
City MafUlger
Nina L. Boniske
John R. Herin, Jr.,
Weiss Serota Helfman
Pastoriza & Guedes, P.A.
City Attorneys
September 11, 2002
Transmitted via Certified Mail
No. 7001 2510 0001 0603 4668
County of Monroe
Office of the County Attorney
502 Whitehead Street - 3rd Floor
Key West, Florida 33040
Attention:
Ms. Suzanne Hutton
Assistant County Attorney
Subject:
City of Marathon - Monroe County, Florida
Interlocal Agreement
Contractor Licensing and Disciplinary Actions
Dear Ms. Hutton:
I am pleased to inform you that the City Council of the City of Marathon, at
their Council Meeting held on Tuesday, September 3, 2002, approved the
InterIocal Agreement to be entered between the City of Marathon and Monroe
County whereby the City desires to utilize the services of the County to
provide contractor licensing and disciplinary functions as set forth in said
Agreement.
Therefore, enclosed please find four (4) duplicate originals of said Agreement,
which have been signed on behalf of the City of Marathon and need to be
executed on behalf of Monroe County. I would respectfully request that one
(1) original of this agreement, once fully executed, be sent to my attention at
the address noted on this letterhead.
Should you have any further questions or concerns, please do not hesitate to
contact me directly.
Sincerely,
~~ S-~
Katherine V. SeIchan
City Clerk
City of Marathon
:ks
Enclosures
~}lCEJIwmD
~ SEP 1 3 2002
-eo. ..
PLEASE REPLY TO:
D.L' 10045-55 Overseas Highway .
~ 210 N. University Drive, Suite 702
Marathon, Florida 33050 . Phone: 305-743-0033 . Fax: 305-743-3667
. Coral Springs, Florida 33071 . Phone: 954-753-5841 . Fax: 954-345-1292
LETTER OF TRANSMITTAL
CITY OF MARATHON
c/o MOYER & ASSOCIATES
a part of Severn Trent Services
210 NORTH UNIVERSITY DRIVE
SUITE 702
CORAL SPRINGS, FLORIDA 33071
Phone: (305) 289-3000 Monroe Line
Phone: (954) 753-5841 Broward Line
Fax: (954) 345-1292
TO:
Ms. Jan Hotalen, Paralegal
Office of the County Attorney
P.O. Box 1026
Key West, Florida 33041-1026
DATE:
October 15, 2002
SUBJECT:
City of Marathon
Contractors Examining
Board
U. S. Mail
Phone: (305) 292-3470
VIA:
WE ARE TRANSMITTING HEREWITH:
Two (2) duplicate originals of the Contractors Examining Board marked "Clerk's Original" and
"Finance Original" being returned to your office, as indicated.
PLEASE NOTE THE FOLLOWING:
1. Ms. Hotalen - Per your Letter of Transmittal dated October 7, 2002, enclosed please find the two (2)
duplicate originals being returned to your attention as requested. The agreement marked "City of
Marathon's Original" has been kept in my office for the City's files.
2. Should you have any further questions or concerns, please do not hesitate to contact me directly.
Thank you.
~~~
City Clerk
City of Marathon
:ks
Enclosures
~ jp: ~ 1111".>>
m OCT 1 8 ZOO2
Monroe County Clerk's 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 West, Florida (the "County").
WITNESSETH:
WHEREAS, the City was created by Chapter 99-427, Laws of Florida, which
approved the creation ofthe 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 A2reement
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.l 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 Relatin2 to Contractor Licensin2
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.2 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.
1 / 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 Momoe County Code, as it existed on the effective date of the City's
incorporation, as the City Code.
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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 Relatine 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
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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.
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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 ReDorts
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
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accordance with Sections 218.70 through 218.79, Florida Statutes, (the
"Florida Prompt Payment Act").
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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 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.
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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, Helfman,
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.
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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 ofthe 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
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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
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fi,.
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:
B~-
Attorney
ATTEST:
By: ~~ tI. ~
City Clerk
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY:
By: '-1Il~ ~_
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~dUFFICIENCY
BY )I'ff
Df.T:~~.~~,~~:
CITY OF MARATHON, FLORIDA,
a municipal corporation of the State
of Florida
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