Item O4BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: Wed. Oct. 21, 2009
Bulk Item: Yes No XX
Division: BOCC
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 Aug. 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:
COST TO COUNTY: -0-
BUDGETED: Yes No XX
SOURCE OF FUNDS:
REVENUE PRODUCING: Yes XX No ^ AMOUNT PER MONTH Expected to be minimal Year Flo
APPROVED BY: County Atty J OMB/Purchasing Risk Management
DOCUMENTATION: Included XX Not Required
DISPOSITION
Revised 2/05
AGENDA ITEM #
LNTE„ BWCAL AGREEMENT
This Jnterlocal 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 U 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 489.1.270), 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 o€499.127, Florida Statutes as set forth therein.
2. Definitions. For purposes of this Agreement, all definitions are the same as those
contained in Article H of Chapter 6 of the City Code, The current Article H of
Chapter 6 of the City Code contains the same provisions as did Article 11,
Division 3 of Chapter 6 ofthe 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.
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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 thereon
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.
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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 ]. 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 (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 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
meeting of the CEB on City citations shall be paid to the City at Marathon
City offices at 9845 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
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any decision of the CEB shall be processed and heard in accordance with
the procedures set forth in Chapter 6 of the City Code.
S. 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 489.1270), Florida Statutes. Upon
completion of said training by the City's officers/inspectors, the Cif 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
regardjUP record keeping as it anglies to thpjr resRectLye 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 parry 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 Bally 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 Vilest, FL. 33040
i7
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 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°i 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. Ttfe 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.
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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
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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.
(SEAL) BOARD OF COUNTY
COMMISSIONERS
ATTEST: DANNY L. KOLHAGE, clerk OF MONROE COUNTY,
FLORIDA
By:
Deputy Clerk
(SEAL)
ATTEST:
City Clerk
Date:
By:
George Neugcnt, Mayor
Date:
CITY OF MARATHON
By:
Mayor
Date:
11
iVUt`IE=OE COUNTY WTI(), tdrY
PROVED AST F R`r7:
NAMEENE: W. CASSE'
ASSISTANT NTY AfTOR �Y
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