HomeMy Public PortalAboutPBC - Contractor Cert. Interlocal AgmtINTERLOCAL AGREEMENT
This Interlocal Agreement is made the day of199,
between the Town of Gu� a municipality located in Palm Beach, Florida
(hereinafter "TOWN') and Palm Beach County, a political subdivision of the State of Florida,
(hereinafter "COUNTY"), each one constituting a public agency as defined in Part I of Chapter 163,
Florida Statutes.
WITNESSETH
WHEREAS, Section 163.01, Florida Statutes, known as the "Florida Interlocal Cooperation
Act of 1969" authorizes local governments to make the most efficient use of their powers by
enabling them to cooperate with other localities on a basis of mutual advantage and thereby to
provide services and facilities that will harmonize geographic, economic, population and other
factors influencing the needs and development of local communities; and
WHEREAS, Part I of Chapter 163, Florida Statutes, permits public agencies as defined
therein to enter into interlocal agreements with each other to jointly exercise any power, privilege,
or authority which such agencies share in common and which each might exercise separately; and
WHEREAS, the Palm Beach County Board of County Commissioners adopted Ordinance
97-56 which provides for the regulation of contractors and construction activity; and
WHEREAS, Section 7 of Ordinance 97-56, codified at Chapter 7, Article H of the Palm
Beach County Code of Laws and Ordinances, provides that the Ordinance applies in the
unincorporated areas of Palm Beach County and that municipalities may authorize the enforcement
of the Ordinance within municipal boundaries; and
WHEREAS, the TOWN desires to authorize the enforcement by Palm Beach County of the
provisions of Ordinance 97-56 within the municipality; and
WHEREAS, by Resolution No. 98-.:�& the Palm Beach County Board of County
Commissioners granted the authority to the County Administrator or designee to execute a standard
form of Interlocal Agreement between municipalities and Palm Beach County, which Interlocal
Agreement provides for the enforcement of Ordinance 97-56 within municipalities.
NOW THEREFORE, in consideration of the mutual representations, terms, and covenants
hereinafter set forth, the parties hereby agree as follows:
Section 1. Purpose
The purpose of this Agreement is to allow the Palm Beach County Contractor Certification
Division to enforce the provisions of Ordinance 97-56, codified in Chapter 7, Article II of the Palm
Beach County Code of Laws and Ordinances, as may be amended from time to time, within the
CITY.
Section 2. Definitions
The definitions set forth in Ordinance 97-56 (attached hereto as Exhibit "A" and incorporated
herein by reference) shall apply to this Agreement.
"Agreement"means this Interlocal Agreement, including any amendments or supplements
hereto, executed and delivered in accordance with the terms hereof.
Section 3. Representative/Monitoring Position
The COUNTY'S representative during the term of this Agreement shall be the Director of
Contractor Certification, 100 Australian Avenue, West Palm Beach 33406, whose telephone number
is (561) 233-5525. The TOWN'S representative during the term of this Agreement shall be
TOWN MANAGER ,whose telephone number is (561) 276-5116
2
Section 4. Effective Date/Term
This Agreement shall take effect upon execution. The term of this agreement shall be in
effect until terminated by either party as provided herein.
Section 5. ResDonsibilities and Duties
TOWN agrees to assist and support the County in enforcement of the provisions of Ordinance
97-56. COUNTY agrees to enforce the provisions of Ordinance 97-56 within the TOWN. Such
enforcement includes, but is not limited to, issuance of citations against persons who engage in
construction activity that requires licensure, as more fully set forth in Section 3 of Ordinance 97-56
("Issuance of Citation, Administrative Hearing and Penalties"), issuance of citations against locally
licensed contractors who engage in activity prohibited by Ordinance 97-56; conduct of hearings
before the Palm Beach County Construction Industry Licensing Board or Special Master, and
issuance of Cease and Desist Orders to prohibit any person from engaging in the business of
contracting who does not hold the required certification or registration for the work being
performed.
Section 6. Termination
This Agreement may be terminated by either party to this Agreement upon written notice to
the other party.
Section 7. Enforcement Costs
Any costs or expenses (including reasonable attorney's fees) associated with the enforcement
of the terms and/or conditions of this Agreement shall be borne by the respective parties, provided,
however, that this clause pertains only to the parties to this Agreement.
Section S. Notice
All notices required to be given under this Agreement shall be deemed sufficient to each
3
party when delivered by United States Mail to the following:
COUNTY
TOWN
Director, Contractor Certification 7-0,06 /%a h ay r
100 Australian Avenue /0-0 -re -7 /P02
West Palm Beach, FL 33406 Golf FL ,37y 83
Section 9. Filing
A copy of this Agreement shall be filed with the Clerk of the Circuit Court in and for Palm
Beach County.
Section 10. Liability
The parties to this Agreement and their respective officers and employees shall not be
deemed to assume any liability for the acts, omissions, and negligence of the other party. Further,
nothing herein shall be construed as a waiver of sovereign immunity by either party, pursuant to
Section 768.28, Florida Statutes.
Section 11. Amendments
This Agreement may be amended only upon written consent of all the parties hereto. The
Palm Beach County Board of County Commissioners must approve of such amendment by
Resolution or similar action of the Board of County Commissioners.
Section 12. Remedies
This Agreement shall be construed by and governed by the laws of the State of Florida. Any
and all legal action necessary to enforce the Agreement will be held in Palm Beach County. No
remedy herein conferred upon any party is intended to be exclusive of any other remedy, and each
and every such remedy shall be cumulative and shall be in addition to every other remedy given
hereunder or now or hereafter existing at law or in equity or by statute or otherwise. No single or
partial exercise by any party of any right, power, or remedy hereunder shall preclude any other or
0
further exercise thereof.
Section 13. Time of the Essence
The parties expressly agree that time is of the essence in this Agreement and the failure by
a party to complete performance within the time specified, or within a reasonable time if no time is
specified herein, shall, at the option of the other party without liability, in addition to any other rights
or remedies, relieve the other party of any obligation to accept such performance.
Section 14. Equal Opportunity Provision
The COUNTY and the TOWN agree that no person shall, on the grounds of race, color, sex,
national origin, disability, religion, ancestry, marital status, or sexual orientation be excluded from
the benefits of, or be subjected to any form of discrimination under any activity carried out by the
performance of this Agreement.
Section 15. Captions
The captions and section designations herein set forth are for convenience only and shall have
no substantive meaning.
Section 16. Severability
In the event that any section, paragraph, sentence, clause, or provision hereof be held by a
court of competent jurisdiction to be invalid, such shall not affect the remaining portions of this
Agreement and the same shall remain in full force and effect.
Section 17. Entirety of Agreement
This Agreement represents the entire understanding between the parties, and supersedes all
other negotiations, representations, or agreement, either written or oral, relating to this Agreement.
5
AT ST: COUNTY ADMINISTRATOR
Dorothy . Wilken
Deputy lerk
-9rJ /p hr�
(SEAL)
WITNESSES:
APPROVED AS TO FORM AND
LEGAL CIENCY
By:
County Attorney
ATTEST:
By. --
Town Clerk
WTTN S
fjjA
APPROVED AS TO FORM AND
TOWN OF GULF STREAM
PALM BEACH COUNTY
(Name an Title Wi i Fem Koch, I. , Mayor
G:ICOMNIONIATTY\W PDATAIENVIRU.BEBBERIBECKY\CONT.CERVNTERL02.AGR