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R98-163RESOLUTION R98-/~,.¢' A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE AN INTERLOCAL AGREEMENT BETWEEN PALM BEACH COUNTY (COUNTY) AND THE CITY OF' BOYNTON BEACH (CITY) PROVIDING AUTHORITY TO THE COUNTY TO ENFORCE COUNTY ORDINANCE 97-56 WITHIN THE CITY LIMITS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on November 18, 1997, the Board of County Commissioners approved an ordinance regulating locally licensed contractors and unlicensed construction activity; and WHEREAS, County Ordinance 97-56 is applicable to the unincorporated area of the County pursuant to Section 489.127, Florida Statutes and provides for the issuance of citations, civil fines, cease and desist orders, and notices to appear with respect to work performed by unlicensed construction activity and locally licensed contractors; and WHEREAS, Chapter 489, Florida Statutes permits the enforcement of County Ordinance 97-56 within a municipality's corporate limits, provided the municipality and county enter into an I nterlocal agreement; and WHEREAS, Section 163.01, Florida Statutes permits public agencies 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, it is mutually advantageous to enter into this agreement for the purpose of permitting the County to enforce County Ordinance 97-56 within the corporate limits of the City of Boynton Beach; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. This Commission does hereby authorize and direct the Mayor and City Clerk to execute an Interlocal Agreement between Palm Beach County and the City'of Boynton Beach providing authority to the County pursuant to Chapter 489, Florida Statutes, to enforce the terms and provisions of Palm Beach County Ordinance 97- 56 within the corporate limits of the CitY of Boynton Beach. Section2 That this Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this ~ day of ~_C:?~.. .,1998. CITY OF BOYNTON BEACH, FLORIDA - Mayor // /Commission~er Commissioner ATTEST: C_~y Clerk ~ ~--ca~.~o~agreements~J, erljcal\co~/ord enforcement-contractors ~ -Lo~,~ R2000 090$ JUL 'i as INTERLOCAL AGREEMENT This Interlocal Agreement is made the day of dam; , 199.3 , between the City of Boynton Beach , a municipality located in Palm Beach, Florida (hereinafter "CITY ") 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 II 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 CITY 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 -5. 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 11 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 CITY'S representative during the term of this Agreement shall be Edwin Yates, Occ. Lic. Mgr. , whose telephone number is (561) 742 -6360 . 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. Responsibilities and Duties CITY 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 CITY. 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 8. 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 CITY Director, Contractor Certification Occupational License Manager 100 Australian Avenue City of Boynton Beach P.O. o 310 West Palm Beach, FL 33406 Boynton e Beach, ach, FL 33425 -0310 Section 9. Filing A copy of this Agreement shall be filed with the Clerk of the Circuit Court in and for Palm Beach County. R 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 4 partial exercise by any party of any right, power, or remedy hereunder shall preclude any other or 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 CITY 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. Severabilitv 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 ATTEST: COUNTY ADMINISTRATOR Dorothy H. Wilken By: i.,,. Deputy Clerk Kid i A E:-/5-A-44 (SEAL) WITNESSES: 8 2 0 0 0 0908 nit 1 1 20119 ...: .Il # r i , ../ , APPROVED AS TO FORM AND LEGAL . CIE CY By: I111. V, 1 ( County • ttorney A1"1'EST: CITY OF /4(/,c/`Tar/.a67;• h PALM BEACH COUNTY B - ✓ /y�9f d4 (Name and Ti WITNESSES: ✓) i / %-2,h. -- gee/ie0 49f/4D,e /�.9f/D 1 APPRO D A' ' O FORM AND LEG • I UFFI I NCY By: • - G \COMMOMATrY\WPDATA\ ENV I R\LBEBBER\BECKY\CONT.CER\INfERL OC AGR 6 � ti ACN 06 2 • �LORIV Department of Planning, Zoning a Building July 25, 2000 100 Australian Avenue West Palm Beach, FL 33406 (561) 233 -5000 Ms. Sue Kruse, City Clerk Planning Division 233 -5300 City of Boynton Beach Zoning Division 233-5200 Boynton Beach, FL 33425 -0310 Building Division 233 -5100 Code Enforcement 233 -5500 Re: Construction Licensing Interlocal Agreement Contractor's Certification 233 -5525 Administration Office 233 -5005 Dear Ms. Kruse: Executive Office 233 -5003 www co palm-beach.fl us Attached is a copy of the executed Interlocal Agreement for your records. I appreciate the City of Boynton Beach's interest in the enforcement of construction licensing regulations for licensed ■ contractors and unlicensed activity within your jurisdiction. Contractor's Certification is looking to working with the town on this Palm Beach County important issue. Please let me know if you need any additional Board of County commissioners information or support concerning this agreement. Maude Ford Lee, Chair Sincerely, Warren H Newell, Vice Chairman Karen T Marcus Kurt Eismann, Director Carol A Roberts Contractors Certification Division Mary McCarty Burt Aaronson c: Don Johnson, Building Official File Tony Masilotti KE /mw " County Administrator r `" Robert Weisman 4- "An Equal Opportunity Affirmative Action Employer" t• printed on recycled paper