1998-041 Interlocal w/PBC for Contractor Regulation•
RESOLUTION NO. q~_og
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE
OF NORTH PALM BEACH, FLORIDA, AUTHORIZING AND
DIRECTING THE MAYOR AND VILLAGE CLERK TO ENTER
INTO AN INTERLOCAL AGREEMENT WITH THE COUNTY
ADMINISTRATOR OF PALM BEACH COUNTY, WHICH
AGREEMENT AUTHORIZES PALM BEACH COUNTY TO
ENFORCE COUNTY ORDINANCE 97-56 WHICH PROVIDES FOR
REGULATION OF CONTRACTORS AND CONSTRUCTION
ACTIVITY WITHIN THE MUNICIPAL LIMITS OF THE VILLAGE
OF NORTH PALM BEACH; AND, PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, 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 municipalities may
authorize the enforcement of the Ordinance within municipal boundaries; and
WHEREAS, the Village Council desires to authorize the enforcement by Palm
Beach County of the provisions of County Ordinance 97-56 within the municipality.
BE IT RESOLVED BY THE VILLAGE COUNCIL OF NORTH PALM
• BEACH, FLORIDA:
•
Section 1. The Village Council of the Village of North Palm Beach, Florida,
does hereby approve the Interlocal Agreement with the County Administrator of Palm Beach
County attached as Exhibit "A," which agreement authorizes Palm Beach County to enforce
county Ordinance 97-56 which provides for regulation of contractors and construction
activity within the municipal limits of the Village of North Pahn Beach.
Section 2. The Mayor and Village Clerk are hereby authorized and directed
to execute the Agreement with the County Administrator of Palm Beach County set forth in
Exhibit "A" for and on behalf of the Village of North Palm Beach.
Section 3. This Resolution shall take effect immediately upon its adoption.
PASSED AND ADOPTED THIS 24th DAY OF September , 1998.
(Village Seal)
ATTEST:
• VILLAGE CLERK ~ C~7~
• IYTERLOCAL AGREEIVIEIYT
This Interlocal Agreement is made the 24th day of September , 1998 .
between the City of North Palm 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 shaze in common and which each might exercise sepazately; 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 CTfY 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- 58, the Palm Beach County Board of County
Commissioners granted the authority to the County Administrator or designee to execute a standard
form of [nterlocal 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. Reoresentative/Monltorine PoslHon
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 CTTY'S representative during the term of this Agreement shall be
Tom Hogerth ,whose telephone number is (561) 626-0212
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• 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.
CO[1NTY 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 Boazd 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 temrinated 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
•
party when delivered by United States Mail to the following:
COUNTY
Director, Contractor Certification
100 Australian Avenue
West Palm Beach, FL 33406
CITY
Tom Hoqarth, Public Services Director
Village of North Palm Reach
645 PrBsperity~Farms P.oad
North Palm Beach FL 33408
Section 9. Filine
A copy of this Agreement shall be filed with the Clerk of the Circuit Court in and for Palm
Beach County.
Section 10. Llabtlity
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 Boazd 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 fotm of discrimination under any activity carried out by the
• perfortrtance of this Agreement.
Section 15. Captions
The captions and section designations herein set forth aze for convenience only and shall have
no substantive meaning.
Section 16. Severability
In the event that any section, pazagraph, 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.
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• ATTEST:
Dorothy H. Wilken
By:
Deputy Clerk
(SEAL)
WTCNESSES:
APPROVED AS TO FORM AND
LEG SUFFICIE CY
By:
County Attome
• ATTEST:
WTI'NESSES:
. ~,
APPROVED AS TO FORM AND
LE AL SUFFICIENCY
COUNTY ADMINISTRATOR
• G:~GOMMOMATTIIWPDATAIENVB2LLBEBBER~BECKNCOM.CERVMERIAC.AGR
CTfYOF_1~orth Palm Beach
PALM BEACH COUNTY