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Home My WebLink AboutResolution_35-97/98_07/23/1998 li ' RESOLUTION NO 35 - 97/98 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, APPROVING AN INTERLOCAL AGREEMENT BETWEEN PALM BEACH COUNTY AND THE VILLAGE OF TEQUESTA AUTHORIZING THE ENFORCEMENT OF ORDINANCE 97 - REGULATING CONTRACTORS AND CONSTRUCTION ACTIVITY WITHIN THE VILLAGE OF TEQUESTA AND AUTHORIZING THE VILLAGE MANAGER TO EXECUTE THE SAME ON BEHALF OF THE VILLAGE. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AS FOLLOWS: Section 1. The Interlocal Agreement between Palm Beach County and the Village of Tequesta for the enforcement of Palm Beach County Ordinance 97 -56 Regulating Contractors and Construction Activity and Authorizing the Same Within the Jurisdictional Boundaries of the Village of Tequesta, attached hereto as Exhibit "A ", is hereby approved and the Village Manager of the Village of Tequesta is authorized to execute the same on behalf of the Village of Tequesta. I THE FOREGOING RESOLUTION WAS OFFERED by Councilmember • Cameron , who moved its adoption. The motion was seconded by Councilmember Mackail , and upon being put to a vote, the vote was as follows: FOR ADOPTION AGAINST ADOPTION Alexander W. Cameron Car C. Hansen Ron T. Mackail Elizabeth A. Schauer The Mayor thereupon declared the Resolution duly passed and adopted this 23rd day of July, A.D., 1998. Y R IF TT UEST . Cs� Elizabeth A. Schauer ATTEST: oann Mangan' llo Village Clerk i amipro \resolutions \35 -9798 I I EXHIBIT "A" • INTERLOCAL AGREEMENT This Interlocal Agreement is made the 30 r day of 1991, between the Village of TE Q V E ST A , a municipality located in Palm Beach, Florida (hereinafter "VILLAGE ") 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 VILLAGE 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 -,t ` 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 VILLAGE. • 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 VILLAGE'S representative during the term of this Agreement shall be , whose telephone number is (5 61) 5 1 S' 2 2 O • 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 VILLAGE 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 VILLAGE. 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 VILLAGE Director, Contractor Certification Tj re c,'� a r' v Covhm n� �� >>e `'�` 100 Australian Avenue c", g o X S West Palm Beach, FL 33406 �EQv�sT(� L 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 4 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 VILLAGE 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 TTEST: COUNTY ADMINISTRATOR ✓� Doroth . Wilken By: y / c Tt r.r v i. Deputy 611.1 de- 1j . / (SEAL) WITNESSES: APPROVED AS TO FORM AND LEGAL SUFFICIEN By: County Atto ey 0 i ATTEST: VILLAGE OF EQ t5 S'T F� - PALM BEACH COUNTY By: / IiLB'�✓Iw� vI LL A & V c L (Name and Title) WITNESSES: l l j t✓� 1'� Cs- C rki f4- J /4- C C (Z APPROVED AS TO FORM AND LEGAL SU CIENCY By: G OMMONWTTY�WPDATA\ENVIR\[. BEBBER\BECKY\CONT .CERUNTERL03.AGR • 6