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Home My WebLink AboutDocumentation_Regular_Tab 26_10/14/2021Agenda Item #26. Regular Council STAFF MEMO Meeting: Regular Council - Oct 14 2021 Staff Contact: Jeremy Allen, Village Manager Department: Manager 1 Approve Interlocal Agreement for Code Enforcement Services between the Village of Tequesta and the Town of Jupiter Inlet Colony This agreement provides the Town of Jupiter Inlet Colony with code enforcement services, which shall include a code enforcement officer, as well as clerical services for code enforcement hearings. The Town of Jupiter Inlet Colony shall compensate the Village at the rate of $20,000 annually to be paid in equal quarterly installments of $5,000. This document and any attachments may be reproduced upon request in an alternative format by completing our Accessibility Feedback Form, sending an e-mail to the Village Clerk or calling 561-768-0443. Interlocal Agreement-Teq JIC re Code Enforcement Services Redline (003) Page 287 of 293 Agenda Item #26. INTERLOCAL AGREEMENT FOR CODE ENFORCEMENT SERVICES BY AND BETWEEN THE VILLAGE OF TEQUESTA AND THE TOWN OF JUPITER INLET COLONY THIS INTERLOCAL AGREEMENT is entered into this day of , 2021 by and between the Village of Tequesta, a municipal corporation organized and constituted in accordance with the laws of the State of Florida, hereinafter referred to as the "Village" and the Town of Jupiter Inlet Colony, a municipal corporation organized and constituted in accordance with the laws of the State of Florida, hereinafter referred to as the "Town". WITNESSETH: WHEREAS, Section 163.01, Florida Statutes, allows governmental units to make the most efficient use of their powers by enabling them to cooperate with other localities on a basis of mutual advantage; and WHEREAS, Chapter 162, Part I, Florida Statutes, the "Local Government Code Enforcement Act," sets forth a supplemental procedure for local governments to enforce its codes and ordinances; and WHEREAS, the Village employs full time code enforcement staff that are experienced with handling all facets of code enforcement, both with creating and prosecuting cases, and with performing administrative support services in accordance with the provisions of Chapter 162, Florida Statutes; and WHEREAS, the Town typically has a very limited number of code enforcement cases or matters, and does not employ regular code enforcement staff, but is in need of such services from time to time; and WHEREAS, the Village and the Town desire to enter into this Interlocal Agreement for the purpose of the Village providing code enforcement services to the Town on an as needed basis. NOW, THEREFORE, for and in consideration of the mutual covenants and promises contained herein to be kept and performed by the parties hereto, it is agreed as follows: 1. RECITALS: The above recitals are true and correct and incorporated herein by reference. 1 Page 288 of 293 Agenda Item #26. 2. SERVICES TO BE PROVIDED: Village agrees to provide Town with code enforcement services, which shall include a ®code enforcement officer, as well as clerical services for code enforcement proceedings. The Village shall be responsible for the preparation of Notice(s) of Violation, Notice(s) of Hearing, Orders, service of process and all clerical or other requirements necessary to prosecute code enforcement matters for the Town in accordance with Chapter 162, Florida Statutes. Village shall provide a monthly report to Town setting forth the status of all code enforcement matters addressed by Village during the preceding month. Such report shall provide information regarding_new cases opened with Courtesy Notices (if any) issued, and / or Notice(s) of Violation issued, compliance status of all pending cases, and cases scheduled for hearing / Notices of Hearing issued. All hearings for the Town shall be scheduled on the date and time of the Village's regular code enforcement hearings; provided Village shall not schedule any matters for hearing without providing prior notice to the Town Administrator. 3. COMPENSATION: Town shall compensate Village at the rate of $20,000.00 annually to be paid in four equal quarterly installments; $5,000.00 on October 1, January 1, April 1, and July 1 for so long as this Interlocal Agreement remains in effect. Village shall be responsible for payment of all payroll taxes and employee benefits, including workers' compensation and liability insurance, for employees assigned to perform services under this Agreement. The compensation specified herein is separate from, and in addition to, the compensation specified in the interlocal agreement providing for use of the Village's special magistrate. 4. NO TRANSFER: This Interlocal Agreement shall not be assigned or transferred by either party. 5. GOVERNMENTAL POWERS: Nothing contained in this Interlocal Agreement shall be construed to constitute a transfer of powers in any way whatsoever. This Interlocal Agreement is solely an Interlocal agreement to provide services as authorized by Chapter 163, Florida Statutes. The Village's and the Town's governing bodies shall each retain all legislative authority with regard to their respective governing body. All of the privileges and immunities from liability, exemptions from laws, ordinances and rules, and pensions and relief, disability, 2 Page 289 of 293 Agenda Item #26. workers compensation and other benefits which apply to the activity of officers, agents or employees of any public agency when performing their respective functions within the territorial limits for their respective agencies shall apply to the same degree and extent to the performance of such functions and duties of such officers, agents or employees extraterritorially under the provisions of any such Interlocal agreement. 6. GOVERNING LAW: This Interlocal Agreement and any dispute, disagreement, or issue of construction, declaration or interpretation arising hereunder whether relating to its execution, its validity, the obligations provided herein, performance or breach, shall be governed and interpreted according to laws of the State of Florida. Any and all action necessary to enforce this Interlocal Agreement will be held in Palm Beach County, Florida. 7. DEFAULT; REMEDIES: Should either party to this Interlocal Agreement fail to comply with any of the terms and conditions set forth herein, such failure shall constitute a default. An opportunity to cure such a default within thirty (30) days (unless both parties agree that a longer period of time is necessary under the circumstances) shall be allowed by the non -defaulting party. Failure to cure within said period of time by the defaulting party shall constitute a material breach and the non -defaulting party may terminate this Interlocal Agreement immediately with written notice to the other party. 8. TERMINATION: Either party may terminate this Agreement for convenience by providing no less than thirty (30) days written notice of intent to terminate. 9. JOINT PREPARATION: The preparation of this Interlocal Agreement has been a joint effort of the parties, and the resulting document shall not, solely as a matter of judicial constraint be construed more severely against one (1) of the parties than the other. 10. SEVERABILITY: Should any provision of this Interlocal Agreement be declared invalid by a court of competent jurisdiction, same shall be deemed stricken herefrom and all other terms and conditions of this Interlocal Agreement shall continue in full force and effect as if such invalid provision had never been made a part thereof 3 Page 290 of 293 Agenda Item #26. 11. NO WAIVER DUE TO DELAY: No delay be either party in enforcing any covenant or right hereunder shall be deemed a waiver of such covenant or right, and no waiver of any particular provision hereof shall be deemed a waiver of any other provision or a continuing waiver of such particular provision, and except as so expressly waived, all provisions hereof shall continue in full force and effect. 12. PUBLIC RECORDS: Both the Village and the Town shall comply with all requirements of Chapter 119, Florida Statutes, with regard to this Interlocal Agreement and any supporting or ancillary public records related thereto. 13. ENTIRE UNDERSTANDING: This Interlocal Agreement constitutes the entire understanding of the parties and may not be modified, nor any of its provisions waived, unless such modification and/or waiver is in writing and is agreed to and signed by both parties. 14. FILING WITH CLERK OF COURT: This Interlocal Agreement shall be signed in triplicate by both parties and filed for record by the Town, with the Clerk of the Circuit Court of Palm Beach County, Florida pursuant to Section 163.01, Florida Statutes. IN WITNESS WHEREOF, the parties have hereto set their hands and seals this day of , 2021. ATTEST: LORI McWILLIAMS , MMC VILLAGE CLERK (VILLAGE SEAL) APPROVED AS TO FORM AND LEGAL SUFFICIENCY KEITH W. DAVIS, VILLAGE ATTORNEY ATTEST: VILLAGE OF TEQUESTA DATE: TOWN OF JUPITER INLET COLONY Page 291 of 293 Agenda Item #26. IVELIS SE CHICO-RANDAZZO DANIEL J. COMERFORD, III, MAYOR TOWN CLERK (Towle SEAL) APPROVED AS TO FORM AND LEGAL SUFFICIENCY WILLIAM P. DONEY, TOWN ATTORNEY DATE: 5 Page 292 of 293