HomeMy WebLinkAboutDocumentation_Regular_Tab 07_4/11/2024 Agenda Item #7.
Regular Council
STAFF MEMO
Meeting: Regular Council - Apr 11 2024
Staff Contact: Keith Davis, Village Attorney Department: Code Enforcement
Consider Approval of a New Agreement for Special Magistrate Services for Existing Magistrate
Wagner, at the Rate of$175.00 Per Hour
This a new 3-year agreement for Mr. Wagner to continue to provide code enforcement special
magistrate services at the new rate of $175.00 per hour. Note that the Village typically recovers
these costs as administrative costs when it is successful in prosecuting a code enforcement case.
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.
BUDGET INFORMATION: low
BUDGET AMOUNT na AMOUNT AVAILABLE na EXPENDITURE AMOUNT: na
FUNDING SOURCES: na IS THIS A PIGGYBACK:
❑ Yes ❑ N/A
DID YOU OBTAIN 3 QUOTES?
❑ Yes ❑ N/A
COMMENTS/EXPLANATION ON SELECTIONna
POTENTIAL MOTION - • e
Approve the new special magistrate agreement on the consent agenda.
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Agenda Item #7.
VILLAGE OF TEQUESTA
AGREEMENT FOR SPECIAL MAGISTRATE SERVICES
THI AGREEMENT is made and entered into this day of
``ram 2024, by and between the Village of Tequesta, a municipal
corporation organized and existing under the laws of the State of Florida ("Village"), and
WLS Legal Service ("WLS").
WITNESSETH:
WHEREAS, the Village wishes to retain the services of WLS to serve as the
Village's Code Enforcement Special Magistrate pursuant to Florida Statutes, Ch. 162,
and Village of Tequesta Code of Ordinances, Ch. 2, Art. IV.
NOW, THEREFORE, in consideration of the promises, mutual covenants,
conditions, provisions, and undertakings herein contained, and for other good and
valuable consideration, the parties do mutually covenant and agree with each other as
follows:
SECTION 1. DUTIES
A. WLS shall serve as the Village's Code Enforcement Special Magistrate at all
regular or specially scheduled Code Enforcement hearings in accordance
with the Village's Code of Ordinances and shall devote such time as is
necessary to perform the duties required thereby.
B. Regular scheduled hearings shall be set in advance by the Village for each
calendar year and those dates shall be cleared with WLS in advance.
Specially set hearings shall be scheduled in advance by the Village in
consultation with WLS on a case by case basis.
C. WLS shall exercise all authority granted by the Town's Code of Ordinances.
SECTION 2. TERMS AND TERMINATION
A. This Agreement shall remain in effect for a period of three (3) years, unless
terminated earlier. This Agreement shall thereafter automatically renew for
successive one year terms, and the parties may re-negotiate agreement
provisions including hourly rate, in conjunction with any such automatic
renewal.
B. This Agreement may be terminated at any time by either party, for any or no
reason, by serving notice on the other party in accordance with Section 5
herein. Such notice shall be effective on the day it is delivered or mailed.
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Agenda Item #7.
C. In the event of termination, WLS will be compensated for all services actually
performed prior to the date of termination.
SECTION 3. INDEPENDENT CONTRACTOR
A. WLS is responsible for providing a professional service, and WLS will be
solely responsible for all payroll taxes, including, but not limited to, federal
income tax, FICA, and federal and state unemployment taxes.
SECTION_4. COMPENSATION
A. As compensation for performing the services contemplated by this
Agreement, the Village will pay WLS the sum of One Hundred Seventy-Five
Dollars ($175.00) for each hour worked,
B. The Village shall pay WLS on a monthly basis, upon receipt of an invoice
detailing all services performed and the amount of time expended to the
nearest one-tenth (1110) of an hour.
SECTION 5, NOTICES
A. All written notices required under, or contemplated by, this Agreement shall
be hand delivered, telecommunicated, or mailed by certified mail, return
receipt requested, to the following addresses:
As to the Village:
Village of Tequesta
345 Tequesta Drive
Tequesta, FL 33469-0273
As to WLS:
WLS Legal Service
6129 Bautista Way
Palm Beach Gardens, Florida 33413
SECTION 6. GENERAL PROVISIONS
A. This Agreement shall constitute the entire understanding between the parties
and shall be modified and amended only in writing and executed with the
same formalities as the original.
B. If any provision, or any portion thereof, contained in this Agreement is held to
be unconstitutional, invalid, or unenforceable, the remainder of this
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Agenda Item #7.
Agreement, or portion thereof, shall be deemed severable, shall not be
affected, and shall remain in full force and effect.
C. This Agreement may not be assigned without the prior written consent of all
parties to this Agreement.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the
date first above written.
Village of Tequesta
Digitally signed by Jeremy Allen
Jeremy A I I e n Date:2024.03.05 11:02:42
By: -05'00'
APPROVE S FORM AND
LEGA F I N
By:
Village Atto e
WLS
By: )�Uml 16n
3
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