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HomeMy WebLinkAboutAgreement_General_4/11/2024_Special Magistrate Kevin Wagner Agenda Item #7. VILLAGE OF TEQUESTA AGREEMENT FOR SPECIAL MAGISTRATE SERVICES THISAGREEMENT is made and entered into this day of ec� . 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. Page 230 of 2231 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 8129 Bautista Way Palm Beach Gardens, Florida 33418 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 2 Page 231 of 2231 Agenda Item V. 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 AllenDate:2024.03.05 11:02:42 By: -05,00, APPROVE FORM AND LEGA F �E �Y- B Y. %I- Y. pillage g illage yAtftt!oo�e� MILS By: Page 232 of 2231