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Home My WebLink AboutAgreement_Interlocal_5/8/2025_Jupiter Inlet Colony INTERLOCAL AGREEMENT FOR CODE ENFORCEMENT AND MAGISTRATE SERVICES BY AND BETWEEN THE VILLAGE OF TEQUESTA AND THE TOWN OF JUPITER INLET COLONY t+' .12 0 as THIS INTERLOCAL AGREEMENT is entered into this 6 day of, , 24-24 by and between the Village of Teduesta,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. 2. SERVICES TO BE PROVIDED: A. Village agrees to provide Town with code enforcement services, which shall include a code enforcement officer and/or a Special Magistrate, as well as clerical services for code enforcement proceedings as needed by the Town, if available, 1 and on a case-by-case basis as requested by Town.For cases represented by a Village Code Enforcement Officer,the Village shall be responsible for the preparation of Notice(s) of Violation,Notice(s)of Hearing,Orders,service of process and all clerical requirements necessary to prosecute code enforcement matters for the Town in accordance with Chapter 162,Florida Statutes.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. Town shall be responsible for having staff present at the code enforcement hearing for case prosecution.Village shall provide a monthly report to the 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. B. Alternatively,Town may,in its discretion, utilize its own staff to provide the services and functions set forth in Paragraph 2A above.In such event,Town will notify Village at the time a hearing is requested before the special magistrate so the matter may be placed on a hearing docket.Town shall be responsible for payment of a proportionate share of the special magistrate's charges as set forth in Paragraph 3. For cases represented by a Town Code Enforcement Officer,the Town shall be responsible for the preparation of the Notice(s)of Violation, Notices of Hearing,Orders, service of process in accordance with Charter 162, Florida Statute. 3.COMPENSATION:Town shall compensate Village at an hourly rate for code enforcement services under this agreement at a rate of$46.00 per hour.In addition,Town shall reimburse Village for a proportionate share of the special magistrate's time dedicated to any Town cases. 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. 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,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 2 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. CODE ENFORCEMENT APPEALS:Town agrees and understands that this agreement extends only to initial prosecution of code enforcement cases.In the event an individual decides to appeal any order of the Special Magistrate associated with a Town case Jupiter Inlet Colony shall be fully responsible for managing all aspects of the ensuing appeal. 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 here from 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. 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 related to code enforcement services and supersedes any prior 3 agreement.This agreement may not be modified, nor any of its provisions.waived, unless such modification aud/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 2025 F;;;TF R...... .. ��Q.:•� P �Q N, Q ATTEST: '" G VILLAGE OF TE UESTA n =, SEAL D- .INCORPORATED:' LORI McWILLIAM MOLLY YO G,MAYOR VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY DATE: KEITH W. DAVIS,VILLAGE ATTORNEY ATTEST: TOWN OF JUPITER INLET COLONY r , ZGAL IVELISSE CHICO-RANDAZZO OCEVAR,MAYOR TOWN CLERK APPROVED AS TO FORM AND LEGAL SUFFICIF ,Nf,Y -�s DATE: WILLIAM P. DONEY,TOWN AORNEY 4 I i 1 3 4 agreement.This agreement may not be modified,not 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 CLERIC 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 W I<:'NESS WHEREOF,the parties have hereto set their hands and seals this day of fl- (b( ,2025 ,wnru ATTEST:; fi VILLAGE OF TEQUESTA >aINC i LORI.%IcWILLIAM MOLLY YOL`TN1G,MAYOR VILLAGE-"CLERK i APPR6VEDAS TO FORM AND LEGAL SUFFICIENCY Z DATE: , KEITH W.UAWS,VILLAGE ATTORNEY ATTEST: TOWN OF 3UPITER INLET COLONY IVELISSE CHICO-RANDAZZO �ED HOCEVAR,MAYOR TOWN CLERK i APPROVED AS TO FORM AND LEGAL SUFFIC NCY, 1. yVIELIAM P. DONBY,TOWN r 14ORNHY 4