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HomeMy WebLinkAboutAgreement_Interlocal_8/12/2025_VOT& Jupiter Inlet Colony VILLAGE OF TEQUESTA 1-'AMENDMENT TO THE AGREEMENT FOR FIRE RESCUE SERVICES BY AND BETWEEN THE VILLAGE OF TEQUESTA AND THE TOWN OF JUPITER INLET COLONY THIS FIRST AMENDMENT, made and entered into this 28day of 2025. effective immediately,by and between the Village ofTequcsta, Florida,a municipal corporation organized and existing in accordance with the laws of the State of Florida with offices located at 345 Tcquesta Drive,`I'equesta, Florida 33469,hereinafter referred to as the "Village",and 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"(and collectively the "Parties"). WITNESSETH: WHEREAS,Section 163.01,Florida Slatutes, 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,Pact I,Florida Slatutes, the "Local Government Code Enforcement Act,"sets forth a supplemental procedure for local governments to enforce its codes and ordinances;and WHEREAS, the Village and the Town previously entered into an Interlocal Agreement dated August 19, 1993 for the provision of Fire Rescue Services to the Town by the Village(the"1993 Interlocal");and WHEREAS,the 1993 Interlocal was amended on July 30,2002 by mutual agreement of the Village and the Town solely to extend its Term through September 30,2013;and WHEREAS,on August 14,2013,the Town and the Village entered into a wholly new Interlocal Agreement for the provision of fire Rescue Services to the Town by the Village with a twenty(20)year term,continuing through September 30,2033 (the"2013 Interlocal)attached hereto as"Exhibit A". and WHEREAS,the Town and the Village now desire to amend the 2013 Interlocal Agreement to provide for an extended term, revised termination limitations, and a revised schedule for the 1 amount of compensation paid for services. 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: SECTION 1. The original agreement attached hereto as Exhibit A is hereby amended at Section 6.Fees which shall hereafter read as follows: 6.FEES:The Town agrees to pay the Village for all services in accordance with the following: A.The Town shall pay an annual fee to the Village for each of the twenty (20)years of the term of this Interlocal Agreement as detailed below: B. For each of the first five(5)years of this Interlocal Agreement(August 1, 2025 through August 1,2030),the annual fee shall be Five Hundred Forty-Six thousand, Eight Hundred and Thirteen Dollars($546,813.00)per year.There are no fee increases or adjustments,or any other monies due to the Village from the Town for years one(1)through five(5)(August 1,2025,through August 1, 2030)for the provision of Fire Rescue Services,except for interest on late payments as detailed below. C. Beginning in year six(6)of this Interlocal Agreement(August 1,2030) and for each year thereafter through and including year ten(10)(beginning August 1,2034),the annual fee shall be an amount equal to the previous year's annual fee increased by four percent(4%).The Village shall notify the Town in writing of the increase as provided in this section ninety(90)days prior to implementation. D. Beginning in year(11)of this Interlocal Agreement(beginning August 1, 2035),and for each year thereafter through and including year twenty(20) (beginning August 1,2044),the annual fee shall be an amount equal to the previous year's annual fee increased by six percent(6%).The Village shall notify the Town in writing of the increase as provided in this section ninety(90)days prior to implementation. Each annual fee shall be paid in quarterly installments on December 20, February 15, May 15 and August 15 of the contract/fiscal year during which the services are provided.In the event payment is not made on or before the above dates,the Town shall pay a compounded daily interest rate calculated from the three(3)month Secured Overnight Financing Rate(SOFR)on the unpaid balance. All fees for ambulance transport(ALS and BLS)shall be at the same rate charged to the residents of the Village; shall be charged directly to the patient utilizing the service;and shall be billed,collected,and retained in full by the Village as compensation for rendering such services. 2 SECTION 2. The original agreement attached hereto as Exhibit A is hereby amended at Section 7.Term which shall hereafter read as follows: 7.TERM: It is understood by both parties that this Interlocal Agreement is for a term of twenty (20)years,commencing on August lst,2025,and continuing thereafter until August 1,2045. SECTION 3. The original agreement attached hereto as Exhibit A is hereby amended at Section 8.Termination which shall hereafter read as follows: 8.TERMINATION: A. During years one(1)through ten(10)of this Interlocal Agreement(August 1,2025, through August 1,2035),this Interlocal Agreement may not be terminated except by the Village and then only in the event the Village elects to cease operation of its Fire/ Rescue Department. In such an event,the Village shall provide the Town with written notice no less than eighteen(18)months prior to such termination. B. During years eleven(11)through twenty(20)of this Interlocal Agreement(August 1, 2035 through August 1,2045),either party may elect to terminate this Interlocal Agreement by providing the non-terminating party with written notice of its intent to terminate this Interlocal Agreement. Such notice shall be made no less than eighteen(18) months prior to termination. SECTION 4. The original agreement attached hereto as Exhibit A is hereby amended at Section 9. Renewal which shall hereafter read as follows: 9. RENEWAL:This Interlocal Agreement may be renewed for additional periods of time upon mutual consent of the parties,which consent must be reached by the parties no later than January 31,2044,unless written notice of termination is provided in accordance with Paragraph 8 hereinabove. In the event that this Interlocal Agreement is not renewed, it shall automatically terminate at the end of the twenty(20)year period at 11:59:59 p.m.on August 1,2045. However, nothing contained herein shall prevent the parties from negotiating a new Interlocal agreement at any time. SECTION 4. The original agreement attached hereto as Exhibit A is hereby amended to add an entirely new section:Section 22.Palm Beach County Inspector General which shall hereafter read as follows: 22. PALM BEACH COUNTY INSPECTOR GENERAL:The Inspector General of Palm Beach County has the authority to investigate and audit matters relating to the negotiation and performance of this Interlocal Agreement,and in furtherance thereof may demand and obtain records and testimony from the parties and,any,if applicable,subcontractors and lower tier subcontractors. The parties understand and agree that in addition to all other remedies and consequences provided by law,failure of a party or, if applicable,subcontractors and lower tier subcontractors to fully cooperate with the Inspector General when requested will be deemed to be a breach of this Interlocal Agreement. Failure to cooperate with the Inspector General,or 3 interfering with or impeding any investigation shall be in violation of Palm Beach County Code, Section 2-421-2-440,and may be punished pursuant to Section 125.69, Florida Statutes, in the same manner as a second degree misdemeanor. SECTION 5. All other sections of the 2013 interlocal agreement shall remain in full force and defect as originally entered into by the Town and Village. SECTION b. All Articles and paragraphs of the Agreement which are not specifically mentioned in this Amendment remain in full force and effect. WHEREFORE,,the parties have set their authorized signatures on the dates set forth next to each. AES I': . „F CjE OO TT' T VILLAGE OF TEQUESTA P,, P BY: ANC pRpO�'1 C Pr► Name: Upon I_ RA-rj Tj tle= Mayor ` v�V) 1 ;Date: �13 ofS APPROVED AS TO FORM ANC ; LEGAL SUFFICIENCY Keith W. Davis,Village Attorney ATTEST: TOWN OF JUPITER INLET COLONY r BY: BY: Printed Name: Title: [date: APPROVED AS TO FORM AND L EC SU F IE ' �y William P. Doney,Town Attorney 4 interfering with or impeding any investigation shall be in violation of Palm Beach County Cbdc� Section 2421-2A40,and may be punished pursuant to Section 125.69,I'lorida Statutes,in the some manner as a second degree misdemeanor. SECTION 5. All other sections of the 2013 interlocal agreetnent shall remain in full force and defect as originally entered into by the Town and Village. $F,0:10N 4. All Articles and paragraphs of the Agreement which aiv not speciifiwUy nuntioned in this Amendment remain in full force and effect. WHEREFORE,the parties have set their authorized signatures on the dams set forth next to each. A'MST: VILLAGE OF TEQU FSTA BY: BY: Printed Name._Mal, 1&21 Title: fY1(k4 0 r Date: APPROVED 'TO M AND APPROVED LEGAL, TICIEN Keith W.Davis,Village Attomey j ATTEST. TOWN OF JUPITRR INLXT COLONY Printed Name: j Title: ,�I,,,": Dates'_-2.1 of -� APPROVED AS TO FORM AND LEQ ,SU F I 'XilliamP.Donty..Town Attorney 4