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HomeMy Public PortalAboutAgreement with Wagner Legal Services - 2023-25AGREEMENT THIS AGREEMENT is made and entered into this it day of 06-(O E,Z , 2023, by and between the Town of Gulf Stream, a municipal corporation organized and existing under the laws of the State of Florida ("Town"), and Wagner Legal Service ("Wagner"). WITNESSETH: WHEREAS, the Town wishes to retain the services of Wagner to serve as the Town's Code Enforcement Special Magistrate. 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. Wagner shall serve as the Town's Code Enforcement Special Magistrate at all scheduled Code Enforcement hearings in accordance with the Town's Code of Ordinances and shall devote such time as is necessary to perform the duties therein. B. Wagner shall exercise all authority granted by the Town's Code of Ordinances. SECTION 2. TERMS AND TERMINATION A. This Agreement is effective starting May 15, 2023, and shall remain in effect for a period of two (2) years, unless terminated earlier. 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. C. In the event of termination, Wagner will be compensated for all services actually performed prior to the date of termination. SECTION 3. INDEPENDENT CONTRACTOR A. Wagner is responsible for providing a professional service, and Wagner will be solely responsible for all payroll taxes, including, but not limited to, federal income tax, FICA, and federal and state unemployment taxes. Wagner will be responsible for the filing of an IRS Form 1099 and the payment of applicable self-employment taxes. SECTION 4. COMPENSATION A. As compensation for performing the services contemplated by this Agreement, the Town will pay Wagner the sum of One Hundred Ninety Dollars ($190.00) for each hour worked. B. The Town shall pay Wagner on a monthly basis, upon receipt of an invoice detailing all services performed and the amount of time expended to the nearest one -tenth (1/10) 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 Town: Town of Gulf Stream 100 Sea Road Gulf Stream, FI 33483 As to Wagner: Wagner 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 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. 2 IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first above written. APPROVED AS TO FORM AND LEGAIL SUF ICIENCY By: wn Attorney TOWN OF GULF STREAM By: an, Mayor V1 C:3 3