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The Enforcement Officer will spend a minimum average of four hours per week enforcing the <br />City Fertilizer Ordinance within the City each calendar month (e.g. 16 hours monthly). Such <br />enforcement includes, but is not limited to, educating the public and lawn -maintenance <br />personnel on the City Fertilizer Ordinance, responding to complaints related to the City <br />Fertilizer Ordinance, investigating violations of the City Fertilizer Ordinance, issuing warnings <br />and code enforcement citations as provided by the Code Enforcement Ordinance, preparing <br />for and attending City Code Enforcement Board hearings and undertaking other actions <br />necessary for managing City Fertilizer Ordinance cases. <br />3. Reimbursement by City; Billing. The County will send invoices to the City <br />monthly for the actual hours worked by the Enforcement Officer in enforcing the City's <br />Fertilizer Ordinance during the preceding month. The amount billed will be determined using <br />the current salary plus benefits and overhead of the Enforcement Officer. The City shall then <br />pay to the County the amount set forth in the invoice within 30 days of receipt of the invoice. <br />4. Term of the Agreement. This Agreement shall be for one year, commencing on <br />the effective date as set forth in Section 12 below, and shall automatically renew each <br />subsequent year. Either party may terminate this Agreement at any time and for any reason <br />upon at least thirty days written notice to the other party. <br />5. Notices. Any notice, request, demand, consent, approval or other <br />communication required or permitted by this Agreement shall be given or made in writing and <br />shall be served, as elected by the party giving such notice, by any of the following methods: <br />(1) Hand delivery to the other party; or (2) Delivery by commercial overnight courier service; <br />or (3) Mailed by registered or certified mail (postage prepaid), return receipt requested at the <br />addresses of the parties shown below: <br />County: <br />Indian River County Public Works Department <br />Attn: Public Works Director <br />1801 27th Street, Building A <br />Vero Beach, Florida 32960 <br />City: <br />City Manager <br />City of Vero Beach <br />1053 20th Place <br />Vero Beach, FL 32960 <br />6. Applicable Law; Venue. The validity, interpretation, construction, and effect of <br />this Agreement shall be in accordance with and governed by the laws of the State of Florida, <br />only. The location for settlement of any and all claims, controversies, or disputes, arising out <br />of or relating to any part of this Agreement, or any breach hereof, as well as any litigation <br />between the parties, shall be Indian River County, Florida for claims brought in state court, <br />and the Southern District of Florida for those claims justiciable in federal court. <br />2015.05.06.City Fertilizer Enforcement ILA.docx <br />2 <br />