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Res No 099-12-13656RESOLUTION NO. 9 9 -12 -1 3 6 5 6 A Resolution authorizing the City Manager to execute a contract relating to Special Magistrate services; appointing Harold V. Hickey, Esquire, as an additional Special Magistrate for the City of South Miami at a rate of $100.00 per hour; authorizing expenses to be charged to account number 001 - 1640 -524 -3111 (Code Enforcement Professional Services Special Magistrate). WHEREAS, pursuant to Ordinance No. 6 -03 -1790, adopted by the South Miami City Commission on March 18, 2003 establishing a Special Magistrate at a rate of $100 per hour; and payment to be made from account No. 001- 1640 - 524 -3111 Code Enforcement Professional Services Special Magistrate, with a current balance of $1,100.00; and, WHEREAS, the use of Special Magistrate has proven to be an expeditious, cost effective and fair means of adjudicating issues relating to code violations; and WHEREAS, based on his background, experience, and interview, the City Manager recommends Harold V. Hickey, Esq., to fill a term of one year to provide the Special Magistrate services to the City of South Miami commencing May 7, 2012, and ending May 7, 2013; and WHEREAS, the Mayor and City Commission have accepted the above recommendation. NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA; Section 1. Harold V. Hickey, Esq., is hereby appointed to serve as Special Magistrate for the City of South Miami at the rate of $100.00 per hour to be charged to account No. 001 - 1640 -524 -3111, Code Enforcement Professional Services Special Magistrate. Section 2. Special Magistrate services of Harold V. Hickey, Esq., shall remain in effect for a period of one -year commencing May 7, 2012, and ending May 7, 2013. Section 3. Harold V. Hickey, Esq., shall be authorized to conduct hearings as may be required in accordance Ordinance No. 6 -03 -1790 and concerning issues that arise under the City's Code of Ordinances, Land Development Code, the Florida Building Code and the Miami -Dade County Code. Section 4. If any section clause, sentence, or phrase of this resolution is for any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not affect the validity of the remaining portions of this resolution. Section 5. This resolution shall become effective immediately upon adoption by vote of the City Commission, PASSED AND ADOPTED this 1 stday of May , 2012. Pagel of 2 Res. No. 99 -12 -13656 ATTEST: COMMISSION VOTE: 5 -0 Mayor Stoddard: Yea Vice Mayor Liebman: Yea Commissioner Newman: Yea Commissioner Harris: Yea Commissioner Welsh: Yea Page 2 of 2 CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER- OFFICE MEMORANDUM To: The Honorable Mayor and Members of the ity Commission Via: Hector Miir,,.abile, Ph.D, City Manager From. Caker, hief Coordinating O /fficer /Code Enforcement Manager Date. May I, 2012 Agenda Item # Subject: A Resolution authorizing the City Manager to execute a contract relating to Special Magistrate services; appointing Harold V. Hickey, Esquire, as an additional Special Magistrate for the City of South Miami at a rate of $100.00 per hour; authorizing expenses to be charged to account number 001 -1640 -524 -3111 (Code Enforcement Professional Services Special Magistrate). Background: The City Commission adopted Ordinance No. 6 -03 -1790, establishing a Special Magistrate in an effort to preside over code enforcement violation hearings. The use of a Special Magistrate is a cost effective option of adjudicating issues relating to code violations that has proven to be fair and expeditious. This is an additional appointment to Bruce Blitman who is currently presiding over the City's Code Enforcement hearings and necessary due to an increase in intent to lien hearings for false alarms, excess trash, storm water, and upcoming vehicle impoundment cases. Harold V. Hickey, Esq., maintains a private practice focused in probate, guardianship and real estate matters and civil litigation. He also presides over the Office of Criminal Conflict and Civil Regional Counsel Third Region, and is the Special Magistrate of the Eleventh Judicial Circuit of Florida (December 1998- Present). Pursuant to the above - referenced ordinance, staff recommends the appointment of Harold V Hickey, Esq.; his resume is attached. Harold V. Hickey, Esq. will be appointed to serve for a period of one -year commencing May 7, 2012, and ending May 7, 2013, or until other successor is appointed by the City Commission. The negotiated fee to provide said services is $100.00 per hour. Expense. $2,200 (estimated expense through the end of FY 2012) Account. Funds are budgeted in account number 001 -1640- 524 -31 11 with a balance of $1,100.00. Attachments. Resolution Resume HAROLD V. HICKEY 8250 S.'W.106th Street Miamii, Florida 33156 (305) 598 -8547 Bar Membership - Florida Bar, U.S. District Court, S.D. Florida Elder Law and Real Property and Probate Sections eiations- .National Academy of Elder Law Attorneys, Florida Academy of Elder Law Attorneys, Lawyers -Pilot Bar EXPERIENCE. THE LAW OFFICES OF HICKEY & HICKEY, P.A., South Miami, Florida Attorney, June 1991 - Present Maintaih a private practice focused in probate, guardianship and real estate matters and ci litigation of contested issues which arise fioom these areas of law. OFFIC# OF CRIMINAL CONFLICT AND CIVIL REGIONAL COUNSEL THIRD REGION. Lead Cdurnel for the Mental Health Division, January 1, 2008 - Present Manage! attorneys in division, coordinate hearings and schedule, litigate all matters. ELEVEN, TH JUDICIAL CIRCUIT OF FLORIDA Special Magistrate, December 1998 - Present Conduct. evidentiary hearings as directed by the Probate Administrative Judge, JOSEPHS, JACK & GAEBE, Coral Gables, Florida September 1990 - June 1991 d and advised clients in both plaintiff and defense cases. Presented motions and before the court. Conduct depositions. HADDAP.1 JOSEPHS, JACK &GAEBE, Coral Gables, Florida Law Clerk; October 1989 - September 1990 Researched and analyzed diverse areas of civil law, including Florida insurance law. Prepared recommendations for application in insurance defense cases. Drafted nleadlos, motions, and memoranda. HINSIIA,W, CULBERTSON, MOELAIIAN, H.OBAN & FULLER, Miami, Florida Law Clerk: June 1988 - October 1989 i in all phases of insurance defense practice, including research, c of memoranda, pleadings, and discovery proceedings. Composed of advance sheets and session laws. Trained office personnel in computer S. C. S AND ASSOCIATES, .Fort Lauderdale, Florida Insurance Adjuster, July 1986 - September 1987 Investigkted claims, evaluated losses, prepared reports, interviewed witnesses, diagramed accident scenes, settled cases on $100, 000 standing authority, negotiated with counsel. EDUCATION$ UNIVERSITY OF MIAMI SCHOOL OF LAW, Coral Gables, Florida Juris Docior, May 1990 Activities A oot Court Competitor, Spring 1988, Member of the Banking and Business Lary Society, Founder and Chairperson of the Committee on Insurance. FLORIDA ATLANTIC UNIVERSITY, Boca Raton, Florida Bachelor cif Business Administration, December 1982 Major in Management Member Search Page 1 of 1 The Florida Bar www.floridabar.org Harold Vincent Hickey Member in Good Standing (Eligible to practice in Florida ID Number: - 869260 Address: 7800 Red Rd Ste 305 South Miami, Florida 331435544 United States Phone: 305.6618000 Fax: 305.6618981 E -Mail: HAROLDVHICKEY @BELLSOUTH.NET vCa rd : County: Miami -Dade Circuit: 11 Admitted: 11/21/1990 Sections: Elder Law Real Property Probate and Trust Law 10 -Year Discipline None History The Find A Lawyer directory provides limited basic information about attorneys licensed to practice in Florida and is provided as a public service by The Florida Bar. The information contained herein is provided "as is" with no warranty of any kind, express or implied. The Florida Bar, its Board of Governors, employees, and agents thereof are not responsible for the accuracy of the data. Much of the information is provided by the attorney and it is the attorney's responsibility to review and update the information. Publication of attorneys' contact information within this listing should not be construed as their consent to receive unsolicited communications in any form. Certain unauthorized uses of this data may result in civil or criminal penalties. The Find A Lawyer directory is not a lawyer referral service. [Revised: 07_08 -2011] © 2005 The Florida Bar I Disclaimer I Top of page I _PDT- I http:// www. floridabar. org /names.nsf /O/4CBD9D7566B734F 185256A8400276CDB ?Open... 4/25/2012 CONTRACT BETWEEN CITY OF SOUTH MIAMI AND HAROLD V. HICKEY, ESQUIRE This contract is made and entered into this 1 S1 day of L , 20_tL between the City of South Miami ( "City "), a Florida municipal corporati n, located at 6130 Sunset Drive, South Miami, Florida 33143 and HAROLD V. HICKEY, Esq. ( "Special Master "), individually, located at 8250 SW 106th Street, Miami, Florida 33156. WITNESSTH: WHEREAS, the City desires to engage and retain the services of the Special Master to perform Special Master services as described in this contract and the Special Master desires to accept the engagement; and, NOW THEREFORE, in consideration of the sum Ten dollars ($10.00), the mutual promises and covenants contained in this contract, and for other good and valuable consideration, the receipt and legal sufficiency of which is acknowledged by both parties, the parties agree as follows, 1. WHEREAS CLAUSES 1.1. The above whereas clauses are incorporated and made a part of this contract. 2. SCOPE OF WORK 2.1. The scope of work is provided within the City's Code of Ordinances, Chapter 2, section 2 -24 (powers, duties and qualifications) and 2 -25 (code enforcement procedures). 3. COMMENCEMENT DATE AND TERM 3.1. The term shall commence upon the date of the execution of this contract, but not earlier than May 7, 2012 and expires on May 7, 2013, 3.2. Work shall commence upon the issuance of an agenda, for the Special Master, by the City. Work shall proceed in substantial compliance with the scope of work. 4. PAYMENT 4.1. The City shall pay the Special Master one hundred dollars ($100.00) per hour as provided in the City's code of ordinances. 4.2. The City shall not be liable to pay, and shall not pay, charges for extra work, delay charges, or additional work, unless the City Manager specifically authorizes the extra or additional work, in a written order before the commencement of the work. In no event shall the total amount paid under this contract exceed the annual budgeted amount for the Special Masters unless approved by resolution of the commission. Page 1 of 5 5. TRANSFER AND ASSIGNMENT 5.1. None of the work or services under this contract shall be subcontracted unless the Special Master obtains prior written consent from the City. Approved subcontractors shall be subject to each provision of this contract and the Special Master shall be responsible and indemnify the City for all subcontractors' acts, errors or omissions. 5.2. The Special Master shall not assign, transfer or however, claims for money by the Special Master from assigned, transferred or pledge to a bank, trust company, the City's approval. Written notice of any assignment, furnished by the Special Master to the City within ten pledge. 6. TERMINATION FOR DEFAULT pledge any interest in this contract, the City under this contract may be or other financial institution without transfer or pledge of funds shall be days of the assignment, transfer or 6.1. Either party may terminate this contract prior to the expiration of its term or any subsequent renewal term on account of a material breach of this contract by the other party. The contract shall not be terminated until the breaching party is given written notice of the breach and ten (10) days to cure the default. If the default is not cured within the ten (10) days cure period, then the contract shall automatically terminate upon the expiration of the ten (10) days following the receipt of the notice of breach. If the default is cured within ten (10) days of the notice, then the contract may not be terminated. If the same or similar breach occurs a second time, the contract may be terminated, at the option of the non - breaching party, without prior notice or opportunity to cure the default. 6.2. In the event that the Special Master is unable to complete the services identified in Paragraph 2.1 due to causes beyond the Special Master's control, the Special Master may terminate this contract prior to the expiration of the initial term or any subsequent renewal term upon not less than ten -days prior written notice to the City. 6.3. The City shall have no liability to the Special Master for future profits or losses in the event of termination or otherwise. 6.4. The rights and remedies of the City provided in this provision shall not be exclusive and are in addition to any other rights and remedies provided by law or under this contract. 7. TERMINATION FOR CONVENIENCE 7.1. The City may terminate this contract for convenience at any time by giving ten days written notice to the Special Master. The Special Master will be permitted to complete hearings and shall be paid for all satisfactory work completed. The City shall not be liable for future profits or losses. 7.2. In the event that the City improperly terminates the contract for cause, the termination shall be deemed a termination for convenience under this paragraph. J Page 2 of 5 8. INTEREST PAYMENTS DUE TO LATE PAYMENT 8.1. The City shall make payment to the Special Master within thirty (30) days of receipt of the original written invoice. Interest shall accrue on unpaid invoices as provided by Florida Statute, currently sec. 218.74. 8.2. The Special Master shall not be entitled to any carrying charges or finance fee due to late payment by the City. 9, LI"S 9.1. The Special Master is prohibited from placing a lien on City's property. 10. INDEPENDENT CONTRACTOR 10.1. The Special Master is furnishing his services as an independent contractor and nothing in this contract shall create any employer- employee relationships, association, partnership or joint venture between parties. 10.2. As an independent contractor the Special Master agrees and acknowledges that he or she is not an employee of the City of South Miami and therefore not entitled to participate in benefits from City of South Miami Pension Plan or insurance plan. 11. INDEMNIFICATION 11.1. The Special Master shall defend, indemnify and hold the City harmless from any and all claims, liability, losses, expenses, and cause of action arising solely out of an act by the Special Master of intentional misconduct or malfeasance. 12. JURISDICTION AND VENUE 12.1. For the purpose of this contract, Florida law shall govern the terms of this contract and venue shall be in Miami -Dade County, Florida. 13. SOVEREIGN IMMUNITY AND NON -JURY TRIAL 13.1. The City does not waive sovereign immunity for any claim or for an award of prejudgment interest. 13.2. Trial by Jury. The parties. waive their right to a jury trial as to any matters that arise out of this agreement 14. NOTICES 14.1. All notices given or required under this contract shall be deemed sufficient if sent by certified mail, return receipt requested, to the addresses of the Special Master and to the City Page 3 of 5 specified in this contract, unless either party shall specify to the other party a different address for the giving of the notices. 14.2. For the purposes of this contract, the addresses of the parties for all notices are as follows: To the City: City of South Miami 6130 Sunset Drive South Miami, FL 33143 Attention: City Manager To the Special Master: HAROLD V. HICKEY, Esq. 8250 SW 106TH STREET, MIAMI, FLORIDA 33156 Attn: HAROLD V. HICKEY, Esq, 15. EXAMINATION AND RETENTION OF CONTRACTOR'S RECORD 15.1. The City, or any of its duly authorized representative, shall, until 3 years after final payment under this contract, have access to and the right to examine any of the Special Master's books, ledgers, documents, papers, or other records involving transactions related to this contract for the purpose of making, examination, excerpts, and copies.. OWNERSHIP OF DOCUMENTS All documents, reports, or other records, including electronic records, resulting from the services rendered by the Special Master under this contract shall be deemed the property of the City and the City shall have all rights incident to this ownership. The Special Master acknowledges that all documents prepared under this contract shall be public records, and shall be subject to public inspection and copying, as provided by Florida Statute, Chapterl 19. Upon conclusion of this contract, all documents shall be delivered by the Special Master to the City. The Special Master shall have the right to retain copies of the documents at the Special Master's expense. 16. SEVERABILITY 16.1. Should any paragraph or any part of any paragraph of this contract be determined to be void, invalid or unenforceable by any court ,of competent jurisdiction, for any reason, that determination shall not render void, invalid or unenforceable any other section or part of any section of this contract. 17. ENTIRE CONTRACT 17.1. The contract, when signed by all of the parties, constitutes the full and complete understanding of all parties and shall not be in any manner interpreted in contradiction of the express terms of the contract. This contract and the incorporated attachments, if any, constitute the entire understandings, oral or written, between the parties. Page 4 of 5 18. CONTINGENCY FEE AND CODE OF ETHICS WARRANTY 18.1. The Special Master warrants that neither he, nor any his principals, employees, agents, representatives or family members have paid or promised to pay a fee that is contingent upon the City awarding this contract to the Special Master. 18.2. The Special Master warrants that neither he nor any of his principals, employees, agents, representatives or family member has procured, or attempted to procure, this contract in violation of any of the provisions of the Miami -Dade County or the City of South Miami conflict of interest code or ethics ordinances. 18.3. A violation of this section shall result in the termination of the contract for cause and forfeiture of funds paid, or to be paid, to the Special Master. 19. MISCELLANEOUS 19.1. In the event a court must interpret any word or provision of this agreement, the word or provision shall not be construed against the party who drafted this agreement. IN WITNESS WHEREOF, the parties hereto, acting individually or through their duly authorized officers, have executed this contract as of the date first above written. City of South Miami By: 7 Dr. Hect r Mirabile City Manager a l CITY CLERK Page 5 of 5 Special By: opuulai