Res No 107-13-13925RESOLUTION NO. 10 7 -1 3 -1 3925
A Resolution authorizing the City Manager to execute a contract relating to
Special Magistrate services; appointing Harold V. Hickey, Esquire, as
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 $3,498.50; 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 past performance 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 June 20, 2013, and ending June
20, 2014; and,
WHEREAS, the Mayor and City Commission accept 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
and pursuant to the terms of the attached contract.
Section 2. Said Special Magistrate services shall remain in effect for a period of
one -year commencing June 20, 2013, and ending June 20, 2014.
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.
Page 1 of 2
Res. No. 107 -13 -13925
PASSED AND ADOPTED this 21 day of May , 2013.
AT .
CLERK
FORM,
APPROVED:
�0 aajvj— -
ME I • r
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 City Commission
Via: Steven J. Alexander, City Manager
0,
South Miami
All - America City
2001
From: Carmen Baker, Chief Coordinating Officer /Code Enforcement Director r 10
Date: May 21, 2013 Agenda Item # 6
Subject: A Resolution authorizing the City Manager to execute a contract
relating to Special Magistrate services; appointing Harold V.
Hickey, Esquire, as 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.
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 re- 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 June 20, 2013, and ending June 20, 2014, 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 2013)
Account: Funds are budgeted in account number 001 -1640- 524 -31 1 1 with a balance of
$3,498.50.
Attachments: Resolution
Resume
4
CONTRACT BETWEEN THE CITY OF SOUTH MIAMI
AND HAROLD V. HICKEY, ESQUIRE
This contract is made and entered into this day of J�n4 , 2013, between the City of
South Miami ( "City "), a Florida municipal corporation, located at 6130 Sunset Drive, South
Miami, Florida 33143 and Harold V. Hickey, Esq. ( "Special Master /Magistrate "), individually,
located at 7800 Red Rd., Suite 305, South Miami, FL 33143.
WITNESSTH:
WHEREAS, the City desires to engage and retain the services of the Special
Master/Magistrate to perform Special Master/Magistrate services as described in this contract and
the Special Master/Magistrate 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.i. IM scope of work iS
provided wltlllrl the h1Ly's Code of Vrd1TlaIiceS, 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
a l(V dI0 .2613 and expires on jU rv-- aO , 2014.
3.2. Work shall commence upon the issuance of an agenda, for the Special Master/Magistrate, 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/Magistrate 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'fid-M under
this contract exceed the annual budgeted amount for the Special
by resolution of the commission.
Cif /�
Special Master
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 /Magistrate obtains prior written consent from the City. Approved subcontractors shall be
subject to each provision of this contract and the Special Master /Magistrate shall be responsible
and indemnify the City for all subcontractors' acts, errors or omissions.
5.2. The Special Master/Magistrate shall not assign, transfer or pledge any interest in this contract,
however, claims for money by the Special Master/Magistrate from the City under this contract may
be assigned, transferred or pledge to a bank, trust company, or other financial institution without
the City's approval. Written notice of any assignment, transfer or pledge of funds shall be furnished
by the Special Master/Magistrate to the City within ten days of the assignment, transfer or pledge.
6. TERMINATION FOR DEFAULT
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/Magistrate is unable to complete the services identified in
Paragraph 2.1 due to causes beyond the Special Master/Magistrate's control, the Special
Master/Magistrate 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/Magistrate 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/Magistrate. The Special Master/Magistrate 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.
WCi
,////,
Special aster/M istrate
Page 2 of 5
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.
S. INTEREST PAYMENTS DUE TO LATE PAYMENT
8.1. The City shall make payment to the Special Master/Magistrate within thirty (3 0) 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/Magistrate shall not be entitled to any carrying charges or finance fee due
to Iate payment by the City.
9. LIENS
9.1. The Special Master/Magistrate is prohibited from placing a lien on City's property.
10. INDEPENDENT CONTRACTOR
10.1. The Special Master/Magistrate 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/Magistrate 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/Magistrate 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/Magistrate 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.
E
Ci J�(/
Special Master/M ate
Page 3 of 5
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/Magistrate and to the City
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/Magistrate: Harold V. Hickey, Esq.
7800 Red Rd., Suite 305
South Miami, FL 33143
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/Magistrate'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/Magistrate 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/Magistrate
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/Magistrate to
the City. The Special Master/Magistrate shall have the right to retain copies of the documents at the
Special Master/Magistrate'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 con di tion of the
Page 4 of 5
Special Master /Magistrate
express terms of the contract. This contract and the incorporated attachments, if any, constitute the
entire understandings, oral or written, between the parties.
18. CONTINGENCY FEE AND CODE OF ETHICS WARRANTY
18.1. The Special Master/Magistrate 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/Magistrate.
18.2. The Special Master/Magistrate 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/Magistrate.
19. MISCELLAD LOUS
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
V111cers, have UAKAILLLGU thls. contract as of Lhe Uate 111Jt above WlMcn.
The City gf-9-outh Miami
sn Alexander
Manager
A.
B
Maria Menendez VIf
CITY CLERK
Page 5 of 5
Special �er/Magistr to
B
Harold V. Hickey, Esq.
*peciaal /Magistr
b;
HAROLD V. HICKEY
8250 S.W.106th Street
Miami, Florida 33156
(305) 598 -8547
Bar,V11e.mbership - Florida Bar, U.S. District Court, S.D. Florida
Ender Law and Real Property and .Probate Sections
Association -, Vational .Academy of Elder .Law Attorneys, Florida Academy
of Elder Lain= Attorneys; lawyers -Pilot Bar
EXPERIENCE: THE LA WMOFFICES OF HICKEY & HICKEY, P.A., South Miami, Florida
Attorne une 1991 - Present
.,"Maintai�' 'private practice focused in probate, guardianship and real estate matters and civi
litigatio df contested issues which arise from these areas of law.,
` .. r`t .•yam F.L
OFFICI OF CRIMINAL CONaICT AND CIVIL REGIONAL COUNSEL THIRD REGION. -
Lead C u'sel for the Mental.Health Division, Janua,y �. 1, 2008 - .Present
Manage) a orneys in division, coordmate'heartiigs and schedule, litigate all matters.
EDUCATION:
La
s`VE t ' :JUDICIAL CIRCUIT Ob FL'ORID'A`
cJw gistrate; Deceiitbee 1'998`- Present
dire Wdenttary hearings as di "ected'l by 0e"Probate Administrative Judge.
?DAP ,r JOSEPHS, JACK & GAEBE, Coral Gables, Florida
rn pterrflier 1990 ='June 1991
Me ' ell .W' advised'befits in both p1divi yand defense cases.' Presented motions and
line ` t �efore "the court :;'Conduct depdsutons.
)DAB,( JOSEPHS;'JACK &'GAEBE; Coral'Gables, Florida
i Cle 41 October I989 ` `September `1990
Farce and analyzed diverse areas' of civil lair;- including Florida insurance law.
rare i ileeomMendatlbns for application in insurance defense cases. Drafted
rdin 's, ;motions, and memoranda.
. gi •
ISM Wt. CULBERTS(ON, MOELWN, HOBAN & FULLER, Miami, Florida
Law Clerk) June 1988 _ October 1989
Parti'cip' ted in all phases. of insurance defense practice; including research,
prepara iott of memoranda, pleadings, and discovery proceedings., Composed
summar es of advance sheets and session laws. Trained office personnel in computer
function.
S. C. S ANL? ASSOCIATES, Fort Lauderdale, Florida
Insurance Adjuster, July, 1986-September 1987
Investigate)) claims, evaluated losses, prepared reports,., interviewed witnesses,
diagramed accident scenes, settled cases on $100,000 standing authority, negotiated
with couhsel.
UNIVER�l T,Y OF MIAMI SCHOOL OF LAW, Coral Gables, Florida
Juris Dockot May 1990
Activities.-," *ot Court Competitor, Spring 1988, Member of the Banking and
Business . aw Society, Founder and Chairperson of the Committee on Insurance.
FLORIDA ATLANTIC UNIVERSITY, Boca Raton, Florida
Bachelor d, f business Administration, December 1982
Major in Management