241
2
3
4 To:
Honorable Mayor, Vice Mayor
5
and City Commission
6
7 From:
Roger M. Carlton,
8
Acting City Manager
REQUEST
Date: January 14, 2010
Subject: Agenda Item # a4
Appointment of Special Master
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, ATHORIZING THE ACTING
CITY MANAGER TO EXECUTE A CONTRACT, RELATING TO
SPECIAL MASTER SERVICES; APPOINTING BRUCE A. BLITMAN,
ESQUIRE, AS SPECIAL MASTER FOR THE CITY OF SOUTH MIAMI
AT A RATE OF $100 PER HOUR; AUTHORIZING EXPENSES TO BE
CHARGED TO ACCOUNT #001 - 1640 -524 -3111 ENTITLED "CODE
ENFORCEMENT PROFESSIONAL SERVICES SPECIAL MASTERS
ACCOUNT "; AND PROVIDING AN EFFECTIVE DATE.
BACKGROUND AND ANALYSIS
The City Commission adopted Ordinance No. 6 -03 -1790, abolishing the Code
Enforcement Board and establishing a Special Master in an effort to preside over
code enforcement violation hearings. The use of a Special Master is a cost
effective option of adjudicating issues relating to code violations that has proven to
be fair, and expeditious.
Enrique Zamora, Esq. has resigned, leaving a vacancy and the need for prompt
replacement.
Pursuant to the above - referenced ordinance, staff has reviewed the resume of Bruce
A. Blitman, Esq. and recommends his appointment.
Bruce A. Blitman, Esq. will be appointed to serve for a period of one -year
commencing January 15, 2010, and ending January 15, 2011, or until other
successor is appointed by the City Commission. The negotiated fee to provide said
services is $100 per hour.
Attachments: Bruce A. Blitman's resume
Bruce A. Blitman
Law Offices of Bruce A. Blitman
Professional Experience
Sole practitioner with general civil practice concentrating in commercial litigation, probate administration,
and circuit and family mediation. Trial attorney, 1982 -89, representing individual clients in personal injury
litigation (plaintiffs); commercial litigation and domestic relations litigation. Represented labor unions and
members at arbitration hearings and proceedings before the National Labor Relations Board; fringe benefit
funds and Trustees in ERISA litigation; cooperative associations; and institutional creditors in commercial
litigation and collections matters. Florida Mediation Group, Inc., 1989 -98.
Primary Practice Areas
Alternative Dispute Resolution, neutral mediator and arbitrator concentrating primarily on the mediation of
Labor and Employment disputes; commercial and business disputes; family disputes; and complex
personal injury, negligence, and professional malpractice disputes.
Dispute Resolution Experience and Training
Certified by Florida Supreme Court as County, Circuit, and Family Mediator. Mediated almost two
thousand court- appointed and stipulated cases. Regularly attended and lectured at advanced mediation and
arbitration seminars sponsored by Florida's Dispute Resolution Center, Florida Academy of Professional
Mediators, Florida Assn. of Professional Family Mediators, ABA's Section of Dispute Resolution, Society
of Professionals in Dispute Resolution, AAA, Assn. of Broward County Mediators, and Florida Bar's Labor
and Employment Law, Family Law, and Trial Lawyer Sections. Member, AAA's Panel of Arbitrators,
NYSE Panel of Arbitrators, National Futures Assn. Arbitration Panel, NASD Board of Arbitrators, and
National Arbitration Forum's National Panel of Arbitrators and Mediators: Arbitrator, Broward County
Sheriffs Office applicable collective bargaining agreements. Florida Depts. of Insurance and Business
Regulation and Florida's Growth Management Conflict Resolution Consortium. Mediator, U.S. Dept. of
Justice's Key Bridge Foundation project to promote ADA compliance. Mediator for IRS, NASD, EEOC and
LISPS. Arbitrator and mediator /conciliator, Commercial Dispute Resolution Center of the Americas.
Mediator, Franchise Arbitration and Mediation, Inc., Natl.Employment Mediation Services, and Florida
Agricultural Mediation Service, administered by Univ. of Florida's College of Law. Special Master, City of
Miami Beach's Code Violation hearings. Faculty of Nova Southeastern University's Mediation Institute,
frequently lectures about mediation. Primary trainer for circuit civil mediation training programs. Worked
for four years as an approved Primary Trainer for Circuit Court Mediation with the Mediation Institute of
America, Inc. Certified federal mediator, USDC Southern and Middle Districts of Florida.
Selected Honors Awards Publications and /or Professional and Civic Associations
hnmediate Past President, Diplomate member, and recipient of 1997 "President's Award," Fla. Acad. of
Professional Mediators. Former member, Mediation Committee, Broward County Bar Assn. Member,
SPIDR, Academy of Florida Trial Lawyers, Assn. of Broward County Mediators (past member, Board of
Directors), and Acad. of Family Mediators. Former member, Assn. of Trial Lawyers of America, Broward
County Trial Lawyers Assn. and American Assn. of Franchisees and Dealers. Appointed to Mediator
Qualifications Advisory Panel ml 994, served as Vice Chair until 2001. Author, "Mediation In Florida: The
Newly Emerging Case Law," Florida Bar Journal. Selected as a finalist for the Barbara Sanders Memorial
Award for Legal Writing and "Mediator Ethics: Florida's Ethics Advisory Committee Breaks New Ground,"
ABA's Dispute Resolution Magazine. Lectures on Mediation and ADR at Florida Bar's "Practicing With
Professionalism" seminars for Young Lawyers. Has spoken to law and graduate students at the Univ. of
Miami, St. Thomas Univ., Florida Intl. Univ., Florida Atlantic Univ. and Nova Southeastern Univ. Program
mediator, Florida Bar Grievance Mediation Program and member of Florida Bar Speakers' Bureau. Speaker
at numerous advanced mediation training seminars sponsored by Florida's Dispute Resolution Center,
Florida Academy of Professional Mediators, Assn. of Broward County Mediators, SPIDR, and ABA's
Section of Dispute Resolution. Established and chaired Florida Acad. of Professional Mediators' first
"Adopt -A- School" Partnership with Broward County School Board, and has donated many hours to
speaking to parents, teachers, and students in elementary, middle and high schools about the importance of
resolving disputes peacefully. Currently volunteers as facilitator in the "Young Diplomats" Project, a
partnership program between School Board of Broward County and Broward County Bar Assn. Honored
Member of Strathmore's "Who's Who Millennium Edition 2000 - 2001."
Education
B.A., University of Florida, 1978; J.D., University of Miami School of Law, 1981.
Contact Information
Pembroke Pines Professional Building
9050 Pines Boulevard, Suite 450
Pembroke Pines, FL 33024
Phone: 954 - 437 -3446
Fax: 954 -431 -8828
E -Mail: babmediate @aol.com
1 RESOLUTION NO.
2
3 A RESOLUTION OF THE MAYOR AND CITY COMMISSION
4 OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING
5 THE ACTING CITY MANAGER TO EXECUTE A
6 CONTRACT, RELATING TO SPECIAL MASTER SERVICES;
7 APPOINTING BRUCE A. BLITMAN, ESQUIRE, AS SPECIAL
8 MASTER FOR THE CITY OF SOUTH MIAMI AT A RATE OF
9 $100 PER HOUR; AUTHORIZING EXPENSES TO BE
10 CHARGED TO ACCOUNT #001 - 1640 -524 -3111 ENTITLED
11 "CODE ENFORCEMENT FINES REVENUE ACCOUNT'; AND
12 PROVIDING AN EFFECTIVE DATE.
13
14
15 WHEREAS, pursuant to Ordinance No. 6 -03 -1790, adopted by the South Miami
16 City Commission on March 18, 2003 establishing a Special Master; and
17
18 WHEREAS, the use of Special Masters has proven to be an expeditious, cost
19 effective and fair means of adjudicating issues relating to code violations; and
20
21 WHEREAS, Enrique Zamora, Esq. has resigned, thereby leaving a vacancy; and
22
23 WHEREAS, based on his resume, the City Manager recommends Bruce A.
24 Blitman to fill the vacancy for a term of one year to provide the Special Master services
25 to the City of South Miami for a one -year term commencing January 15, 2010, and
26 ending January 15, 2011, or until successors have been contracted; and
27
28 WHEREAS, the Mayor and City Commission have accepted the above
29 recommendation.
30
31 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
32 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, THAT:
33
34 Section 1. That Bruce A. Blitman, Esq., is hereby appointed to serve as Special
35 Master for the City of South Miami at the rate of $100.00 per hour to be charged to
36 account #001 - 1640 - 524 -3111, entitled "Code Enforcement Professional Services Special
37 Masters Account ". The Special Master is authorized to execute the attached contract,
38 which is incorporated by reference into this resolution as exhibit 1.
39
40 Section 2. Said Special Master services shall be for a one -year period
41 commencing upon execution of contract and ending one year after execution date, or until
42 such time as a successor is appointed.
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Section 3. That Bruce A. Blitman, Esq., shall be authorized to conduct hearings
as may be required in accordance with the City's Code of Ordinances and Land
Development Code, the Florida Building Code and the Miami -Dade County Code.
Section 4. This resolution shall take effect upon adoption.
PASSED AND ADOPTED THIS DAY OF , 2010
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
APPROVED:
MAYOR
COMMISSION VOTE:
Mayor Feliu:
Vice Mayor Beasley:
Commissioner Palmer:
Commissioner Newman:
Commissioner Sellars:
CONTRACT BETWEEN CITY OF SOUTH MIAMI
AND BRUCE A. BLITMAN
This contract is made and entered into this 15 day of January 2010 between the City of
South Miami (City), a Florida municipal corporation, located at 6130 Sunset Drive, South
Miami, Florida 33143 and Bruce A. Blitman Esq. individually, located at 9050 Pines
Boulevard, Suite 450 Pembroke Pines, FL 33024(Consultant).
WITNESSTH:
WHEREAS, the City desires to engage and retain the services of the consultant to
perform Special Master services as described in ins contract and the consultant 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. STATEMENT OF WORK
2.1. The statement of work for this project shall be as provided within the
City's Code of Ordinances, section 2 -24 and 2 -25.
3. COMMENCEMENT DATE AND TERM
3.1. The term shall commence upon date of the execution of this contract
and expires in January 15, 2011. Upon the expiration of the term of service, the consultant
may be provided that such reappointment by the City Manager.
3.2. Work shall commence upon the issuance of a written task order
(issuance of agenda) by the City. Work shall proceed in substantial compliance with the
schedule of services contained in the statement of work.
City
Consultant
Page 1 of 6
4. PAYMENT
4.1. The City shall pay the consultant one hundred dollars ($100.00) per
hour as provided in the City's code 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's contract officer specifically
authorizes the extra or additional work, in a written task order before the commencement
of the work. In no event shall the total amount paid under this contract exceed the sum of
three thousand dollars ($3,000).
5. TRANSFER AND ASSIGNMENT
5.1. None of the work or services under this contract shall be subcontracted
unless the consultant obtains prior written consent from the City. Approved subcontractors
shall be subject to each provision of his contract and the consultant shall be responsible
and indemnify the City for all subcontractors' acts, errors or omissions.
5.2. The consultant shall not assign, transfer or pledge any interest in this
contract without prior written consent from the City; provided, however, that claims for
money by the consultant 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 within ten
days by the consultant to the City.
6. TERMINATION FOR DEFAULT
6.1. Either party may terminate this contract prior to the expiration of the
initial term or any subsequent renewal term on account of a material breach of this contract
by the other party, which has not been cured within ten days from the date of receipt of
written notice of breach from the party seeking termination.
6.2. Termination shall be effective as of the end of the notice period in the
case of any uncured material breach.
6.3. The consultant 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 in the event that the consultant is unable to complete the services identified in
Paragraph 2.1 due to causes beyond the consultant's control.
6.4. The City shall have no liability to the consultant for future profits or
losses in the event of termination for default.
City
Consultant
Page 2 of 6
6.5. 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.
6.6. The City shall not be liable for future profits or losses.
7. TERMINATION FOR CONVENIENCE
7.1. The City may terminate this contract for convenience at any time by
giving ten day notice in writing to the consultant. The Consultant will be permitted to
complete on -going investigations 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 default
under Paragraph 7, the termination shall be deemed a termination for convenience under
this paragraph.
8. INTEREST PAYMENTS DUE TO LATE PAYMENT
8.1. The City shall make payment to the consultant within thirty days of
receipt of the original written invoice and sufficient backup documentation and acceptance
of the work by the City. Interest shall accrue on unpaid invoices as provided by Section
218.74, Florida Statutes.
8.2. The consultant shall not be entitled to any carrying charges of finance
fee due to late payment by the City.
9. LIENS
9.1. The consultant, subcontractors, suppliers and laborers are prohibited
from placing a lien on City's property.
10. INDEPENDENT CONTRACTOR
4
10.1. The consultant is furnishing its services as an independent contractor
and nothing in this contract shall be create any association, partnership or joint venture
between parties, or any employer - employee relationships.
10.2. As an Independent contractor consultant agrees and acknowledges that
she is not an employee of the City of South Miami and therefore not entitled to participate
in or directly benefit from City of South Miami Pension Plan.
City
Consultant
Page 3 of 6
11. INDEMNIFICATION
11.1. The consultant 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 consultant of international misconduct or malfeasance.
12. JURISDICTION AND VENUE
12.1. For the purpose of this contract, Florida law shall govern the term of
this contract. Venue shall be in Miami Dade County, Florida.
13. SOVEREIGN IMMUNITY AND ATTORNEY'S FEES
13.1. The City does not waive sovereign immunity for any claim for breach
of contract or for an award of prejudgment interest; provided, however, that in any action
arising out of or enforce this contract, the prevailing party shall be entitle to its reasonable
attorney's fees and costs.
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
consultant 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.
15. CONTRACTING OFFICER REPRESENTATION
15.1. For the purposes of this contract, the contracting officers areas follows:
To the City: City of South Miami
6130 Sunset Drive
South Miami, FL 33143
Attention: City Manager
To the Consultant: Bruce A. Blitman,Esq.
9050 Pines Boulevard, Suite 450
Pembroke Pines, FL 33024
Attn: Bruce A. Blitman Esq.
15.2 The signatories to this contract warrant that they are duly authorized by
action of their respective City Commission, Board of Directors or other
authority to execute this contract and to bind the parties to the promises,
terms, conditions and warranties contained in this contract.
City
Consultant
Page 4 of 6
16. EXAMINATION AND RETENTION OF CONTRACTOR'S RECORD
16.1. The City, or any of their duly authorized representative, shall, until 3
years after final payment under this contract, have access to and the right to examine any
of the consultant's books, ledgers, documents, papers, or other records involving
transactions related to this contract for the purpose of making, examination, excerpts, and
transcriptions.
OWNERSHIP OF DOUMENTS
16.2. All documents, reports, plans, specifications or other records, including
electronic records, resulting from the professional services rendered by the consultant
under this contract shall be deemed the property of the City and the City shall have all
rights incident to this ownership. The consultant acknowledges that all documents prepared
under this contract shall be public records, and shall be subject to public inspection and
copying, as provided by the Florida Statutes Chapter -119. Upon conclusion of this contract
and any extension, all documents shall be delivered by the consultant to the City. The
consultant shall have right to retain copies of the documents at the consultant's expense.
17. SEVERABILITY
17.1. Should any paragraph or any part of any paragraph of this contract be
rendered void, invalid or unenforceable by any court of law, for any reason, the
determination shall not render void, invalid or unenforceable any other section or part of
any section of this contract.
18. ENTIRE CONTRACT
18.1. The contract, when signed by all of the parties, constitutes the full and
complete understanding and contract of all parties and may not be in any manner
interpreted or fulfilled in contradiction of its express terms. This contract and the
incorporated attachments constitute the entire understandings, oral or written between the
parties.
19. CONTINGENCY FEE AND CODE OF ETHICS WARRANTY
19.1. The consultant warrants that neither it, nor any principal, employee,
agent, representative or family member promised to pay, and the consultant has not, and
will not, pay a fee the amount of which is contingent upon the City awarding this contract
to the consultant.
City
Consultant
Page 5 of 6
19.2. The consultant warrants that neither it, nor any principal, employees,
agent, representative or family member has procured, or attempted to procure, this contract
in violation any of the violation of any of the provisions of the Miami -Dade County or the
City of South Miami conflict of interest and code of ethics ordinances.
19.3. A violation of this paragraph will result in the termination of the
contract and forfeiture of funds paid, or to be paid, to the consultant.
20. MISCELLANEOUS
20.1. In the event a court must interpret any word or provision of this
agreement, the word or provision shall not be construed against either party by reason of
drafting or negotiating this agreement.
IN WITNESS WHEREOF, the parties hereto, acting through their duly
authorized officers, have executed this contract as of the date first above written.
The City of South Miami
By: by:
Consultant
Roger M. Carlton Bruce A. Blitman Esq.
Acting City Manager
ATTEST:
CITY CLERK
By:
Maria Menendez
Approved as to form:
go
Laurence Feingold, City Attorney
Page 6 of 6
City
Consultant