6South Miami
To: The Honorable Mayor and Members of the City Commission
From: Hector Mirabile, Ph.D, City Manager
May 9, 2011 Agenda Item #
Subject: A Resolution of the Mayor and City Commission of the City of South
Miami, Florida, authorizing the City Manager to execute a contract
relating to Special Magistrate services; re- appointing Bruce A. Blitman,
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), providing for an effective date.
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.
Bruce a Blitman, Esq., presided over the code enforcement violation hearings
from February 12, 2010, thru January 15, 2011; this position is now vacant and
in need for prompt replacement.
Pursuant to the above - referenced ordinance, and past performance, staff
recommends the re- appointment of Bruce A. Blitman, Esq.; his resume is
attached.
Bruce A. Blitman, Esq. will be appointed to serve for a period of one -year
commencing May 19, 2011, and ending May 19, 2012, or until other successor
is appointed by the City Commission. The negotiated fee to provide said
services is $100.00 per hour.
Cost: $2,200.00 (estimated expense thru the end of FY 201 1)
Funding Source: Funds are budgeted in account number 001 -1640- 524 -31 1 1 with a balance of
$2,200.00.
Backup Documentation: Bruce A. Blitman's Resume
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RESOLUTION NO.
A Resolution of the City of South Miami, Florida, appointing Bruce A. Blitman, Esquire,
as Special Magistrate for the City of South Miami to be paid from account No. 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 $2,200.00.
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 resume, the City Manager recommends Bruce A. Blitman, Esq., to fill
the vacancy for a term of one year to provide the Special Magistrate services to the City of South Miami
commencing May 19, 2011, and ending May 19, 2012; 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. That Bruce A. Blitman, 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. Said Special Magistrate services shall remain in effect for a period of one -year
commencing May 19, 2011, and ending May 19, 2012.
Section 3. That Bruce A. Blitman, 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 Building
Code.
Section 4. This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this _ day of 12011.
ATTEST: APPROVED:
CITY CLERK
READ AND APPROVED AS TO FORM
AND SUFFICIENCY:
CITY ATTORNEY
Page 1 of 1
MAYOR
COMMISSION VOTE:
Mayor Stoddard:
Vice Mayor Newman:
Commissioner Palmer:
Commissioner Beasley:
Commissioner Harris:
575 Lexington Avenue rd +1.212,949,6490
%,CPR 21st Ploor fax +1.212.949.8H9
1,4m York, NY 10022 % w Y.cpcadr.org
International Institute for
Conflict Prevention &RCSOiudOn
Bruce A. Blitman
Law Offices of Bruce A. Blitman
Professional Experience
Sole practitioner with general civil practice concentrating in commercial litigation, probate adrilinistration,
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
USPS. 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.
15CPR 575 S- cxingtoji Avenue tel +1.212.949.6490
21st Floor fax +1,212349.8859
New York, NY 10022 w Vxpradnorg
lnterna$oml Institate Poc
Conflict Prevention &Resolution
Selected I3onors Awards Puizlicationss and /or Professional and Civic Associations
la. Aced. of
Immediate Past President, Diplomate member, and recipient o£ 1997 "President's Award," F
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 in1994, served as price 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."
Educatioax
B.A., University of Florida, 1978; 7.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
CONTRACT BETWEEN CITY OF SOUTH MIAMI
AND BRUCE A. BLITMAN, ESQUIRE
This contract is made and entered into this 19 day of May 2011 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. (Special Magistrate), individually, located at 9050
Pines Boulevard, Suite 450 Pembroke Pines, FL 33024.
WITNESSTH:
WHEREAS, the City desires to engage and retain the services of the Special Magistrate to
perform Special Magistrate services as described in this contract and the Special 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
2.1. The scope 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, but not earlier than
May 19, 2011 and expires in May 19, 2012.
3.2. Work shall commence upon the issuance of an agenda by the City. Work shall proceed in
substantial compliance with the City's Code of Ordinances, section 2 -24 and 2 -25.
4. PAYMENT
4.1. The City shall pay the Special Magistrate one hundred dollars ($100.00) per hour as
provided in 2 -24(h) of the City's code of ordinances.
City
Consultant
Page 1 of 6
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 of two thousand
seven hundred dollars ($2,700.00) unless approved by resolution of the commission.
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 Special Magistrate shall not assign, transfer or pledge any interest in this contract,
however, claims for money by the Special 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 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 the initial 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 parry is given written notice of the
breach and ten (10) days to cure the default. If the default is cure within ten (10) days of the
notice, then the contract may not be terminated..
6.2. If the default is not cured within the ten (10) days cure period, then the contract shall
automatically terminate upon the expiration of ten (10) days following the receipt of the
notice of breach.
6.3. In the event that the Special Magistrate is unable to complete the services identified in
Paragraph 2.1 due to causes beyond the Special Magistrate's control, the Special 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.
6.4. The City shall have no liability to the Special Magistrate for future profits or losses in the
event of termination or otherwise.
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.
tarty
Consultant
Page 2 of 6
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 Special Magistrate. The Special 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.
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.
8. INTEREST PAYMENTS DUE TO LATE PAYMENT
8.1. The City shall make payment to the Special Magistrate within thirty (30) days of receipt
of the original written invoice. Interest shall accrue on unpaid invoices as provided by Florida
Statute.
8.2, The Special Magistrate shall not be entitled to any carrying charges or finance fee due to
late payment by the City.
9. LIENS
9.1. The Special Magistrate is prohibited from placing a lien on City's property.
10. INDEPENDENT CONTRACTOR
10.1. The Special 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 Special Magistrate agrees and acknowledges that he is
not an employee of the City of South Miami and therefore not entitled to participate in or
benefit from City of South Miami Pension Plan or insurance plan.
11. INDEMNIFICATION
11.1. The Special 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 Magistrate of international misconduct or malfeasance.
12. JURISDICTION AND VENUE
12.1. For the purpose of this contract, Florida law shall govern the terms of this contract.
Venue shall be in Miami Dade County, Florida.
City
Consultant
Page 3 of 6
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.
1.3.2. 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 Magistrate and to the
City specified in this contract, unless either party shall specify to the other parry 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 Magistrate: Bruce A. Blitman, Esq.
9050 Pines Boulevard, Suite 450 Pembroke Pines, FL 33024
Attn: Bruce A. Blitman 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
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 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
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 the Florida
Statutes Chapter -119. Upon conclusion of this contract, all documents shall be delivered by
the Special Magistrate to the City. The Special Magistrate shall have the right to retain
copies of the documents at the Special Magistrate's expense.
City
Consultant
Page 4 of 6
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.
18. CONTINGENCY FEE AND CODE OF ETHICS WARRANTY
18.1. The Special Magistrate warrants that neither, he, nor any principal, employee, agent,
representative or family member of him, promised to pay, and the Special Magistrate has not,
and will not, pay a fee that is contingent upon the City awarding this contract to the Special
Magistrate.
18.2. The Special 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 Magistrate.
19. MISCELLANEOUS
Page 5 of 6
City
Consultant
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.
The City of South Miami
IN
Dr. Hector Mirabile
City Manager
ATTEST:
CITY CLERK
:
Maria Menendez
Approved as to form:
By:
Page 6 of 6
Special Magistrate
In
Bruce A. Blitman, Esq.
City
Consultant