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10To: Via: From: Date: Subject: Background: Expense: Account: CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER-OFFICE MEMORANDUM South Miami bOx" iliiP 2001 The Honorable Mayor and Members of t.~1ity Commission He~tor ~irabile, Ph.D, City Manager 11 ~k~hief Coordinating Officer/Code Enforcement Manager May I, 2012 Agenda Item # If) 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 001-1640-524-3 I I I (Code Enforcement Professional Services Special Magistrate). 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 I 998-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. $2,200 (estimated expense through the end of FY 2012) Funds are budgeted in account number 001-1640-524-31 I I with a balance of $1,100.00. Attachments: Resolution Resume 1 RESOLUTION NO. _____ _ 2 3 A Resolution authorizing the City Manager to execute a contract relating to Special 4 Magistrate services; appointing Harold V. Hickey, Esquire, as an additional Special 5 Magistrate for the City of South Miami at a rate of $100.00 per hour; authorizing 6 expenses to be charged to account number 001-1640-524-3111 (Code Enforcement 7 Professional Services Special Magistrate). 8 9 WHEREAS, pursuant to Ordinance No. 6-03-1790, adopted by the South Miami 10 City Commission on March 18,2003 establishing a Special Magistrate at a rate of$100 11 per hour; and payment to be made from account No. 001-1640-524-3111 Code 12 Enforcement Professional Services Special Magistrate, with a current balance of 13 $1,100.00; and, 14 15 WHEREAS, the use of Special Magistrate has proven to be an expeditious, cost 16 effective and fair means of adjudicating issues relating to code violations; and, 17 18 WHEREAS, based on his background, experience, and interview, the City 19 Manager recommends Harold V. Hickey, Esq., to fill a term of one year to provide the 20 Special Magistrate services to the City of South Miami commencing May 7, 2012, and 21 ending May 7, 2013; and, 22 23 WHEREAS, the Mayor and City Commission have accepted the above 24 recommendation. 25 26 NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY 27 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA; 28 29 Section 1. Harold V. Hickey, Esq., is hereby appointed to serve as Special 30 Magistrate for the City of South Miami at the rate of $100.00 per hour to be charged to 31 account No. 001-1640-524-3111, Code Enforcement Professional Services Special 32 Magistrate. 33 34 Section 2. Special Magistrate services of Harold V. Hickey, Esq., shall remain 35 in effect for a period of one-year commencing May 7, 2012, and ending May 7, 2013. 36 37 Section 3. Harold V. Hickey, Esq., shall be authorized to conduct hearings as 38 may be required in accordance Ordinance No. 6-03-1790 and concerning issues that arise 39 under the City's Code of Ordinances, Land Development Code, the Florida Building Code 40 and the Miami-Dade County Code. 41 42 Section 4. If any section clause, sentence, or phrase of this resolution is for 43 any reason held invalid or unconstitutional by a court of competent jurisdiction, the 44 holding shall not affect the validity of the remaining portions of this resolution. 45 46 Section 5. This resolution shall become effective immediately upon adoption 47 by vote of the City Commission. 48 Page 1 of2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 PASSED'AND ADOPTED this _ day of ____ , 2012. ATTEST: CITY CLERK READ AND APPROVED AS TO FORM, LANGUAGE, LEGALITY, AND EXECUTION THEREOF CITY ATTORNEY Page 2 of2 APPROVED: MAYOR COMMISSION VOTE: Mayor Stoddard: Vice Mayor Liebman: Commissioner Newman: Commissioner Harris: Commissioner Welsh: EXPERIENCE: EDUCATION: HAROLD V. HICKEY 8250 S.W.I06th Street Miami, Florida 33156 (305) 598-8547 Bar Me~bership -Florida Bar, U.S. District Court, S.D. Florida . Elder Law and Real Property and Probate Sections Association~-National Academy of Elder Law Attorneys, Florida Academy of Elder Law Attorneys, Lawyers-Pilot Bar THE LAW:OFF1CES OF HICKEY & HICKEY, P.A., South Miami, Florida Attorney, June 1991 -Present Maintaih q private practice focused in probate, guardianship and real estate matters and litigatiol!-0/ contested issues which arise from these areas of law. OFFICE; OF CRIMINAL CONFLICT AND CIVIL REGIONAL COUNSEL THIRD REGION. Lead Cqunsel for the Mental Health Division, January I, 2008 -Present Manageiattorneys in division, coordinate hearings and schedule, litigate all matters. ELEVENTH JUDICIAL CIRCUIT OF FLORIDA Special M(lgistrate, December 1998 -Present CondUCT evidentiary hearings as directed by the Probate Administrative Judge. HADDAJ), JOSEPHS, JACK & GAEBE, Coral Gables, Florida Attorney" September 1990 -June 1991 Interviewed and advised clients in both plaintiff and defense cases. Presented motions and argument before the court. Conduct depositions. HADDAP, JOSEPHS, JACK & GAEBE, Coral Gables, Florida Law Clerk, October 1989 -September 1990 Researched and analyzed diverse areas of civil law, including Florida insurance law. Prepare(j, recommendations for application in insurance defense cases. Drafted pleadings, motions, and memoranda. HINSHAW, CULBERTSON, MOELMAN, HOBAN & FUllER, Miami, Florida Law Clerk! June 1988 -October 1989 Particip~ted in all phases of insurance defense practice, including research, prepara(ion of memoranda, pleadings, and discovery proceedings. Composed summaries of advance sheets and session laws. Trained office personnel in computer junctionf· S.C.S AND ASSOCIATES, Fort Lauderdale, Florida Insuran¢e Adjuster, July 1986-September J 987 Investigated claims, evaluated losses, prepared reports, interviewed witnesses, diagramed accident scenes, settled cases on $100,000 standing authority, negotiated with counsel. UNlVE'RS1TY OF MIAMI SCHOOL OF LAW, Coral Gables, Florida Juris Doctor, May 1990 Activities ... Moot Court Competitor, Spring 1988, Member of the Banking and Business Law Society, Founder and Chairperson of the Committee on Insurance. FLORIDA ATLANTIC UNIVERSITY, Boca Raton, Florida Bachelor of Business Administration, December 1982 Major in Management CONTRACT BETWEEN CITY OF SOUTH MIAMI AND BRUCE A. BUTMAN This contract is made and entered into this 7th day of May 2012 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. individually, located at 8250 SW I06th Street, Miami, Florida, 33156, 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 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 schedule of services contained in the scope of work. 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 of6 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, that 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 within ten days by the Special Magistrate 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 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 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. 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. City Consultant Page 2 of6 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 default, 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 Section 218.74, Florida Statutes. 8.2. The Special Magistrate shall not be entitled to any carrying charges of 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 association, partnership or joint venture between parties, or any employer-employee relationships. 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 directly 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 term of this contract. Venue shall be in Miami Dade County, Florida. City Consultant Page 3 of6 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 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: To the Special Magistrate: City of South Miami 6130 Sunset Drive South Miami, FL 33143 Attention: City Manager Harold V. Hickey, Esq. 8250 SW 106TH Street, Miami, FL 33156 Attn: Harold V. Hickey, Esq. 15. EXAMINATION AND RETENTION OF CONTRACTOR'S RECORD 15.1. 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 Special Magistrate'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 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 consultant to the City. The Special Magistrate shall have right to retain copies of the documents at the Special Magistrate's expense. City Consultant Page 4 of6 16. SEVERABILITY 16.1. 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. 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 or fulfilled in contradiction of its express terms. 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 it, nor any principal, employee, agent, representative or family member promised to pay, and the Special Magistrate has not, and will not; pay a fee the amount of which is contingent upon the City awarding this contract to the Special Magistrate. 18.2. The Special Magistrate warrants that neither he, nor any principal, employees, agent, representative 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 contlict of interest code of ethics ordinances. 18.3. A violation of this section shall result in the termination of the contract and forfeiture of funds paid, or to be paid, to the Special Magistrate. City Consultant Page 5 of6 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 through their duly authorized officers, have executed this contract as of the date first above written. The City of South Miami By: __________________ _ Dr. Hector Mirabile City Manager ATTEST: CITY CLERK By: Maria Menendez Approved as to form: By: Special Magistrate By: -------------------- Harold V. Hickey, Esq. City Consultant Page 6 of6 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: Address: Phone: Fax: E-Mail: vCard: County: Circuit: Admitted: Sections: 10-Year Discipline History -869260 7800 Red Rd Ste 305 South Miami, Florida 331435544 United States 305.6618000 305.6618981 HAROLDVHICKEY@BELLSOUTH.NET '? 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