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CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
INTER-OFFICE MEMORANDUM
The Honorable Mayor and Members of the City Commission
Steven J. Alexander, City Manager
South Miami
bOd
fiji'.;
2001
Carmen Baker, Chief Coordinating Officer/Code Enforcement Director
May 21,2013 Agenda Item # _____ _
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 001-1640-524-31 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.
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 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.
$2,200 (estimated expense through the end of FY 2013)
Funds are budgeted in account number 001-1640-524-3111 with a balance of
$3,498.50.
Attachments: Resolution
Resume
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RESOLUTION NO. ___ _
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 of2
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PASSED AND ADOPTED this _ day of ____ , 2013.
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM,
LANGUAGE, LEGALITY, AND
EXECUTION THEREOF
CITY ATTORNEY
APPROVED:
MAYOR
COMMISSION VOTE:
Mayor Stoddard:
Vice Mayor Liebman:
Commissioner Newman:
Commissioner Harris:
Commissioner Welsh:
Page 2 of2
5988CONTRACT BETWEEN THE CITY OF SOUTH MIAMI
AND HAROLD V. HICKEY, ESQUIRE
This contract is made and entered into this __ day of ,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
2.1. 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
________ and expires on ,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 paid under
this contract exceed the annual budgeted amount for the Special Master/Magistrate unless approved
by resolution of the commission.
City
Special Master/Magistrate
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.
City
Special Master/Magistrate
Page 2 of5
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 Master/Magistrate 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/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 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.
City
Special Master/Magistrate
Page 3 of5
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, Chapterl19. 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 contradiction of the
City
Page 4 of5
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. 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.
The City of South Miami
By:
Steven Alexander
City Manager
ATTEST:
By:
Maria Menendez
CITY CLERK
Approved as to Form, Language,
Legality and Execution thereof:
By:
City Attorney
Page 5 of5
Special Master/Magistrate
By:
Harold V. Hickey, Esq.
City
Special Master/Magistrate
EXPERIENCE:
EDUCATION:
! !
HAROLD V. HICKEY
8250 S.W.I06th Street
Miami, Florida 33156
(305) 598-8547
Bar ~erJ.zbership -Florida Bar, U.S. District Court, S.D. Florida
IEfder Law and Real Property and Probate Sections ' I
Association~;"t:'ational Aciidemy of Elder Law Attorneys, Florida Academy I
! ! of Elder, Law Attorneys, Lawyers-Pilot Bar ' I
THE LA~IOFFICES OF HICKEY & HICKEY, P.A., So~th Miami, Florida ' I'
,Attorn~j, (~ne 1991 -Present" " ," ',' " '., " ' "Mai'ntai~ '4,priVatepfactice'jo(;used in probate, guardiil'nsliip and real estate matters aiuldv
'" litigatio* 61 cC!,n!e~ted issues which arise from these areas of law. ,
" I': -, ... l .. I l \.
~FFIC~ dF CRlMINAL CONFLICT AND CIVIL REGIONAL CO'(jNSEL THIRD REGION.
Lead, Cgu4~el for ihe Me~tal fI~aJth PivisiolJ, JalJua'l. 1, 2008,. Present .,
~anag~l.~~frn~~ i~1i~f~}o,!,:coO~f!~~te·fze~~i~gf. 9~f~Aedule, liiipate all matters: '
I " •
, E~!JV!Ifrl!'{U~!C)4L '.~!~~'(J{~'OffrLq1!!liA· , ...• '
Spec}at-Y~!Jls~rtite;' Deci1'lhber 1998'-" Present ,kh
COiUlilc~' etid~~t!aly hearingsds directed by the Probate Administrative Judge. .). ,·~<t'~T ' ,', ->: '~~ I~>~\,'L' "'; ~ . .0'
HAD, ,I[)~, "I c'iJ,OS,?,:PH~,:,;,~gK, '&,GAE;B",,'E,,' CO,,,al,Ga, ble, s, Florida , Attorn \~'~ptemJjer 1990.;;/ June'199r'" ...
'[ntervl: eWaiUl #dVis~l1)~tif~ts !n,~oih}ld~n~lff and iejense cases. Presented motions aiUl
argumen,t *ifore the 'coiift;1'ConiJuct depOsltlOns. '.
'. 1 < "!' t,::, ,,~, )1]EI<)1\' ~',:;<» c; : .'\: ~ \ :-" },
" HJ4DDA~,l JOSEPHS; 'lA9K & 'r;~BE~ Coral 'Gables, Florida
Law CMrkl October 1989 0 'Septehlber1990" , . , · '
Resedrch'elland analyt.ed'-aiverse iiretis o!dvillaw;·including·Florida insurance law.
Prepare~ ~econtmendati01isfor application in insurance defense cases. Drafted
pleadings, lmotions, and memoranda.
, " I L ',~
HINS~~ CULBERTSON, MOELMAN; HOBAN & FUlLER, Miami, Florida
Law Clerkl June 1988-October 1989' "
participf:' .t~d in all P, hases' of illsur?nce defens~ pr(lpiice, inclu1ing research, ,
pre para toil of memoranda, pleadmgs, and dlscovery proceedmgs; Composed
summar ,e~o! advance sheets and session laws; Trained office personnel in computer
functiont. i
j ;
S. C.S ANn ASSOCIATES, Fort Lauderdale, Florida
InsuranJe 14djuster, July 1986-September 1987
Investig4tdfl, claims, evaluated losses, prepared reports, interviewed witnesses,
diagramM pccident scenes, settled cases on $100,.000 standing authority, negotiated
with cout,s~l. , , i .
UNIVERSrfr OF MIAMI SCHOOL OF fA W, Coral Gables, Florida
Juris Docrot, May 1990
Activities~ Moot Court Competitor, Spring 1988, Member of the Banking and
Business.taW Society. Founder and Chairperson of the Committee on Insurance.
·1
; ;
FLORIDA ATLANTIC UNIVERSIIT, Boca Raton. Florida
Bachelor <if iJusiness Administration, Deceinber 1982
Major in Nfanagement
I
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