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Res. No. 068-08-12665RESOLUTTONNO. 68-08-12665 WHEREAS, since 2003 Special Masters has proven to be an expeditious, cost effective and fair means of adjudicating issues relating to code violations; and WHEREAS, the City Manager has reviewed the resume of Kathryn K. Estevez, Esq.; and WHEREAS, based on her resume, the City Manager has recommended the appointment of Kathryn K. Estevez, Esq. to provide Special Master services to the City of South Miami for a one-year term commencing on May 7, 2008, and ending May 6, 2009, or until such time as a successor is appointed by the City Commission; and WHEREAS, the Mayor and City Commission accept the recommendation of the City Manager. NOW, THEREFORE, ► IT RESOLVEDIORDAINED BY THE MAYOR AND CITJ COMMISSION OF THE CITY OF SOUTH MIAMI, FLORID THAT: Section 1. That Kathryn K. Estevez, Esq., is hereby appointed to serve as Special Master for the City of South Miami at the rate of $100.00 per hour to be charged to account Code Enforcement Professional Services — Special Master Account # 001.1640.524.3111, funded through the Code Enforcement Fines Revenue Account, # 001.0000.341.9040 which has a current balance of $81,750.83. The special master is authorized to execute the attached contract, which contract is incorporated by reference into this resolution as exhibit 1. Section 2. Said Special Master Services shall remain in effect for the one-year period commencing May 7, 2008 and ending May 6, 2009, or until such time as a successor is appointed. Section 3. That Kathryn K. Estevez, 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 72008. t Pg. 2 of Res. No. 68-08-12665 ATTEST: CITY CLERK M CONMSSION VOTE: 5-0 Mayor Feliu: Yea Vice Mayor Beasley: Yea Commissioner Palmer: Yea Commissioner Beckman: Yea Commissioner Wiscombe: Yea KAmy document\SPECIAL MASTERSTSTEVEZWemo-Reno New appointment 08-09 wo ft.doc CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER g INTER-OFFICE MEMORANDUM 2001 Request: That Kathryn K. Estevez, Esq. be appointed to provide Special Master services for one-year commencing on May 7, 2008 and ending May 6, 2009, or until other successor is appointed by the City Commission. Reason/ Need: In 2003 the City established the Special Master hearing process in an effort to preside over code enforcement appeal hearings. The use of a Special Master has been a cost effective option of adjudicating issues relating to code violations that has proven to be fair and expeditious. On Sunday, April 20, 2008, our Human Resources Department advertised an Employment Opportunity for a Special Master on the City's website, Channel 77 and the Miami Herald. Attached is a copy of the newspaper advertisement. Ms. Kathryn K. Estevez, Esq. was selected from the applications submitted. Among several experiences and accomplishments, Ms. Estevez has previous experience as a hearing officer for the Miami-Dade County Value Adjustment Board. Cost: $ 100.00 per hour. Funding Source: Code Enforcement Fines Revenue Account, #001-0000-341-9040 which has a current balance of $81,750.00. is the funding sources for the expense to be charged to account 001.1640.524.3111. Proposed Resolution Newspaper Ad Certified Copy of the Newspaper Ad Copy of Proposed Contract ZAinydocument\Resolutions & Memos\Memo-Reso re- appointment 08-09 Special Master. doc IF HAW 1M'W:7 A o,.r holding � :imposIE iens­ anc j C, d b 16, 9 • mm QWC-7 W A L%Aate' 7trexmsaction§ 'AA. Flarida > :license t"eaV,eat brQ.,ker An'.'" good*' estate:, cense d le, St, fi,46, (5)"Years;... D *L1NE'DATE.,,.-. 04/26/08 AT 4:00; RM 1F YO VARS I NTERESTED. IN APPLYING: FORT THIS_; ,(She� ff C-nofilb Dear CITY OF SOUTH MIAMI: Thank you for placing an ad in the Miami Herald Classifieds! The details of your ad follow: Reference Number: 7884500 Start Date: 04/20/2008 Category: H1013 Price: $1355.38 Days Ordered: 1 Lines: 74 Package: FLXTJPK5 The text of vour ad follows: CITY OF SOUTH MIAMI EMPLOYMENT OPPORTUNITY SPECIAL MASTER (CONTRACTUAL SERVICES) $100.00 per hour The City of South Miami has an opening for a Special Master. They will be responsible for holding hearings, impose, uphold and/or mitigate fines, liens, and other non criminal penalties against violators of City and/or county codes and ordinances. The term will only be for a one (1) year period, Educational Requirements: *Be a retired Florida judge; 'Must be a member in good standing of the Florida Bar with at least ten (10) years experience in zoning, ,and use, code en- forcement, or real as- Late transactions or *A Florida licensed real estate broker in good standing, li- censed for at least five (5) years; DEADLINE DATE: 04/25/08 AT 4:00 PM E/O/E IF YOU ARE INTERESTED IN APPLYING FOR THIS POSITION, PLEASE SUBMIT YOUR RESUME TO:THE CITY OF SOUTH MIAMI 6130 SUNSET DRIVE, SOUTH MIAMI, FLORIDA 33143(305)668-2515 Www.cityofsouth miami.net personnel@c4of southmiami.net Kathryn Knieriern Este'vez, Esq. MialTll, FL 33176 - (305) 342-6993 - (305) 271-1012 alt - kestevez@bellsoutli.tiet Sent via e-mail: Personnel@cit3Tofsoutlimianii.net April 23, 2008 Ms. Jeanette Entizo Human Resources Manager 3 Manager South T\fiarni City Hall, 1 st Floor 6130 Sunset Drive South Miami, DL 33143 t APR 2 4 2008 HIFUMAN F:,c j, i � c Re: Special Master/Code Enforcement Proceedings Resume and Letter of Interest of Kathryn Knieriern Estevez, Esq. Dear Ms. Entizo: It has recently come to my attention that the City of South 1\1iatTA is seeking an experienced professional to serve as a Special Master in Code Enforcement proceedings. Enclosed for your immediate reference is my resume. I currently serve and have served for the past eight years, as a Special Magistrate to the Miami Dade County Value Adjustment Board. In this capacity, I tender decisions on various property tax exemption appeals (Homestead, Disability, Seniors, Charitable, Education, etc) by carefully analyzing the issues, facts and the law. In addition, I represented clients in property tax appeals for several years prior to my appointment to the Value Adjustment Board. Additionally, I have experience as a City of Miami Code Enforcement Special Master, a position I have held intermittently since 2003 wherein I render decisions on city code violations and mitigation issues. These decisions are based on zoning information, the City code, zoning maps and plats, legal opinions, and hearing testimony of the parties related to alleged violations or citations. Prior to this appointment, I represented clients for the past twelve years before the County's Code Enforcement Board ranging in issues from illegal units, work completed Without a permit, unsafe structures, failure to maintain property and other code violations. As my Homeowner Association's pro bono attorney, I have represented the HOA's interests in zoning matters before the Miami Dade County. Board of County Commissioners, Community Council 12, and the appellate courts during a span of fifteen years. This zoning experience coupled with my VAB and City of Miami Code Enforcement Board special magistrate expertise, provides the requisite qualifications the City desires. I am available to provide my professional services to the City of South Miami as a Code Enforcement Special Master. If you have any questions, please do not hesitate to contact 1-ne at or 305/342-6993 or 305/271-101-2. Sincerely, Kathryn F-'nieriem Est6vez, Esq. TZ, 15,,athryn Kniedem Este'vez, Esq. Miami, FL 33176 - (305) 342-6993 day - (305) 271-1012 alt - kestevez@bellsoutl-i.net Executive-Level Management Labor Relations - Human Resources - Administration - Legal Affairs Over 15 years of experience in the public and private sectors, providing executive leadership, legal counsel, and consumer service advocacy. Resourceful and forward-tbinking professional, earns constant recognition for revitalizing underperforming operations and processes. Proven success driving organizations to peak performance. Governmental, Administrative, Labor, and Property Law Budgeting - Grant Writing - Policy & Procedure Development - Labor Relations & Negotiations Contract Administration © Zoning - Community & Governmental Affairs ® Training & Development - Non-Profit Management Select Contrib Leadership/ Strategy as Hired to coordinate major workforce reductions, immediately entering collective bargaining with newly certified union. Demonstrated fairness and reliability, leading to a unanimous vote to decertify the union. * Saved a housing authority $500K in projected compensation and overtime expenses, avoided $500K in government penalties by introducing compliance procedures, and successfully defended EEO charges. * Identified areas of non-compliance within an organization, eliminating HUD probation status and achieving position as a best performer. Worked with executives on procedural changes and wrote salary justification appeals. * Streamlined operations of legal representation, meeting deadlines and reducing outside counsel costs 30%. Legal Counsel * Won/resolved majority of grievance arbitrations, representing hundreds of complainants, and served as chief negotiator for 30+ CBAs through all phases, ® Provided effective representation in arbitrations involving seniority, overtime, promotions, discrimination, and off-duty jobs; mediated several issues to avoid litigation. Successfully defended against EEO complaints. * Obtained grants for a union building retrofit, resolved construction defects/issues to avoid litigation, and overturned a property tax assessment of the building. Professional Kathryn I<aiieriem Est6vez, Esq. Attorney (private practice) 2000-Present Presides as Special Magistrate for the Miami-Dade County Value Adjustment Board in taxpayer property exemption appeals (8 yrs), Special Magistrate for City of Miami Code Enforcement Board (2 yrs), and Hearing Officer in housing appeals (4 yrs). Provides consultation on government issues, zoning, labor law, elder law, debt collection, foreclosures, and business transactions. Mediated a win -win solution between opposing parties, resolving zoning issues avoiding extensive litigation. Established Miami Beach Bar Association North Beach Pro Bono Legal Clinic. Housing Authority of the City of Miami Beach Human Resources Director 2000-2005 Established departmental policies and procedures to facilitate two workforce reductions. Managed recruitment, hiring, training, benefits, employee discipline, EEO issues, risk management, compensation, and compliance. Provided legal counsel to executive staff and dtafted/reviewed RFPs, R-tQs, board resolutions, and disciplinary actions. Risuz-d con finues... V ow 1Z 12"k"C1114 I I"V4ZffXe Z JIM DATA ; -11 4110fty "If This contract is made and entered into this day of 2008 between the City of South Mami (City), a Florida municipal corporation, located at 6130 Sunset Drive, South Miami, Florida 33143 and Kathryn Knieriem. Estevez, individually, located at 122 Minorca Avenue, Coral Gables, Florida 33 134 (consultant). WITNESSETH: 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 of $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. 2.1 The statement of work for this project shall be as provided within the city's code of ordinances, section 2-24 and 2-25. 3.1 The term shall commence upon the date of the execution of this contract and expires in year. Upon the expiration of the term of service, the consultant may be reappointed for two additional one year terms, provided that such reappointment be recommended by the City manager and be approved by a majority vote of the City Commission. city consultant Page 1 of 7 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. 4.1 The City shall pay the consultant $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's contract officer specifically authorizes the extra or additional work, in a written task order before the commencement of the work. 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 this 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 the prior written consent of the City; provided, however, that claims for money by the consultant from the City under this contract may be assigned, transferred or pledged 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 10 days by the consultant to the City. 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 10 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. city consultant Page 2 of 7 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 10 -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. 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. 7.1 The City may terminate this contract for convenience at any time by giving 10 days notice in writing to the consultant. The consultant will be paid for the value of services performed pursuant to the schedule contained in the - statement of work, up to and including the termination date. 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. 8.1 The City shall make payment to the consultant within 30 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 or finance fees due to late payment by the City. city consultant Page 3 of 7 9. LIENS 9.1 The consultant, subcontractors, suppliers and laborers are prohibited from placing a lien on City's property. 10.1 The consultant is furnishing its services as an independent contractor and nothing in this contract shall create any association, partnership or joint venture between the parties, or any employer-employee relationships. 11.1 The consultant shall defend, indemnify and hold the City harmless from any and all claims, liability, losses, expenses and causes of action arising solely out of an act by the consultant of intentional misconduct or malfeasance. 12.1 For the purposes of this contract, Florida law shall govern the terms of this contract. Venue shall be in Miami-Dade County, Florida. 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 to enforce this contract, the prevailing party shall be entitled to its reasonable attorney's fees and costs. 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. city consultant Page 4 of 7 15.1 For the purposes of this contract, the contracting officers are as follows: To the City: City of South Miami 6 130 Sunset Drive South Miami, Florida 33 143 Attention: City Manager To the Consultant: Kathryn Knieriem Estevez 9833 S.W. 92 Avenue Miami, Florida 33176 Attention: Kathryn Knieriem Estevez, 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. 16. EXAMINATION AND RETENTION OF CONTRACTOR'S RECORDS 16.1 The City, or any of their duly authorized representatives, 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 audit, examination, excerpts, and transcriptions. 17.1 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 Florida Statutes chapter 119. Upon conclusion of this contract and any extensions, all documents shall be city consultant Page 5 of 7 delivered by the consultant to the City. The consultant shall have the right to retain copies of the documents at the consultant's expense. 18.1 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. 19.1 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 understanding between the parties and integrates by its terms all previous contracts or understandings, oral or written between the parties. 20.1 The consultant warrants that neither it, nor any principal, employee, agent, representative or family member has 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. 20.2 The consultant warrants that neither it, nor any principal, employee, 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 conflict of interest and code of ethics ordinances. 20.3 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. 21.1 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. city consultant Page 6 of 7 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 Consultant M. By: W. Ajibola Balogun Kathryn Knieriem Estevez City Manager CITY CLERK M. Maria Menendez Approved as to form: LN Eve A. Boutsis, Office of City Attorney, Nagin Gallop-& Figuer-edo, P.A. Page 7 of 7 city consultant