Res No 164-15-14503RESOLUTION NO.164-15-14503
A Resolution authorizing the City Manager to execute a contract relating
appointing Harold V.Hickey,Esquire,as Special Master for the City of
South Miami.
WHEREAS,the useofSpecialMagistratehasproven to bean expeditious,cost effective
andfairmeansofadjudicatingissuesrelating to code violations;and,
WHEREAS,based onhis background,experience,and past performance the City Manager
recommends Harold V.Hickey,Esq.,to fill a term of one year to provide the SpecialMagistrate
services to the Cityof South Miami commencing October 6,2015,andending October 5,2016;
and,
WHEREAS,the MayorandCityCommission accept the above recommendation.
NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI,FLORIDA;
Section I.The CityManagerishereby authorized to enter intoa contract withHarold
V.Hickey,Esq.,to serveas Special MasterfortheCityofSouth Miami pursuant totheCity'sCode
ofOrdinancesatthe rate of $100.00 perhourtobechargedto account No.001-1640-524-3111,
Code EnforcementProfessionalServices Special Magistrate.
Section 2.Ifanysection clause,sentence,or phraseofthisresolutionisforanyreason
held invalid or unconstitutionalbya court of competent jurisdiction,the holding shall notaffectthe
validityof the remaining portions ofthis resolution.
Section 3.Thisresolution shall become effective immediately uponadoptionbyvote
of the City Commission.
PASSED AND ADOPTED this6th day of October 2015.
5T:APPROVED:
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COMMISSION VOTE:4-0
Mayor Stoddard:Yea
Vice Mayor Harris:Absent
Commissioner Edmond:Yea
Commissioner Liebman:Yea
Commissioner Welsh:Yea
'€;Soutff Miami
THE CITY OF PLEASANT LIVING
CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
INTER-OFFICE MEMORANDUM
To:The Honorable MayorandMembersoftheCityCommission
From:StevenJ,Alexander,CityManager
Date:October 6,2015 Agenda Item #.
Subject:
Background:
Expense:
Account:
Attachments:
A Resolution authorizing the City Manager to execute a contract
relating appointing Harold V.Hickey,Esquire,as Special Master for
the City of South Miami.
TheCityCommission adopted Ordinance No.6-03-1790,establishinga
Special Magistrateinaneffortto preside over code enforcement violation
hearings.Theuseofa Special Magistrateisa cost effective option of
adjudicatingissuesrelating to code violations that has proven to befairand
expeditious.
Harold V,Hickey,Esq.,maintains aprivatepracticefocusedinprobate,
guardianshipandreal estate matters and civil litigation.Healso presides over
theOfficeof Criminal Conflictand Civil Regional CounselThird Region,and
isthe Special Magistrate ofthe Eleventh Judicial Circuitof Florida (December
1998-Present).Pursuant to the above-referenced ordinance,staff
recommendsthere-appointmentofHaroldV Hickey,Esq.
Harold V.Hickey,Esq.will be appointed toservefora period of one-year
commencing October 6,2015,andending October 5,2016,or until other
successor isappointedbytheCityCommission.Thenegotiatedfeeto
providesaidservicesis$100.00 perhour.
$2,500(estimatedexpense)
Funds are budgetedin account number 001-1640-524-3111 withabalanceof
$4,800.
Resolution
Contract
CONTRACT BETWEEN CITY OF SOUTH MIAMI
AND HAROLD V.HICKEY,ESQUIRE
This contract is made and entered into this (n day ofCbf.2015 between the City
ofSouth Miami (City),aFloridamunicipalcorporation,locatedat6130SunsetDrive,South
Miami,Florida 33143 Harold V.Hickey,Esq.(SpecialMaster),individually,located at 7800
Red Road,Suite 305,South Miami,FL 33043.
WITNESSTH:
WHEREAS,the City desires toengageand retain the services oftheSpecial Master
to perform SpecialMasterservicesasdescribedinthis contract andtheSpecialMaster
desires to accept the engagement;and,
NOWTHEREFORE,in consideration of the sum Ten dollars ($10.00),the mutual
promises and covenants contained inthis contract,andfor other good and valuable
consideration,the receipt andlegalsufficiencyofwhichis acknowledged by both parties,
the parties agree as follows,
1.RECITALS
1.1.The above recitals are incorporated herein and made a part of this contract by
reference.
2.SCOPE OF WORK
2.1.The scope of work for this project shall beas provided within the City's Codeof
Ordinances,section 2-24and2-25andassetforthintheSpecial Master's agendaissuedby
theCity.Workshallcommenceupontheissuanceandtransmittal of anagendabytheCity
totheSpecial Master.
3.COMMENCEMENT DATE AND TERM
3.1.The term shall commence upon date of the execution of this contract,but not
earlier than Ocl.(^DOiSand expires onOc^r,<pNL
3.2.Work shall commence upon the issuance ofan agenda by the City.Workshall
proceed in substantial compliancewiththescheduleof services contained inthescopeof
work andasprovidedintheagendaissuedbytheCity.
4.PAYMENT
4.1.TheCityshallpaythe Special Masteronehundredfiftydollars ($100.00)per
houras provided in2-24 of theCity'scode of ordinances.
4.2.TheCityshallnotbeliabletopay,andshallnotpay,chargesforextrawork,
delaycharges,oradditionalwork,unlessthe City Managerspecificallyauthorizestheextra
or additional work,in a written order before the commencement of the work.In no event
shallthe total amount paid under this contract exceedthe annual budgeted amount oftwo
thousand dollarsandfive hundred ($2,500.00)unless approved by resolution ofthe
commission.
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5.TRANSFER AND ASSIGNMENT
5.1.None of the work or services under this contract shall be subcontracted unless
the Special Masterobtains prior writtenconsentfromthe City.Approved subcontractors
shallbesubjecttoeachprovisionofhiscontractandthe Special Mastershallberesponsible
and indemnify the Cityforall subcontractors'acts,errors or omissions.
5.2.The Special Mastershallnot assign,transferorpledgeany interest inthis
contract,however,claimsformoneybytheSpecialMasterfromtheCityunder this contract
maybeassigned,transferred orpledgetoabank,trust company,or other financial
institution without theCity'sapproval.Writtennoticeofanyassignment,transfer orpledge
offundsshallbefurnishedbythe Special MastertotheCitywithintendaysofthe
assignment,transfer or pledge.
6,TERMINATION
6.1.Either party may terminate this contract prior to the expiration ofthe initial
term orany subsequent renewal term on account ofa material breach ofthis contract by the
other party.The contract shall notbe terminated until the breaching party isgiven written
notice of the breach and ten (10)days to cure the default.If the default is cure within ten
(10)daysof 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 often (10)daysfollowing the receipt of
the notice of breach.
6.3.In the event that the Special Master is unable to complete the services identified
in Paragraph 2.1 due to causes beyond the Special Master's control,the Special Master 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 Master for consequential damages,
including lost profits 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.
7.TERMINATION FOR CONVENIENCE
7.1.The City may terminate this contract for convenience at any time bygiving ten
day notice in writing to the SpecialMaster.TheSpecial Master shall complete hearings that
have been commenced by the SpecialMaster prior to notice of termination and shallbe paid
forall satisfactory work completed.TheCity shall haveno liability to the Special Master for
consequential damages,including lost profits in the event of termination or otherwise.
7.2.In the event that the City improperly terminates the contract forcause,the
termination shall be deemed a termination for convenience under this paragraph.
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8.INTEREST PAYMENTS DUE TO LATE PAYMENT
8.1.The City shallmakepaymenttothe Special Master withinthirty [30)daysof
receiptofthe original written invoice.Interest shall accrue on unpaid invoices as provided
by Florida Statute.
8.2.The Special Mastershallnotbeentitledtoanycarryingchargesorfinancefee
due to late payment by the City.
9.LIENS
9.1.TheSpecialMasteris prohibited fromplacingalienonCity's property.
10.INDEPENDENT CONTRACTOR
10.1.TheSpecialMasterisfurnishinghisservicesasan independent contractor and
nothing in this contract shall create any employer-employee relationships,association,
partnership or joint venture between parties.
10.2.Asan Independent contractor SpecialMaster agrees and acknowledges that he
is not an employee of the CityofSouthMiamiand therefore not entitled to participate inor
benefit from Cityof South Miami Pension Planor insurance plan.
11.INDEMNIFICATION
11.1.The Special Master shall defend,indemnify and hold the City harmless from
any and allclaims,liability,losses,expenses,andcauseofactionarisingoutany of anyactor
omission bytheSpecial Master whether negligent or 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.Venue shall beinMiamiDadeCounty,Florida.
13.SOVEREIGN IMMUNITY AND NON-JURY TRIAL
13.1.TheCity does not waive sovereign immunity forany claim orforan award of
prejudgment interest.
13.2.TrialbyJury.The parties waive their right toa jury trial astoany matters that
arise out of this agreement
14.NOTICES
14.1.All noticesgivenorrequiredunderthiscontractshallbedeemed sufficient if
sentby certified mail,returnreceiptrequested,orbyelectronicmail,totheaddressesofthe
SpecialMasterandtotheCityatthe addresses specified inthis contract,unlesseitherparty
shallprovidenoticeinwritingtotheotherpartyofadifferentaddressforthegivingofthe
notices.
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14.2.For the purposes of this contract,the addresses of the parties for all notices
are as follows:
To the City:CityofSouthMiami
6130 Sunset Drive
South Miami,FL 33143
Attention:City Manager
E-mail:salexander@southmiamifl.gov
TotheSpecialMaster:Harold V.Hickey,Esq.
7800 Red Road,Suite 305
South Miami,Florida 33143
Attn:Harold V.Hickey,Esq
E-mail:
15.EXAMINATION AND RETENTION OF CONTRACTOR'S RECORD
15.1.TheCity,or any ofitsduly 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's books,ledgers,documents,papers,or other records involving transactions related
to this contract for the purpose of making,examination,excerpts,and copies.All documents,
reports,or other records,including electronic records,resulting from the services rendered
by the Special Master under this contract shall be deemed the property of the City and the
City shall have all rights incident to this ownership.TheSpecial Master acknowledges that
all documents prepared under this contract shallbe 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 Master to the
City.The Special Master shall have the right to retain copies of the documents at the Special
Master's expense.
16.SEVERABILITY
16.1.Should any paragraph or any part ofany paragraph of this contract be
determined tobevoid,invalid or unenforceable by any court of competent jurisdiction,for
any reason,that determination shallnot render void,invalidor unenforceable any other
section or part of any section of this contract.
17.ENTIRE CONTRACT
17.1.The contract,whensignedbyalloftheparties,constitutes the fulland
complete understanding ofall parties andshallnotbeinany manner interpreted in
contradiction ofthe express terms ofthecontract.This contract andthe incorporated
attachments,ifany,constitute the entire understandings,oralor written,between the
parties.
18.CONTINGENCY FEE AND CODE OF ETHICS WARRANTY
18.1.TheSpecialMaster warrants that neither he,noranyprincipal,employee,
agent,representative or family member ofhim,promised topay,and the Special Master has
not,andwillnot,payafee that is contingent upontheCity awarding this contract tothe
Special Master.
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18.2.The Special Master warrants thatneitherhenoranyofhisprincipals,
employees,agents,representativesor family memberhasprocured,orattemptedto
procure,thiscontractin violation ofanyofthe provisions ofthe Miami-Dade County orthe
CityofSouthMiamiconflictof interest codeor ethics ordinances.
18.3.A violation of this section shall result in the termination of the contract for
cause and forfeiture offundspaid,ortobepaid,to the Special Master.
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 on or before the date first above
written.
'Steven Alexander
City Manager
lana Menenclez
CITY CLERK
\
Read artd^provecras toFc
iecution The
Harold V.Hickey,Esq,
age,
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