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5THE CITY OF PLEASANT LIVING CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER-OFFICE MEMORANDUM To: From: Date: Subject: Background: Expense: Account: The Honorable Mayor and Members of the City Commission Steven J. Alexander, City Manager February 7, 2017 Agenda Item # _____ _ 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. 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. Harold V. Hickey, Esq. will be appointed to serve for a period of one-year commencing February 7, 2017, and ending February 6, 2018 or until other successor is appointed by the City Commission. The negotiated fee to provide said services is $100.00 per hour. $2,500 (estimated expense) Funds are budgeted in account 'number 001-1640-524-3111 with a balance of $3,600. Attachments: Resolution Contract 1 2 3 4 5 6 RESOLUTION NO. ____ _ 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. 7 WHEREAS, the use of Special Magistrate has proven to be an expeditious, cost effective 8 and fair means of adjudicating issues relating to code violations; and, 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 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 February 7, 2017, and ending February 6, 2018; 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 I. The City Manager is hereby authorized to enter into a contract with Harold V. Hickey, Esq., to serve as Special Master for the City of South Miami pursuant to the City's Code of Ordinances at the rate of $100.00 per hour to be charged to accoun~ No. 001-1640-524-31 I I, Code Enforcement Professional Services Special Magistrate. Section 2. 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 3. This resolution shall become effective immediately upon adoption by vote of the City Commission. PASSED AND ADOPTED this __ day of _____ , 2017. ATTEST: CITY CLERK READ AND APPROVED AS TO FORM, LANGUAGE, LEGALITY AND EXECUTION THEREOF CITY ATTORNEY Page 1 of 1 APPROVED: MAYOR COMMISSION VOTE: Mayor Stoddard: Vice Mayor Welsh: Commissioner Edmond: Commissioner Harris: Commissioner Liebman: CONTRACT BETWEEN CITY OF SOUTH MIAMI AND HAROLD V. HICKEY, ESQUIRE This contract is made and entered into this __ day of __ 2017 between the City of South Miami (City), a Florida municipal corporation, located at 6130 Sunset Drive, South Miami, Florida 33143 Harold V. Hickey, Esq. (Special Master), individually, located at 633 NE 167th St, Miami, FL 33162. WITNESSTH: WHEREAS, the City desires to engage and retain the services of the Special Master to perform Special Master services as described in this contract and the Special Master 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. 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 be as provided within the City's Code of Ordinances, section 2-24 and 2-25 and as set forth in the Special Master's agenda issued by the City. Work shall commence upon the issuance and transmittal of an agenda by the City to the Special Master. 3. COMMENCEMENT DATE AND TERM 3.1. The term shall commence upon date of the execution of this contract, but not earlier than February 7, 2017 and expires on February 6, 2018. 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 and as provided in the agenda issued by the City. 4. PAYMENT 4.1. The City shall pay the Special Master one hundred fifty dollars ($100.00) per hour as provided in 2-24 of 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 of two thousand dollars ($2,500.00) unless approved by resolution of the commission. Page 1 of5 5. TRANSFER AND ASSIGNMENT 5.1. None of the work or services under this contract shall be subcontracted unless the Special Master obtains prior written consent from the City. Approved subcontractors shall be subject to each provision of his contract and the Special Master shall be responsible and indemnify the City for all subcontractors' acts, errors or omissions. 5.2. The Special Master shall not assign, transfer or pledge any interest in this contract, however, claims for money by the Special Master 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 to the City within ten days of the assignment, transfer or pledge .. 6. TERMINATION 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 party is given writt~n 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 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 by giving ten day notice in writing to the Special Master. The Special Master shall complete hearings that have been commenced by the Special Master prior to notice of termination and shall be paid for all satisfactory work completed. The City shall have no 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 for cause, the termination shall be deemed a termination for convenience under this paragraph. Page 2 of5 8. INTEREST PAYMENTS DUE TO LATE PAYMENT 8.1. The City shall make payment to the Special Master 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 Master 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 is prohibited from placing a lien on City's property. 10. INDEPENDENT CONTRACTOR 10.1. The Special Master 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 Master 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 Master shall defend, indemnify and hold the City harmless from any and all claims, liability, losses, expenses, and cause of action arising out any of any act or omission by the Special Master whether negligent or intentional miscoflduct 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. 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, or by electronic mail, to the addresses of the Special Master and to the City at the addresses specified in this contract, unless either party shall provide notice in writing to the other party of a different address for the giving of the notices. Page 3 of5 14.2. For the purposes of this contract, the addresses ofthe parties for all notices are as follows: To the City: To the Special Master: City of South Miami 6130 Sunset Drive South Miami, FL 33143 Attention: City Manager E-mail: salexander@southmiamifl.gov Harold V. Hickey, Esq. 633 NE 167th Street Miami, FL 33162 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'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. The Special Master 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 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 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 Master warrants that neither he, nor any principal, employee, agent, representative or family member of him, promised to pay, and the Special Master has not, and will not, pay a fee that is contingent upon the City awarding this contract to the Special Master. Page 4 of5 18.2. The Special Master 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. 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. City of South Miami By: _____ _ Steven Alexander City Manager ATTEST: By: _____ _ Maria Menendez CITY CLERK Read and Approved as to Form, Language, Legality and Execution Thereof: By: _____ _ City Attorney Page 5 of5 Special Master By: ______ _ Harold V. Hickey, Esq.