05-06-08 Item 16South Miami
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CITY OF SOUTH MIAMI t I ®r
OFFICE OF THE CITY MANAGER
INTER - OFFICE MEMORANDUM 2001
To: The Honorable Mayor Feliu and Members of the City Commission
Via: W. Ajibola Balogun, City Managel
From: Eva Rosa, Code Enforcement Manager
Date: April 22, 2008
Subject: Resolution appointing 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.
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.
Backup Documentation:
• Proposed Resolution
• Newspaper Ad
• Certified Copy of the Newspaper Ad
• Copy of Proposed Contract
ZAmydocument\Resolutions & MemOs\Mem0 -Reso re- appointment 08 -09 Special Master.doc
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RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO
EXECUTE A CONTRACT, RELATING TO SPECIAL MASTER SERVICES;
APPOINTING KATHRYN K. ESTEVEZ, ESQ. AS SPECIAL MASTER FOR
THE CITY OF SOUTH MIAMI AT A RATE OF $100 PER HOUR;
AUTHORIZING EXPENSES TO BE CHARGED TO EXPENSE ACCOUNT
#001.1640.524.3111 ENTITLED "CODE ENFORCEMENT PROFESSIONAL
SERVICES — SPECIAL MASTERS" TO BE FUNDED THROUGH THE
REVENUE COLLECTION ACCOUNT TITLED "CODE ENFORCEMENT
FINES REVENUE ACCOUNT" — 001.0000.341.9040; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, pursuant to Ordinance no. 6 -03 -1790, adopted by the South Miami City Commission
on March 18, 2003 establishing a Special Master; and
WHEREAS, the use of 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 the Special Master services to the City of South Miami for a one -year
term comm. commencing on May 7, 2008, and ending May 6, 2009, or until successor have been
contracted; and
WHEREAS, the Mayor and City Commission have accepted this recommendation.
NOW, THEREFORE, BE IT RESOLVED /ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA 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 a period of one -year
commencing May 7, 2008 and ending May 6, 2009, or until 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 Building Code.
Section 4. This resolution shall take effect upon adoption.
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ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
APPROVED:
MAYOR
1St Reading — (for ordinances only)
2nd Reading — (for ordinances only)
COMMISSION VOTE:
Mayor Feliu:
Vice Mayor Beasley:
Commissioner Palmer:
Commissioner Beckman:
Commissioner Wiscombe:
Z:Unydocument\Resolutions & MemosNemo -Reso re- appointment 08 -09 Special Master.doc
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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 your 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
*Must be a member
in good standing of
the Florida Bar with
at least ten (10) year's
experience in zoning,
land use, code en-
forcement, or real es-
tate transactions or
*A Florida licensed
real estate broker in
good standing, li-
censed for at least
five (5) years;
DEADLINE DATE:
04/25108 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 @cityof
southmiami.net
Kathryn Knieriem Estevez, Esq.
Miami, FL 33176 • (305) 342 -6993 • (305) 271 -1012 alt • kestevez @bellsouth.net
Sent via e -mail: Personnel @cityofsoutlimiami.net
April 23, 2008
Ms. Jeanette Enrizo, Human Resources Manager
South Miami City Hall, 1 st Floor
6130 Sunset Drive
South Miami, DL 33143
APR 2 4 2000
HUMAN, R S()URLsE,`,,-
Re: Special Master /Code Enforcement Proceedings
Resume and Letter of Interest of Kathryn Knieriem Estevez, Esq.
Dear Ms. Enrizo:
It has recently come to my attention that the City of South Miami 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 render 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 ire at or
305/342 -6993 or 305/271- 101.2.
Sincerely,
Katluyn Knieriem Estevez, Esq.
Kathryn Knieriem Estevez, Esq.
Miami, FL 33176 • (305) 342 -6993 day • (305) 271 -1012 alt • kestevez @bellsouth.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 - thinking 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 Contributions
Leadership/ Strategy
• 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 Knieriem Estevez, 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 Miarni 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,
luring, training, benefits, employee discipline, EEO issues, risk management, compensation, and compliance. Provided
legal counsel to executive staff and drafted /reviewed RFPs, RFQs, board resolutions, and disciplinary actions.
Resume continues...
CONTRACT BETWEEN CITY OF SOUTH MIAMI
AND KATHRYN KNIERIEM ESTEVEZ
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. STATEMENT OF WORK
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. COMMENCEMENT DATE AND TERM
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. PAYMENT
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. 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 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. 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 parry, 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. TERMINATION FOR CONVENIENCE
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. INTEREST PAYMENTS DUE TO LATE PAYMENT
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. INDEPENDENT CONTRACTOR
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. INDEMNIFICATION
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. JURISDICTION AND VENUE
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. SOVEREIGN IMMUNITY AND ATTORNEY'S FEES
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 parry
shall be entitled to its reasonable attorney's fees and costs.
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 consultant and to the City specified in this contract, unless either
party shall specify to the other parry a different address for the giving of the
notices.
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consultant
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15. CONTRACTING OFFICER REPRESENTATION
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. OWNERSHIP OF DOCUMENTS
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
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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. SEVERABILITY
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. ENTIRE 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. CONTINGENCY FEE AND CODE OF ETHICS WARRANTY
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. MISCELLANEOUS
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.
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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
LN
al
W. Ajibola Balogun Kathryn Knieriem Estevez
City Manager
ATTEST:
CITY CLERK
0
Maria Menendez
Approved as to form:
Eve A. Boutsis, Office of City Attorney,
Nagin Gallop & Figueredo, P.A.
Page 7 of 7
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