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HomeMy WebLinkAboutR-2025-062 Retroactive First Renewals of Special Magistrate Services AgreementsRESOLUTION NO. 2025-062 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, RETROACTIVELY EXTENDING THE EXISTING CONTRACT WITH HARRY M. HIPLER, AND THE FIRM OF NASON, YEAGER, GERSON, HARRIS & FUMERO, P.A., TO ACT AS CODE COMPLIANCE SPECIAL MAGISTRATES FOR MUNICIPAL CODE COMPLIANCE PROCEEDINGS ; PROVIDING FOR CONFLICTS FOR TWO YEARS, UNDER EXISTING PRICING; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City utilizes a Special Magistrate system for code compliance hearings and on April 8, 2022, the City issued Request for Proposals (“RFP”) No. 22-016 for Special Magistrate Services; and WHEREAS, in July 2022, the City entered into two-year agreements for Code Compliance Special Magistrate services with Harry M. Hipler and Nason, Yeager, Gerson, Harris & Fumero, P.A.; and WHEREAS, the initial agreement provides for two (2) additional two (2) year periods. WHEREAS, the agreements officially expired on July 14, 2024, requiring the renewals to be effective retroactively to that date. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That the above “Whereas” clauses are ratified and confirmed, and they are made a part of and incorporated into this Resolution by this reference. Section 2. That the proper City officials are authorized to execute First Renewal Agreement with Harry M. Hipler and Nason, Yeager, Gerson, Harris & Fumero, P.A., which copies of the First Renewal Agreements are attached as composite Exhibit “A” and are incorporated into this Resolution by this reference. Section 3. That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict. Section 4 . That this Resolution shall be in force and take effect immediately upon its passage and adoption. SIGNATURES ON THE FOLLOWING PAGE 2 RESOLUTION #2025-062 PASSED AND ADOPTED on May 13, 2025. Motion by Commissioner Lewellen, second by Commissioner Ryan. FINAL VOTE ON ADOPTION: Unanimous X Yes No Commissioner Lori Lewellen ____ ____ Commissioner Luis Rimoli ____ ____ Commissioner Archibald J. Ryan IV ____ ____ Vice Mayor Marco Salvino ____ ____ Mayor Joyce L. Davis ____ ____ ATTEST: ERIN MCCLENDON JOYCE L. DAVIS DEPUTY CITY CLERK MAYOR APPROVED AS TO FORM AND CORRECTNESS: EVE A. BOUTSIS CITY ATTORNEY 1 FIRST RENEWAL BETWEEN THE CITY OF DANIA BEACH, FLORIDA AND NASON YEAGER GERSON HARRIS & FUMERO, P.A. FOR CODE COMPLIANCE SPECIAL MAGISTRATE SERVICES. This is the First Renewal (the “Renewal”) between the City of Dania Beach, Florida, a Florida municipal corporation (“City”) and Nason Yeager Gerson Harris & Fumero, P.A. (the “Firm”), with its principal mailing address of 750 Park of Commerce Boulevard, Suite 210, Boca Raton, Florida 33487. In consideration of the mutual covenants, terms and conditions contained in this Agreement, and other good and valuable consideration, the adequacy and receipt of which are acknowledged and agreed upon, the parties agree to the following: 1. The agreement existing between the Firm and the City of Dania Beach dated June 29, 2022, pursuant to the City’s Request for Proposals (RFP) No. 22-016, is attached as Exhibit “A”, and made a part of and are incorporated into this First Renewal by this reference), shall be considered as part of this Renewal between the City and the Firm. 2. The current Agreement expired on July 14, 2024 and this Renewal is retroactive to that date and it is valid through July 14, 2026. 3. Pursuant to Resolution No. 2022-098, the City wishes to exercise the first of two (2) additional two (2) year renewals. 4. That in all other respects, the terms of the Agreement apply to this Renewal. SIGNATURES ON FOLLOWING PAGES 2 IN WITNESS of the foregoing, the parties have executed this First Renewal on . 2025. CITY: CITY OF DANIA BEACH, FLORIDA, ATTEST: a Florida municipal corporation ELORA RIERA, MMC JOYCE L. DAVIS CITY CLERK MAYOR APPROVED AS TO FORM AND CORRECTNESS: ANA M. GARCIA, ICMA-CM CITY MANAGER EVE A. BOUTSIS CITY ATTORNEY 3 WITNESSES: SPECIAL MAGISTRATE: Nason Yeager Gerson Harris & Fumero, P.A. Signature Signature JOHN J. FUMERO PRINT Name PRINT Name Signature Title PRINT Name Date STATE OF FLORIDA ) COUNTY OF PALM BEACH) The foregoing instrument was acknowledged before me by means of ☐ physical presence or ☐ online notarization, on , 2025, by John J. Fumero of Nason Yeager Gerson Harris & Fumero, P.A., who is personally known to me or has produced as identification. Notary Signature Notary Seal: Printed Name City of Dania Beach City Attorney’s Office 100 West Dania Beach Blvd ∙ Dania Beach, FL 33004 ∙ (954) 924-6800 ∙ (954) 921-2604 (fax) June 29, 2022 Mr. John J. Fumero Nason Yeager Gerson Harris & Fumero, P.A. 750 Park of Commerce Boulevard, Suite 210 Boca Raton, Florida 33487 Subject: Special Magistrate Retainer Agreement-Harry Hipler Dear Mr. Fumero, This Retainer Agreement shall confirm that you agree to act as a Code Compliance Special Magistrate for the City of Dania Beach (the “City”) under the following terms and conditions: 1. Pursuant to the authority provided by City Resolution to be adopted by the City Commission, this will serve as your appointment as a “back-up” Special Magistrate for Code Compliance. The Code Compliance Hearings are scheduled on the second Thursday of the month and begin at 9:00 a.m. You will serve at the pleasure of the City Commission. 2. It is agreed to that you will be compensated for your services on an hourly basis at the rate of One Hundred Fifty Dollars ($150.00) per hour, excluding travel time to and from Special Magistrate hearings and meetings. 3. It is also agreed to that you may bill for reasonable out-of-pocket expenses in connection with our Special Magistrate duties, including but not limited to, such ordinary expenses as postage, telephone calls (a copy of the telephone bill must be submitted with the request), photocopy charges ($0.15 per page) and courier charges. 4. As a Code Compliance Special Magistrate, you will be responsible for the preparation for and attendance at scheduled Special Magistrate Hearings, review of the final order(s) and such other duties as the City may assign to you. Additionally, you shall adhere to Chapter 162, Florida Statutes, Chapter 2, of the City Code of Ordinances and the City’s Zoning and Land Development Codes as they relate to Code Compliance matters, the Florida Rules of Civil Procedure, Rules of Evidence, and all other City ordinances relevant to Code Compliance. 5. It is further agreed to that you must submit a detailed invoice to the City Code Compliance Division, Attention: Eric Walton, Code Compliance Manager, within fifteen (15) days after the end of the preceding month. Invoices shall include the date of the hearing over which you presided; the total number of hours worked (rounded to the nearest tenth), and a brief summary of the work performed. Any reimbursement of out-of-pocket expenses outlined above requires the submission of invoices, bills and receipts. If any errors are discovered in any invoice, City will inform you and will request revised copies of such invoices. If any disagreement arises as to payment of any portion of an invoice, City agrees to pay all undisputed portions, and the parties agree to cooperate by promptly conferring to resolve the disputed portion of the invoice. 6. This Agreement may be cancelled by the City upon five (5) days’ prior written notice with or without cause. Upon such termination, you shall be entitled only to such fees and costs earned as of the date of termination. In the event you deem it necessary to cancel this Agreement, you shall give thirty (30) days’ prior written notice to the City Attorney’s office. 7. In connection with the Special Magistrate duties, it is understood and agreed to that you shall neither represent clients in lawsuits, quasi-judicial proceedings, or administrative matters involving the City, nor shall you represent any client in a property-related matter with a reasonable potential of becoming a respondent before a Special Magistrate, so long as you serve as Special Magistrate for the City. Further, you shall not receive a referral fee for referring a current or future potential client to another attorney, if such client is pursuing or intends to pursue any claim against the City in a court of law, any arbitration hearing, or before a state or local government administrative board. 8. The City will indemnify and defend you in your capacity as a Special Magistrate for Municipal Code Compliance proceedings from any cause of action that may arise from the performance of your duties as Special Magistrate on behalf of the City, within the scope and course of your employment. Very truly yours, Agreed to and accepted by: Eve A. Boutsis, City Attorney ________________________ Signature PRINT Name Date: __________________, 2022 EAB:la 1 FIRST RENEWAL BETWEEN THE CITY OF DANIA BEACH, FLORIDA AND HARRY M. HIPLER FOR CODE COMPLIANCE SPECIAL MAGISTRATE SERVICES. This is the First Renewal (the “Renewal”) between the City of Dania Beach, Florida, a Florida municipal corporation (“City”) and Mr. Harry M. Hipler, with its principal mailing address of 215 North Federal Highway, Dania Beach, Florida 33004. In consideration of the mutual covenants, terms and conditions contained in this Agreement, and other good and valuable consideration, the adequacy and receipt of which are acknowledged and agreed upon, the parties agree to the following: 1. The agreement existing between Mr. Hipler and the City of Dania Beach dated June 29, 2022, pursuant to the City’s Request for Proposals (RFP) No. 22-016, is attached as Exhibit “A”, and made a part of and are incorporated into this First Renewal by this reference), shall be considered as part of this Renewal between the City and Mr. Hipler. 2. The current Agreement expired on July 14, 2024 and this Renewal is retroactive to that date and it is valid through July 14, 2026. 3. Pursuant to Resolution No. 2022-098, the City wishes to exercise the first of two (2) additional two (2) year renewals. 4. That in all other respects, the terms of the Agreement apply to this Renewal. SIGNATURES ON FOLLOWING PAGES 2 IN WITNESS of the foregoing, the parties have executed this First Renewal on . 2025. CITY: CITY OF DANIA BEACH, FLORIDA, ATTEST: a Florida municipal corporation ELORA RIERA, MMC JOYCE L. DAVIS CITY CLERK MAYOR APPROVED AS TO FORM AND CORRECTNESS: ANA M. GARCIA, ICMA-CM CITY MANAGER EVE A. BOUTSIS CITY ATTORNEY 3 WITNESSES: SPECIAL MAGISTRATE: Harry M. Hipler Signature Signature PRINT Name PRINT Name Signature Title PRINT Name Date STATE OF FLORIDA ) COUNTY OF BROWARD) The foregoing instrument was acknowledged before me by means of ☐ physical presence or ☐ online notarization, on , 2025, Harry M. Hipler, who is personally known to me or has produced as identification. Notary Signature Notary Seal: Printed Name City of Dania Beach City Attorney’s Office 100 West Dania Beach Blvd ∙ Dania Beach, FL 33004 ∙ (954) 924-6800 ∙ (954) 921-2604 (fax) June 29, 2022 Mr. Harry Hipler 215 North Federal Highway Dania Beach, Florida 33004 Subject: Special Magistrate Retainer Agreement-Harry Hipler Dear Mr. Hipler, This Retainer Agreement shall confirm that you agree to act as a Code Compliance Special Magistrate for the City of Dania Beach (the “City”) under the following terms and conditions: 1. Pursuant to the authority provided by City Resolution to be adopted by the City Commission, this will serve as your appointment as a Special Magistrate for Code Compliance commencing on July 14, 2022. The Code Compliance Hearings are scheduled on the second Thursday of the month and begin at 9:00 a.m. You will serve at the pleasure of the City Commission. 2. It is agreed to that you will be compensated for your services on an hourly basis at the rate of One Hundred Fifty Dollars ($150.00) per hour, excluding travel time to and from Special Magistrate hearings and meetings. 3. It is also agreed to that you may bill for reasonable out-of-pocket expenses in connection with our Special Magistrate duties, including but not limited to, such ordinary expenses as postage, telephone calls (a copy of the telephone bill must be submitted with the request), photocopy charges ($0.15 per page) and courier charges. 4. As a Code Compliance Special Magistrate, you will be responsible for the preparation for and attendance at scheduled Special Magistrate Hearings, review of the final order(s) and such other duties as the City may assign to you. Additionally, you shall adhere to Chapter 162, Florida Statutes, Chapter 2, of the City Code of Ordinances and the City’s Zoning and Land Development Codes as they relate to Code Compliance matters, the Florida Rules of Civil Procedure, Rules of Evidence, and all other City ordinances relevant to Code Compliance. 5. It is further agreed to that you must submit a detailed invoice to the City Code Compliance Division, Attention: Eric Walton, Code Compliance Manager, within fifteen (15) days after the end of the preceding month. Invoices shall include the date of the hearing over which you presided, the total number of hours worked (rounded to the nearest tenth), and a brief summary of the work performed. Any reimbursement of out-of-pocket expenses outlined above requires the submission of invoices, bills and receipts. If any errors are discovered in any invoice, City will inform you and will request revised copies of such invoices. If any disagreement arises as to payment of any portion of an invoice, City agrees to pay all undisputed portions, and the parties agree to cooperate by promptly conferring to resolve the disputed portion of the invoice. 6. This Agreement may be cancelled by the City upon five (5) days’ prior written notice with or without cause. Upon such termination, you shall be entitled only to such fees and costs earned as of the date of termination. In the event you deem it necessary to cancel this Agreement, you shall give thirty (30) days’ prior written notice to the City Attorney’s office. 7. In connection with the Special Magistrate duties, it is understood and agreed to that you shall neither represent clients in lawsuits, quasi-judicial proceedings, or administrative matters involving the City, nor shall you represent any client in a property-related matter with a reasonable potential of becoming a respondent before a Special Magistrate, so long as you serve as Special Magistrate for the City. Further, you shall not receive a referral fee for referring a current or future potential client to another attorney, if such client is pursuing or intends to pursue any claim against the City in a court of law, any arbitration hearing, or before a state or local government administrative board. 8. The City will indemnify and defend you in your capacity as a Special Magistrate for Municipal Code Compliance proceedings from any cause of action that may arise from the performance of your duties as Special Magistrate on behalf of the City, within the scope and course of your employment. Very truly yours, Agreed to and accepted by: Eve A. Boutsis, City Attorney ________________________ Signature PRINT Name Date: __________________, 2022 EAB:la