HomeMy WebLinkAboutR-2020-116 Appointing Harry Hipler as Special MagistrateRESOLUTION NO.2020-116
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, APPOINTING HARRY HIPLER TO ACT AS A CODE
COMPLIANCE SPECIAL MAGISTRATE FOR MUNICIPAL CODE
COMPLIANCE PROCEEDINGS AND SETTING THE COMPENSATION FOR
HIS SERVICES; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING
FOR AN EFFECTIVE DATE.
BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA:
Section 1. That the City Commission of the City of Dania Beach appoints Harry
Hipler to act as a Code Enforcement Special Magistrate for municipal Code enforcement
proceedings. A copy of the Special Magistrate Agreement, which includes the compensation for
his services, is attached as Exhibit "A" and is made a part of and incorporated into this
Resolution by this reference. The appointee shall serve at the pleasure of the City Commission.
Section 2. That all resolutions or parts of resolutions in conflict with this Resolution
are repealed to the extent of such conflict.
Section 3. That this Resolution shall be in force and take effect immediately upon its
passage and adoption.
PASSED and ADOPTED on October 13, 2020.
ATTEST
THOMAS SCHNEIDER, CMC
CITY CLERK
APPROVED AS TO FOR-44 AND
THOMAS J) AI�RO
CITY ATTORNEY
LORI &WELLEN
e� MAYOR
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►RRECTNESS
City of Dania Beach
City Attorney's Office
DANIA BEACH 100 West Dania Beach Blvd • Dania Beach, FL 33004 • (954) 924-6800 • (954) 921-2604 (fax)
SEA IT. LIVE IT LOVE IT.
October 14, 2020
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 November 19, 2020. 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 Twenty -Five Dollars ($125.00) 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
6. 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.
7. 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.
8. 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.
9. 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: Thomas J. Ansbro, City Attorney
Date: , 2020
Signature
_Harry Hipler
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