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Home My WebLink AboutR-2005-131 Special Magistrate Appointment RESOLUTION NO. 2005-131 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPOINTING GORDON LINN AND MARK BERMAN TO ACT AS CODE ENFORCEMENT SPECIAL MAGISTRATES FOR MUNICIPAL CODE ENFORCEMENT PROCEEDINGS; 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 Gordon Linn and Mark Berman to act as Code Enforcement Special Magistrates for municipal code enforcement proceedings. A copy of the terms and conditions of the appointment is attached and incorporated by this reference. The appointees 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 That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict.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 September 13 , 2005. ANNE CASTRO MAYOR-COMMISSIONER 'ATTEST: ROLL CALL: COMMISSIONER ANTON - YES COMMISSIONER BERTINO -YES LOUISE STILSON COMMISSIONER MCELYEA - YES CITY CLERK VICE-MAYOR FLURY - YES MAYOR CASTRO - YES APPROVED AS TO FO AND CORRECTNESS BY: THO AS)J. ,04M390, CITY ATTORNEY �r • MR . FLORIDA September 16, 2005 Gordon Linn, Esq. �-�% ✓f;% 3 �-- e,rL,-333331 Re: Special Magistrate Retainer Agreement Dear Mr. Linn: This Retainer Agreement shall confirm that you agree to act as a Code Enforcement ® Special Magistrate for the City of Dania Beach ("City") under the following terms and conditions; 1. Pursuant to the authority provided in City Resolution No. 2005- 1 131, adopted on September 13, 2005, this will serve as your appointment as a Special Magistrate for Code Enforcement commencing on October 1, 2005. You will serve it this pleasure of the City Commission. 2. It is agreed that you will be compensated for your services on an hourly basis at the rate of$100.00 per hour, excluding travel time to and from Special Magistrate hearings and meetings. 3. Tt is agreed that you may 'bill fo_r. actual reasonable .out-of-pockel expenses in connection with your 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), e) and courier charges. 4. As a Code Enforcement Special Magistrate, you will be responsible for preparation for and attendance at scheduled Special Magistrate Hearings, review of the final order(s) and such other duties as the City may assign. Additionally, you will 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 Enforcement matters, the Florida Rules of Civil Procedure, rules of evidence and all other City ordinances relevant to code enforcement. "Broward's First City" 100 West Dania Beach Boulevard Dania Beach, Florida 33004 Phone: (954) 924-3600 www.ci.dania-beach.fl.us Gordon Linn, Esq. September 16, 2005 ® Page 2 of 3 5. It is agreed that you will submit a detailed invoice to the City Code Enforcement Department, Attention: Gloria Brandes, Clerk, within fifteen (15) days of after the end of the preceding month. Invoices shall include: the date of each 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 for out-of-pocket expenses outlined above requires the submission of invoices, bills, receipts, etc. 6. Each invoice will be reviewed and submitted to the Finance office for processing. In the event that there is a question or dispute as to a certain invoice, either the Code Enforcement Office or the City Attorney's office will contact you to resolve the matter. 7. This Agreement may be cancelled by the City upon five (5) days' prior written nnt.C� ;1"tI •' A*'ithc_?t r3z c� TTpol7 SUCK te:!??in,�ti�n :ni Sllall be Pnritlp4] Gnly t0 `tuch fees and >`y 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 that you shall not 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 the Code Enforcement Board, a Special Magistrate or both. 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 Enforcement 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. Please sign in the space provided below and send the original to my office. Ve3y,Aruly yours, Thomas J. Ansbro, City Attorney City of Dania Beach Agreed and.accepted by: Date: Gordon Linn, Esq. a FLORIDA September 16, 2005 Mark E. Berman, Esq. 15840 Surrey Circle UT '22-2nj Uai`ii1. 1 i.. 33331 Re: Special Magistrate Retainer Agreement Dear Mr. Berman: This Retainer Agreement shall confirm that you agree to act as a Code Enforcement ® Special Magistrate for the City of Dania Beach ("City") under the following terms and conditions; 1. Pursuant to the authority provided in City Resolution No. 2005- 01, adopted on September 13, 2005, this will serve as your appointment as a Special Magistrate for Code Enforcement commencing on October 1, 2005. You will serve it this pleasure of the City Commission. 2. It is agreed that you will be compensated for your services on an hourly basis at the rate of$100.00 per hour, excluding travel time to and from Special Magistrate hearings and meetings. 3. 1t is agreed Char you may tali tilt acivai ..;'�5:::;:ilJ[( out-olf-pocket c.xp., ilses 13i connection with your 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), f nd courier charges. 4. As a Code Enforcement Special Magistrate, you will be responsible for preparation for and attendance at scheduled Special Magistrate Hearings, review of the final order(s) and such other duties as the City may assign. Additionally, you will 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 Enforcement matters, the Florida Rules of Civil Procedure, rules of evidence and all other City ordinances relevant to code enforcement. "Broward's First City" 100 West Dania Beach Boulevard Dania Beach, Florida 33004 Phone: (954) 924-3600 www.ci.dania-beach.fl.us Mark E. Berman September 16, 2005 Page 2 of 2 5. It is agreed that you will submit a detailed invoice to the City Code Enforcement Department, Attention: Gloria Brandes, Clerk, within fifteen (15) days of after the end of the preceding month. Invoices shall include: the date of each 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 for out-of-pocket expenses outlined above requires the submission of invoices, bills, receipts, etc.' 6. Each invoice will be reviewed and submitted to the Finance office for processing. In the event that there is a question or dispute as to a certain invoice, either the Code Enforcement Office or the City Attorney's office will contact you to resolve the matter. 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 that you shall not 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 the Code Enforcement Board, a Special ® Magistrate or both. 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 Enforcement 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. Please sign in the space provided below and send the original to my office. Very_truly your ' i �✓ Thomas,.,,. Ansbro, City Attorney City of Dania Beach Agreed and accepted by: Date: /0 S Mark E.-Berman,IEsq.='`