HomeMy WebLinkAboutR-2016-050 Appoints Harry M. Hipler To Act As Alternate Code Enforcement Special Magistrate For Municipal Code Enforcement Proceedings & Compensation for Services. RESOLUTION NO. 2016-050
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, APPOINTING HARRY M. HIPLER TO ACT AS AN
ALTERNATE CODE ENFORCEMENT SPECIAL MAGISTRATE FOR
MUNICIPAL CODE ENFORCEMENT 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 M.
Hipler to act as an alternate 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 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are repealed to the extent of such conflict.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 April 26, 2016.
ATTEST -s F��Tc,��
LOUISE STILSON, CMC 1 CO SALVINO, SR.
CITY CLERK AYOR
TEV 1g"
APPROVED AS TO FO ND CORRECTNESS
THOMAS J ANSBR
CITY ATTORNEY
April 27, 2016
Mr. Harry M. Hipler
Dubow&Dubow
215 N. Federal Highway
Dania Beach, Florida 33004
RE: Special Magistrate Retainer Agreement—Harry M. Hipler
Dear Mr. Hipler,
This Retainer Agreement shall confirm that you agree to act as a Code Enforcement
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
Enforcement commencing on May 5, 2016. You will serve at the 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 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 an alternate Code Enforcement 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 Enforcement matters, the Florida Rules of Civil Procedure, Florida Rules of
Evidence, and all other City ordinances relevant to Code Enforcement.
5. It is further agreed to that you must submit a detailed invoice to the City Code
Enforcement Department, Attention: Eric Walton, Code Compliance Manager, within
fifteen (15) days after the end of the preceding month. Invoices shall include the date
2 RESOLUTION#2016-050
of the hearing over which you presided, the total number of hours worked (rounded to
the nearest tenth of an hour), and a brief summary of the work performed. Any
reimbursement for out-of-pocket expenses outlined above requires the submission of
invoices, bills and receipts. If any errors are discovered in any invoice, the 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, the 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 agree to 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
the Code Enforcement Board, a Special Magistrate, or both, 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,
including the City Code Enforcement Board and Special Magistrate hearings.
8. 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, if
they are within the scope and course of your employment.
Very truly yours,
Agreed to and accepted by:
Thomas J. Ansbro, City Attorney
Date: , 2016
Signature
PRINT Name
Date
3 RESOLUTION#2016-050