HomeMy WebLinkAboutR-2022-098 Appointing Special Magistrates Hipler, Ansbro, Nason (RFP 22-016) RESOLUTION NO. 2022-098
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, APPOINTING HARRY M. HIPLER, THOMAS J.
ANSBRO, AND THE FIRM OF NASON, YEAGER, GERSON, HARRIS &
FUMERO, P.A., TO ACT AS CODE COMPLIANCE SPECIAL
MAGISTRATES FOR MUNICIPAL CODE COMPLIANCE PROCEEDINGS
AND SETTING THE COMPENSATION FOR SERVICES; PROVIDING FOR
CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS,the City utilizes a Special Magistrate system for code compliance; and
WHEREAS, to ensure that the City adheres to best practices, including procurement
practices, on April 8, 2022, the City issued Request for Proposals ("RFP") No. 22-016 for
Special Magistrate Services; and
WHEREAS, pursuant to the RFP, the City sought persons that are members in good
standing with the Florida Bar and eligible to practice law in the State of Florida, with experience
at providing the required Professional Special Magistrate Services; and
WHEREAS, the City received three responses, all of which are qualified to provide
Special Magistrate Services; and
WHEREAS,the City desires to utilize the services of all three respondents to ensure that
there is always a Special Magistrate available to oversee the Code Compliance hearings;
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 as being true
and correct, and they are made a part of and incorporated into this Resolution by this reference.
Section 2. That the City Commission appoints Harry M. Hipler, Thomas J. Ansbro
and the firm of Nason, Yeager, Gerson, Harris & Fumero, P.A., to act as Code Enforcement
Special Magistrates for municipal code compliance proceedings. A copy of the proposed Special
Magistrate Letter Agreement, which includes the compensation for services, is attached as
Exhibit "A" and is made a part of and incorporated into this Resolution by this reference.
Although, the appointees shall serve at the pleasure of the City Commission, pursuant to the
RFP, the appointees are being provided a letter agreement with an initial two (2) year term, with
an option to renew for two (2) additional two (2) year time periods for a cumulative total of six
(6) years, using the same terms, conditions, and pricing of the original agreement provided that
funds are available and appropriated by the City Commission.
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.
PASSED AND ADOPTED on June 28, 2022.
ATTEST:.,0,4471„.04.4zycLAZ( •
THOMAS SCHNEIDER, CMC ��`�+ As TA RA JAMES
CITY CLERK �llSHED1 - MAYOR
APPROVED AS TO FORM AND CORRECTNESS
EV r BOU S
CI I ATTO EY
2 RESOLUTION#2022-098
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.
SAMPLE AGREEMENT
June 28, 2022
•
NAME
ADDRESS
Subject: Special Magistrate Retainer Agreement-Harry Hipler
Dear
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 . 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
ear time periods for a cumulative total of six
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
f the preceding month. Invoices shall include the date
of the hearing over which you presided,the total number of hours worked(rounded to
ear time periods for a cumulative total of six