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HomeMy WebLinkAboutItem 07 Approval of Litigation Services with DeYoung Law Firm, P.A., for Contested Red Light Camera Citations v J ocoee florida AGENDA ITEM COVER SHEET Meeting Date: March 5, 2019 Item # �l Reviewed By: Contact Name: Scott Nylander Department Director: C. Bro Contact Number: 407-554-7104 City Manager: R. Frank fir ����/ Subject: Approval of Litigation Services with DeYoung Law Firm, P. for Contested Red Light Camera Citations • Background Summary: The City of Ocoee Police Department attends regularly scheduled red light camera hearings when a violator contests a uniform traffic citation from a red light camera violation. In court a violator's attorney has argued police officers can't lay predicate and testify to red light camera violations without an attorney representing the City. Erin L. DeYoung, of DeYoung Law Firm currently represents six different municipalities in the Central Florida area at their red light camera hearings. DeYoung Law Firm will provide litigation services on an as needed basis as requested by the City of Ocoee Police Department and agreed upon by the Contractor, but the primary litigation service being provided will be representing the City of Ocoee Police Department at monthly red light camera hearings. Issue: 4 Should the Honorable Mayor and Board of City Commissioners approve the litigation services with DeYoung Law Firm, P.A., for contested red light camera citations? Recommendations: Staff recommends the City Commission approve the litigation services agreement between the Ocoee Police Department and the DeYoung Law Firm, P.A. Attachments: The proposed Agreement between Ocoee Police Department and DeYoung Law Firm, P.A. Financial Impact: Litigation Services will be billed by the DeYoung Law Firm,P.A., at a rate of$200 per hour in fifteen minute increments. Type of Item: (please mark with an x') Public Hearing For Clerk's Dept Use: Ordinance First Reading X Consent Agenda Ordinance Second Reading Public Hearing Resolution Regular Agenda X Commission Approval Discussion&Direction Original Document/Contract Attached for Execution by City Clerk Original Document/Contract Held by Department for Execution Reviewed by City Attorney Dana Crosby-Collier on February 22, 2019 N/A Reviewed by Finance Dept. N/A Reviewed by N/A 2 Payment(s) to the Contractor shall be made on a monthly basis once an invoice has been received and approved by the Department. The payment shall be made in accordance with the provisions of the Florida Local Government Prompt Payment Act, Part VII, Chapter 218, Florida Statutes. C. OTHER TERMS AND CONDITIONS 1. During the term of the Agreement, Contractor shall maintain her Florida Bar license to practice law and any other licenses, certifications, and/or designations necessary to carry out the obligations set forth in this Agreement. 2. The Contractor warrants that no part of the total contract amount provided herein shall be paid, directly or indirectly, to any officer or employee of the Department as wages, compensation, or gifts in exchange for acting as officer, agent, employee, sub- contractor, or consultant to the contractor in connection with any work contemplated or performed relative to this Agreement. 3. The Contractor is an independent Contractor and not an employee of the City and shall carry adequate insurance, and pay all taxes incidental hereunto. 4. The effective date and term of the Agreement shall begin upon approval of this Agreement by the City Commission and shall end on the February 28, 2020. Thereafter, the Agreement will automatically renew on an annual basis until terminated by either party in accordance with this Agreement. 5. This Agreement may be terminated by either party by giving written notice to the other, at least 60 days prior to the intended termination of the Agreement. In the event of such termination of this Agreement, the Contractor shall be entitled to receive compensation for any approved work completed on or before the termination date. 6. If either party fails to fulfill in a timely and proper manner its obligations under this Agreement, the offended party shall give the offending party written notice of said breach and shall provide the other party thirty (30) days to cure the defect. If the defect is not cured, the opposing party shall have the right to immediately terminate this Agreement with payment of compensation for work completed to the Contractor as of the date of termination in accordance with this Agreement. 7. This Agreement may be modified only by written amendment executed by all parties hereto. 8. The Florida Public Records Act, Chapter 119.071 of the Florida Statutes, requires: AGREEMENT BETWEEN OCOEE POLICE DEPARTMENT AND DEYOUNG LAW FIRM, P.A. F EI D: 46-1891290 THIS AGREEMENT, by and between the CITY OF OCOEE, a municipal corporation existing under the laws of the State of Florida, for the OCOEE POLICE DEPARTMENT, with an office located at 646 Ocoee Commerce Parkway, Ocoee, Florida 34761 herein referred to as the "DEPARTMENT", and the DEYOUNG LAW FIRM, P.A. having its principal office at 2423 S. Orange Avenue, Orlando, Florida 32806, hereinafter referred to as the "CONTRACTOR". WITNESSETH: In consideration of the mutual promises herein contained, the parties have agreed and hereby enter in this Agreement for Services according to the provisions set out herein: A. SCOPE OF SERVICES Litigation Services on an as needed basis as requested by the Department and agreed upon by the Contractor. B. COMPENSATION 1. Hourly Rate for Litigation Services Litigation Services will be billed by the Contractor to the Department at a rate of $200 per hour in fifteen minute increments. 2. Reimbursing out of pocket expenses The Department will reimburse the Contractor, or make direct payment, for any out of pocket expenses made by the Contractor to fulfill a request for services described in Section A, above. For example, the Department will reimburse the Contractor for filing fees to initiate litigation, posting of a bond for forfeiture litigation, Service of Process fees, Expert Witness Fees, etc. Additionally, if the Department requires the Contractor to travel outside of Orange County, Florida to perform services, the Contractor will be reimbursed for those travel costs. The Contractor will discuss and received approval to incur such fees from the Chief of Police, or his designee(s), prior to incurring any such fees. 3. Timetable of Payments parties executing this Agreement. 11. If any party enters into legal actions for enforcement of or damages for breach of this Agreement, each party will be responsible for its own costs and attorney's fees. The exclusive venue of a legal or equitable action that arises out of or relates to the Agreement shall be the appropriate state court in Orange County, Florida. The parties waive any right to a jury trial. 12. Any notice required under this Agreement shall be provided in writing via U.S. Mail or overnight courier to the other party at the address given on Page 1 of this Agreement. Additionally, a courtesy copy of such notice should be provided in writing to the coordinator at the email address below. 13. Chief Charles J. Brown is the Department's Coordinator for this Agreement and can be reached at (407) 905-3160 or email cbrown@ocoee.org. 14. Erin DeYoung is the Contractor's Coordinator for this Agreement and can be reached at (407) 412-4779 or email: devounglawfirm@vahoo.com. IN WITNESS WHEREOF, the parties have by their duly authorized representatives set forth their signatures. DEYOUNG LAW FIRM, P.A. By: Erin L. DeYoung Date President a. That the contractor keep and maintain public records required by the public agency to perform the service. b. Upon request from the public agency's custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in the chapter or as otherwise provided by law. c. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the public agency. d. Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the contractor or keep and maintain public records required by the public agency to perform the service. If the contractor transfers all public records to the public agency upon completion of the contract, the contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the contractor keeps and maintains public records upon completion of the contract, the contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency's custodian of public records, in a format that is compatible with the IT systems of the agency. e. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS COCNTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: CUSTODIAN OF PUBLIC RECORDS AT 407-905-3100, EXTENSION 1022, CCDL@ci.ocoee.fl.us, WITH AN OFFICE LOCATED AT 150 NORTH LAKESHORE DRIVE, OCOEE, FLORIDA 34761. 9. Neither Party may assign this Agreement. 10. This Agreement is solely for the benefit of the parties hereto. No right, remedy cause of action or claim shall accrue to the benefit of any third party who is not one of the CITY OF OCOEE, a Florida municipal corporation By: RUSTY JOHNSON Mayor Attest: Melanie Sibbitt, City Clerk FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA; APPROVED AS TO FORM AND LEGALITY this _ day of , 2019. SHUFFIELD LOWMAN & WILSON, P.A. By: City Attorney APPROVED BY THE OCOEE CITY COMMISSION AT A MEETING HELD ON , 2019 UNDER AGENDA ITEM NO.