HomeMy WebLinkAboutItem 04 Approval of Agreement with Violations Hearing Special Magistrate Ocoee
ttorio°
AGENDA ITEM COVER SHEET
Meeting Date: October 1, 2019
Item # y
Reviewed By:
Contact Name: Deputy Chief S. Plasencia Department Director: Chief ;ar -s Aown
Contact Number: 407-554-7223 City Manager: Rob Frank Wfi -
Subject: Approval of Agreement with Violations Hearing Special Magistrate
Background Summary:
On May 1, 2018, the City adopted Ordinance 2018-018 which established the Violations Hearing
Special Magistrate (the "Special Magistrate"). The Special Magistrate hears and considers contests of
designated City Code violations, including but not limited to violations relating to nuisance fire alarms,
noise, and parking violations. Attorney Robin Drage has served as the City's Special Magistrate since
May 2018 but recently resigned from her post. The City Attorney recommends local attorney,
Chenicqua (Nikki) Williams, be retained to serve as the Violations Hearing Special Magistrate. Ms.
Williams is very experienced in local government matters and in code enforcement.
Issue:
Should the Honorable Mayor and Board of City Commissioners approve an agreement with attorney
Chenicqua (Nikki) Williams to serve as Violations Hearing Special Magistrate?
Recommendations:
It is staffs recommendation that the Honorable Mayor and Board of City Commissioners approve the
agreement with attorney Chenicqua (Nikki) Williams to serve as Violations Hearing Special Magistrate.
Attachments:
Violations Hearing Special Magistrate Services Agreement
Financial Impact:
The hourly fee for the Violations Hearing Special Magistrate is $180.00 per hour. The financial impact
is anticipated to be minimal as there have been very few appeals since the ordinance was amended in
2018.
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 N/A
Reviewed by Finance Dept. 04j N/A
Reviewed by () N/A
VIOLATIONS HEARING SPECIAL MAGISTRATE
SERVICES AGREEMENT
THIS AGREEMENT ("Agreement") is entered into on the _ day of , 2019, by and
between the CITY OF OCOEE, a Florida municipal corporation, whose address is 150 N. Lakeshore
Drive, Ocoee, Florida 34761 ("Ocoee"), and Chenicqua Williams, Esq., whose address is 100 S. Orange
Avenue, Suite 1000,Orlando,Florida 32801 ("Special Magistrate").
RECITALS
A. Whereas, on May 1, 2018, the City of Ocoee City Commission adopted Ordinance 2018-18,
amending Chapter 16, relating to violations, to allow contests of designated City Code violations
to be heard by Violations Hearing Special Magistrate;and
B. Whereas, Ocoee and Special Magistrate desire to enter into this Agreement to allow Special
Magistrate to perform the duties of Violations Hearing Special Magistrate subject to the terms
and conditions set forth herein.
AGREEMENT
NOW, THEREFORE, for and in consideration of the foregoing, the mutual promises, covenants,
and agreements contained herein, and other good and valuable consideration, the receipt and sufficiency
of which are hereby acknowledged,the parties hereto agree as follows:
1. Qualifications. Special Magistrate warrants that she is fully qualified to perform the
duties of Special Magistrate as described in the City of Ocoee Code of Ordinances and under Florida law,
and that Special Magistrate is a member in good standing of the Florida Bar.
2. Violations Hearing Special Magistrate. Special Magistrate agrees to personally perform
the duties of Violations Hearing Special Magistrate to hear notices of violations of City Code, as set forth
in the Code. The Special Magistrate shall hear all matters assigned to her, unless a conflict of interest
exists,and shall prepare and file with the City Manager or designee a written order stating its findings and
the amount of fine, if applicable. Special Magistrate shall not delegate or assign his rights or obligations
hereunder in whole or in part.
3. City Responsibilities. City shall provide an appropriate location to conduct the
proceedings. City shall also provide staff to operate a recording device, schedule hearings, and perform
the administrative tasks related to the hearings. All office and overhead expenses not proved by City
including but not limited to travel,shall be borne by Special Magistrate.
4. Compensation. Special Magistrate shall be paid One Hundred Eighty and no/100s Dollars
($180.00) per hour for services performed by Special Magistrate as Violations Hearing Special
Magistrate. In the event all hearings scheduled for a particular date are cancelled, Special Magistrate shall
not be compensated for that date if she is notified at least 48 hours in advance. Special Magistrate shall be
paid for a minimum of two (2) hours in the event that less than 48 hours' notice of cancellation is given.
Special Magistrate may perform legal work for other clients in her private practice so long as it does not
conflict with her obligations under this Agreement. Special Magistrate shall promptly notify the City of
any conflicts or other reason which Special Magistrate feels would make it inappropriate for her to decide
a case.
Page 1
5. Term and Termination. This Agreement shall consist of one(1) initial three(3)year term
beginning October 1, 2019 ("Effective Date"), with two (2) separate one (1) year renewable extensions,
for a maximum of five (5)years total under this Agreement unless terminated earlier. Either party may
terminate this Agreement at any time by providing thirty(30)days written notice of its intent to terminate
to the other. Unless otherwise directed by City, Special Magistrate shall, prior to the termination date,
complete all of her duties including, but not limited to, filing written orders, in any case heard by Special
Magistrate. .
6. Independent Contractor. City and Special Magistrate intend that the relationship between
them shall be that of Special Magistrate as an independent contractor. Special Magistrate and no agent or
employee of the Special Magistrate shall be deemed to be an agent or employee of the City.None of the
benefits provided by City to its employees including, but not limited to, Worker's Compensation
insurance and unemployment insurance, are available to Special Magistrate or the agents or employees of
Special Magistrate.
7. Audit. City, at its discretion, may audit or inspect Special Magistrate's books, financial
records, ledgers, time sheets, or other records relating to services under this Agreement for a period of
three(3)years following termination of this Agreement.
8. Public Records.The City is a public agency subject to Chapter 119, Florida
Statutes. The Special Magistrate agrees to comply with Florida's Public Records Law.
Specifically,the Contractor shall:
A. Keep and maintain public records required by the City to perform the service.
B. Upon request from the City's custodian of public records, provide the City 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 chapter 119, Florida Statutes, or as otherwise
provided by law.
C. Ensure that public records that are exempt or confidential and exempt from the public records
disclosure requirements are not disclosed except as authorized by law for the duration of the
Agreement term and following completion of the Agreement if the Special Magistrate does not
transfer the records to the City.
D. Upon completion of the Agreement, Special Magistrate agrees to transfer at no cost to the
City all public records in possession of the Special Magistrate or keep and maintain public
records required by the City to perform the service. If the Special Magistrate transfers all public
record to the City upon completion of the Agreement, the Special Magistrate shall destroy any
duplicate public records that are exempt or confidential and exempt from public records
disclosure requirements. If the Special Magistrate keeps and maintains public records upon
completion of the Agreement, the Special Magistrate shall meet all applicable requirements for
retaining public records. All records stored electronically must be provided to the City, upon
request from the City's custodian of public records, in a format that is compatible with the
information technology systems of the City.
Page 2
E. A Special Magistrate who fails to provide the public records to City within a reasonable time
may be subject to penalties under section 119.10,Florida Statutes.
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 AGREEMENT, CONTACT THE 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. Entire Agreement. This Agreement contains the entire understanding and agreement
between the parties hereto with respect to the subject matter hereof. The Agreement may be modified
only by written instrument signed by all parties hereto.
10. Notice. Any notice required or allowed to be delivered under this Agreement shall be
provided in writing and sent to the address on page 1 of this Agreement. Notice shall be sent by hand
delivery or sent by a nationally recognized overnight delivery service for next business day delivery.
11. Governing Law and Venue. This Agreement is to be governed by, and construed and
enforced in accordance with, the laws of the State of Florida. In the event any litigation or other formal
legal or equitable proceeding (collectively, the "Litigation") between any of the Parties hereto, or their
affiliates, heirs, agents, successors, or assigns, is instituted in connection with the construction,
interpretation, or enforcement of this Agreement, the party commencing such litigation shall be required
to institute the same in state courts within the jurisdiction and venue of Orange County,Florida
12. No Waiver.No wavier of any provision of this Agreement shall be effective unless it is in
writing and signed by the party against whom it is asserted. Any such written waiver shall only be
applicable to the specific instance to which it relates and shall not be deemed to be a continuing or future
waiver.
13. Counterparts. This Agreement may be executed in any number of counterparts, each of
which shall be original as against any party whose signature appears thereon, and all of which together
shall constitute one and the same Agreement.
14. Severability. If any provision of this Agreement is ultimately determined to be invalid or
unenforceable, such provision shall be deemed limited by construction in scope and effect to the
minimum extent necessary to render the same valid and enforceable, and, in the event no such limiting
construction is possible, such invalid or unenforceable provision shall be deemed severed from this
Agreement without effecting the validity of any other provision hereof.
IN WITNESS WHEREOF the parties hereto have caused this Amendment to be executed by their
authorized representatives on the day and year first above written.
•
Page 3
SPECIAL MAGISTRATE CITY OF OCOEE,a Florida Municipal
Corporation
By: i ' ' ;a s By:
Rusty Johnson, Mayor
Title: S Pe Ci Cl‘ fq di ia4ra4e
Signature: it--77;14i-
Date: S az OG. )f f' I Is QC I q
Attest:
Melanie Sibbitt, City Clerk
APPROVED BY THE OCOEE CITY
COMMISSION AT A MEETING HELD
ON , 2019, UNDER
AGENDA ITEM NO.
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
Page 4