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Home My WebLink AboutItem 15 Approval to Hire Code Enforcement Board Attorney 1/4 ocoee tloroCca AGENDA ITEM COVER SHEET Meeting Date: July 20, 2021 Item # 15 Reviewed By: Contact Name: Doug Gaines Department Director: Contact Number: 407-554-7223 City Manager: Subject: Approval to hire Code Enforcement Board attorney Background Summary: Under Section 7-5 of the City Code, the City Commission appoints a Board Attorney to act as legal counsel for the Code Enforcement Board ("CEB Attorney"). The previously appointed CEB Attorney is no longer available to serve the Code Enforcement Board and suggests the use of another Attorney within the same firm to continue serving the Board. As attorneys from the previous CEB Attorney's law firm have served as the Code Enforcement Board Attorney for the City for several years, the City Attorney recommends that James "Skip" Fowler, Esq., serve as CEB Attorney to allow for an efficient transition of those duties. The City Attorney has determined that Mr. Fowler has the requisite experience, availability and desire to perform such services. He has previously performed this service. Issue: Should the Honorable Mayor and Board of City Commissioners approve an Agreement with attorney James "Skip" Fowler, Esq., to serve as Attorney to the Code Enforcement Board? Recommendations: It is staffs recommendation that the Honorable Mayor and Board of City Commissioners approve the Agreement with attorney James "Skip" Fowler, Esq., to serve as CEB Attorney. Attachments: Code Enforcement Board Attorney Services Agreement Financial Impact: The hourly fee for Code Enforcement Board Attorney is $190.00 per hour. This is unchanged from the previous agreement. Type of Item: (please mark with an"x") Public Hearing For Cle►k's Dept Use: Ordinance First Reading X Consent Agenda Ordinance Second Reading Public Hearing Resolution Regular Agenda x Commission Approval Discussion& Direction X Original Document/Contract Attached for Execution by City Clerk Original Document/Contract Held by Department for Execution Reviewed by Ast. City Attorney Logan Opsahl N/A Reviewed by Finance Dept. Rebecca Robert N/A Reviewed by () N/A CODE ENFORCEMENT BOARD ATTORNEY SERVICES AGREEMENT THIS AGREEMENT ("Agreement") is entered into on the _ day of July, 2021, by and between the CITY OF OCOEE, a Florida municipal corporation, whose address is 150 N. Lakeshore Drive, Ocoee, Florida 34761 ("City"), and James A. Fowler, Esq., whose address is 28 W. Central Boulevard, Suite#400, Orlando, Florida 32801 ("CEB Attorney"). RECITALS A. Whereas, attorneys from CEB Attorney's law firm have served as the Code Enforcement Board Attorney for the City for several years; B. Whereas,the parties now desire to appoint CEB Attorney as the Code Enforcement Board Attorney for the City. 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. CEB Attorney warrants that he is fully qualified to perform the duties of CEB Attorney as described herein and under Florida law, and that CEB Attorney is a member in good standing of the Florida Bar. 2. CEB Attorney. CEB Attorney agrees to personally perform the duties relating to representing the City of Ocoee Code Enforcement Board on matters as designated by the City. CEB Attorney 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 provided by City, including but not limited to travel, shall be borne by CEB Attorney. 4. Compensation. CEB Attorney shall be paid One Hundred Ninety and no/100s Dollars ($190.00) per hour for services performed by CEB Attorney. In the event all hearings scheduled for a particular date are cancelled, CEB Attorney shall not be compensated for that date if he is notified at least 48 hours' in advance. CEB Attorney shall be paid for a minimum of two (2) hours in the event that less than 48 hours' notice of cancellation is given. CEB Attorney may perform legal work for other clients in his private practice so long as it does not conflict with his obligations under this Agreement. CEB Attorney shall promptly notify the City of any conflicts or other reason which CEB Attorney feels would make it inappropriate for him to decide a case. 5. Term and Termination. This Agreement shall consist of one (1) initial three (3) year term beginning July 21, 2021 ("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, CEB Attorney shall, prior to the termination date, complete all of his duties including, but not limited to, filing written orders, in any case heard by CEB Attorney. 6. Independent Contractor. City and CEB Attorney intend that the relationship between them shall be that of CEB Attorney as an independent contractor. CEB Attorney and no agent or employee of the CEB Attorney 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 CEB Attorney or the agents or employees of CEB Attorney. 7. Audit. City, at its discretion, may audit or inspect CEB Attorney'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 CEB Attorney agrees to comply with all requirements under Florida's Public Records Law. Specifically,the Contractor shall: a. Keep and maintain public records required by the City to perform the services. 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 CEB Attorney does not transfer the records to the City. d. Upon completion of the Agreement, CEB Attorney agrees to transfer at no cost to the City all public records in possession of the CEB Attorney or keep and maintain public records required by the City to perform the service. If the CEB Attorney transfers all public record to the City upon completion of the Agreement, the CEB Attorney shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the CEB Attorney keeps and maintains public records upon completion of the Agreement, the CEB Attorney 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. e. A CEB Attorney 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 Agreement to be executed by their authorized representatives on the day and year first above written. [signature page to follow] CEB ATTORNEY CITY OF OCOEE,a Florida Municipal Corporation By: Rusty Johnson, Mayor Print Name: Date: Attest: Melanie Sibbitt, City Clerk APPROVED BY THE OCOEE CITY COMMISSION AT A MEETING HELD ON , 2021, UNDER AGENDA ITEM NO. FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA; APPROVED AS TO FORM AND LEGALITY this_day of , 2021. SHUFFIELD LOWMAN & WILSON,P.A. By: City Attorney