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HomeMy WebLinkAbout10-15-13 Emergency Item #1 Alternate Hearing Officer Service AgreementANDREW J. HAND Shepard, Smith & Cassady, PA 2300 Maitland Center Parkway, Suite 100 Maitland, FL 32751 (407) 622 -1772 Est. 104 ahandu Florida Bar No. 35859 LAW PRA CTICE & TEACHING EXPERIENCE Shepard, Smith & Cassady, P.A. Maitland, FL Associate Attorney, 2007 - Present. Litigation, real property, land use, and local government law. Assisted clients in all aspects of complex commercial litigation, assisted clients in commercial real estate closings, drafted development documents, dratted municipal ordinances, provided extensive advice to local governments regarding Florida growth management and charter revisions, provided advice to local governments regarding environmental issues, advised clients on "green" development issues, served as attorney for several HOA and condominium associations, prosecuted red light hearings. University of Florida, Frederic G. Levin College of Law Gainesville, FL Adjunct Professor of Florida Land Use Law, 2009 - Present. Instructor, 2008. Designed and taught upper level law course. Florida Land Use Law (LAW6930, Section 5457) is a "practitioner oriented" course addressing land use law specific to the State of Florida. The course curriculum focuses on the necessiq history, and implementation of growth management controls in Florida and addresses county and municipal authority to regulate, requirements mandated by Florida's Growth Management Act, comprehensive planning in Florida, zoning ordinances, creative land use controls, CRAB, CDDs, Florida takings law, and litigation relating to land use disputes. Federal Development, LLC Washington, DC Legal Associate, 2005. Reviewed and redrafted development agreements, legal and predevelopment work for a $150,000,000 - 300 acre project. University of Florida Gainesville, Fl- Teaching Assistant, 2002 -2003. Business Law 4310. Graded coursework, proctored exams, held office hours to assist students, created test questions. ADDITIONAL PROFESSIO WORK EXPERIENCE Holbrook Inc. Gainesville, FL Accountant, 2002 -2003. Generated custom income statements and managerial reports. Gainesville Police Department Gainesville, FL Crime Analysis Intern, 2002. Narcotics research / creation of narcotics intelligence tiles, intelligence research, analysis. PUBLISHED ARTICLES "Senate Bill 360 Essentials for Real Estate Professionals," University of Florida Friends and Alumni of Real Estate Quarterly Nelrsletter, (Fall 2009) "Funding Available to Central Florida Local Governments under the American Recovery and Reinvestment Act of 2009," SS &C, (March 2009) Page 1 of 2 "Amendment One Need Not Have a Chilling Effect on Local- Government "Green" Building Efforts in Florida," Quality Cities Waga=ine, (March /April 2008) "Local Government Authority to Remove Abandoned and Derelict Vessels," Wateni 2007) ays and Waterfronts, (January PRESE NTATIONS Presenter - ' Sky Legislation by Local Governments," University of Florida, Levin College of Law, Marine & Coastal Law (March 2010) Moderator & Panelist — 2009 Florida Browntields Conference. "Brownfields & Green Development," Florida Brow nfields Association (Scheduled, November 2009) Presenter - "An Overview of Florida's System of Growth Management," University of Florida, Levin College of Law ELULP Internship and Externship Orientation (May 2009) Presenter - "A Normative Analysis of Transferable Development Rights in Florida and their Role in Takings Analysis," University of Florida, Levin College of Law Conservation Clinic (April 2009) CERTIFICATIONS & AWARDS Planning Award for Town of Marineland Unified Land Development Code — Awarded by American Planning Association, Florida Chapter LEEDJ AP (Leadership in Energy and Environmental Design Accredited Professional) Florida Green Building Coalition Certifying Agent - Green Developments Standards Working Committee, - Green Local Governments Standards Working Committee EDUCATION University of Florida, Frederic G. Levin College of Law Gainesville, FL LL.M. in Environmental and Land Use Law, May 2009 University of Florida, Frederic G. Levin College of Law Gainesville, FL Juris Doctor (cum laude), December 2006 • Elected to Phi Kappa Phi Honor Society • Member Phi Delta Phi Cockrell Inn — Legal Honors & Service Fraternity University of Florida, Warrington College of Business Gainesville, FL Master of Science in Real Estate, May 2006 Recipient of Capstone Development Project Award University of Florida, Warrington College of Business Gainesville, FL B.S. Business Administration (cum laude), Major in Finance, May 2002 Minor in Economics, December 2001 Minor in Classical Studies, May 2002 Elected to Golden Key National Honor Society • Elected to Eta Sigma Phi - Classics Honor Society • Elected to National Society of Collegiate Scholars Page 2 of 2 ALTERNATE HEARING OFFICER SERVICES AGREEMENT THIS A E} v ,ATE HEARING OFFICER AGREEMENT ( "Agreement ") made this day of Cr'ob�i' , 2013, by and between the City of Ocoee, Florida, a Florida municipal corporation, whose address is 150 N. Lakeshore Drive, Ocoee, Florida 34761 hereinafter referred to as "CITY" and Andrew Hand, whose address is 2300 Maitland Center Parkway, Suite 100, Maitland, Florida 32751, hereinafter referred to as "ALTERNATE HEARING OFFICER ". NOW, THEREFORE, in consideration of the mutual promises herein contained, the parties agree as follows: Qualifications ALTERNATE HEARING OFFICER warrants that he is fully qualified to perform the duties of an Alternate Hearing Officer as provided in the City of Ocoee Code of Ordinances (the "Code ") and Chapter 316, Florida Statutes, and that ALTERNATE HEARING OFFICER is a member in good standing of the Florida Bar. 2. Scope of Services ALTERNATE HEARING OFFICER agrees to personally perform the duties of the hearing officer as provided in the Code and in Chapter 316, Florida Statutes, ALTERNATE HEARING OFFICER shall hear all matters assigned to him, unless a conflict of interest exists, and shall prepare and file with the Hearing Officer Clerk final or recommended orders, as appropriate to the matter assigned, which include findings of fact and conclusions of law. ALTERNATE HEARING OFFICER shall not delegate or assign his rights or obligations hereunder in whole or part. 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 ALTERNATE HEARING OFFICER. 4. Compensation ALTERNATE HEARING OFFICER shall be paid the greater of Five Hundred and no /100s Dollars ($500.00) per day or One Hundred and no /100s Dollars ($100.00) per hour for services performed by ALTERNATE HEARING OFFICER pursuant to this Agreement. In the event that all hearings scheduled for a particular date are cancelled, ALTERNATE HEARING OFFICER shall not be compensated for that date if he is notified at least 48 hours in advance. ALTERNATE HEARING OFFICER shall be paid for a minimum two (2) hours of time for a cancelled hearing in the event that less than 48 hours notice is given. Payment by CITY shall be in compliance with the Florida Prompt Payment Act, as amended from time to time. ALTERNATE HEARING OFFICER may perform legal work for other clients in his private practice so long as it does not conflict with ALTERNATE HEARING OFFICER'S obligations under this Agreement. ALTERNATE HEARING OFFICER shall promptly Page 1 of 5 notify CITY of any conflicts or other reason which ALTERNATE HEARING OFFICER feels would make it inappropriate for him to decide a case. Term and Termination This Agreement shall be in effect for one year from the date on which the last of the parties executes this Agreement, unless terminated earlier pursuant to the terms of this paragraph. CITY may terminate this Agreement at any time by providing ALTERNATE HEARING OFFICER written notice of termination. ALTERNATE HEARING OFFICER may terminate this Agreement at any time by providing CITY written notice of his intent to terminate not less than thirty (30) days prior to the actual date of termination. Unless otherwise directed by CITY, ALTERNATE HEARING OFFICER shall, prior to the termination date, complete all of his duties including, but not limited to, filing written orders, in any case heard by ALTERNATE HEARING OFFICER. Independent Contractor CITY and ALTERNATE HEARING OFFICER intend that the relationship between them shall be that ALTERNATE HEARING OFFICER is an independent contractor. No agent, employee, or servant of the ALTERNATE HEARING OFFICER shall be or shall be deemed to be an agent, employee, or servant of 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 from CITY to ALTERNATE HEARING OFFICER or employees, agents, or servants of ALTERNATE HEARING OFFICER. 7. Audit CITY at its discretion may audit or inspect ALTERNATE HEARING OFFICER'S books, financial records, ledgers, time sheets, and other records relating to services under this Agreement for a period of three (3) years after the termination of this Agreement. All records, books, and accounts related to the performance of this Agreement shall be subject to the applicable provisions of the Florida Public Records Act, Chapter 119, Florida Statutes, Indemnification ALTERNATE HEARING OFFICER shall be solely and entirely responsible for his tortious acts and for the tortious acts of his agents, employees, or servants during the performance of this Agreement. ALTERNATE HEARING OFFICER agrees to indemnify, defend, and hold harmless CITY, its elected officials, agents, employees, and officers from and against all liabilities, claims, demands, and actions at law and equity including court costs and attorney's fees that may hereafter at any time brought by anyone for the purpose of enforcing a claim on account of any injury or damage allegedly caused or occurring to any person or property, in whole or in part, by any tortiuous, wrongful, or intentional acts or omissions of ALTERNATE HEARING OFFICER, his agents or employees during the term of this agreement. Nothing contained in this Agreement shall be considered or deemed a waiver of CITY'S sovereign immunity protections as provided in Section 768.28, Florida Statutes, Page 2 of 5 as may be amended from time to time or as a waiver of any other defense or immunities to lawsuits. Entire Agreement This Agreement supersedes any prior agreements between the parties and is the sole basis for agreement between the parties. No addition to or alteration of the terms of this Agreement whether by written or verbal understanding of the parties, their elected officials, officers, agents, or employees shall be valid unless made in the form of a written amendment to this agreement and formally approved by the parties. 10. Notices Any notices required or allowed to be delivered shall be in writing and be deemed to be delivered (whether or not actually received) (i) when hand delivered to the official hereinafter designated, or (ii) the next business day after being sent by nationally recognized overnight delivery service for next business day delivery, all addressed to the party at the address set forth opposite the party's name below, or at such address as the party shall have specified by written notice to the other party delivered in accordance herewith. ALTERNATE HEARING OFFICER: Andrew Hand c/o Shepard, Smith and Cassady, P.A. 2300 Maitland Center Parkway, Suite 100 Maitland, Florida 32751 CITY: City of Ocoee Attn: City Manager 150 North Lakeshore Drive Ocoee, FL 34761 407 - 905 -3100 11. Governing Law and Venue The validity of this Agreement and any of its terms or provisions, as well as the rights and duties of the parties hereunder, shall be governed by the laws of the State of Florida. Any action involving matters or disputes arising out of or relating to this Agreement shall be brought in Orange County, Florida. 12. Entire Agreement, Representation and Prior Agreements There are no representations, warranties or covenants other than those set forth in this Agreement, which sets forth the entire understanding between the CITY and ALTERNATE HEARING OFFICER, and supersedes any previous arrangements or agreement, whether written or oral, between them. 13. No Waiver No waiver 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. Page 3 of 5 14. Amendments No modification, amendment, or alteration in the terms or conditions contained herein shall be binding upon the parties hereto unless in writing and executed by all the Parties to this Agreement. 15. Counterparts This Agreement may be signed in counterparts, each of which may be deemed an original, and all of which together constitute one and the same agreement. 16. Severability If any provision of this Agreement is declared invalid or unenforceable by a court of competent jurisdiction, the invalid or unenforceable provision will be stricken from the Agreement, and the balance of the Agreement will remain in full force and effect as long as doing so would not affect the overall purpose or intent of the Agreement. (Signatures on following page) Page 4 of 5 IN WITNESS WHEREOF, the parties hereto have accepted, made and executed this Agreement upon the terms and conditions above stated on the day and year first above written. WITNESS: ALTERNAT p HEARIN, OFFICER: r Andrew Hand Print Name: :S <, �. �� _e.CL Print Name. / ATTEST: Beth Eikenberry, City Clerk (SEAL) FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA; APPROVED AS TO FORM AND LEGALITY this _ day of , 2013. SHUFFIELD, LOWMAN & WILSON, P.A. Scott A. Cookson, City Attorney CITY: CITY OF OCOEE, FLORIDA S. Scott Vandergrift, Mayor APPROVED BY THE OCOEE CITY COMMISSION ON UNDER AGENDA ITEM NO. Page 5 of 5