Item #08 Code Enforcement Special Magistrate Agreement Extension 1 J
Ocoee
florida
AGENDA ITEM COVER SHEET
Meeting Date: September 19, 2017
Item # 9
Reviewed By: 1,44k,Contact Name: Doug Gaines Department Director:
Contact Number: 407-905-3100 ext 1503 City Manager:
Subject: Code Enforcement Special Magistrate Agreement Extension
Background Summary
At the February 7, 2017 meeting, the City Commission designated a Special Magistrate to hear code
enforcement cases. The Special Magistrate is Mr. Andrew Hand with Shepard, Smith & Cassady, P.A. At this
time Mr. Hand agreed to amend his existing agreement with the City so that he could serve as the City's
Special Magistrate for code enforcement matters at the rate of$180.00 per hour until September 30, 2017. This
date is rapidly approaching, so we would like to extend this timeframe.
Issue:
Should the Honorable Mayor and City Commissioners continue Mr. Hand's agreement as a Special Magistrate
to hear code enforcement cases? After contacting Mr. Hand, he is willing to extend the agreement.
Recommendations:
Staff respectfully requests the Honorable Mayor and City Commissioners to extend the agreement date until
October 1, 2019. Mr. Hand's contract for the Red Light Hearing Officer is good until this date.
Attachments:
Current Amendment to Hearing Officer Services Agreement.
Financial Impact:
This is a budgeted item.
Type of Item: (please mark with an '5c'0
Public Hearing For Clerk's Dept Use:
Ordinance First Reading X Consent Agenda
Ordinance Second Reading Public Hearing
Resolution Regular Agenda
X Commission Approval
X Discussion&Direction
Original Document/Contract Attached for Execution by City Clerk
Original Document/Contract Held by Department for Execution
Reviewed by City Attorney N/A
Reviewed by Finance Dept. C N/A
Reviewed by 0 N/A
•
AMENDMENT TO
HEARING OFFICER SERVICES
AGREEMENT
THIS AMENDMENT TO HEARING OFFICER SERVICES AGREEMENT("Amendment") is
entered into on the 7 day of February,2017, by and between the CITY OF OCOEE,a Florida municipal
corporation, whose address is 150 N. Lakeshore Drive, Ocoee, Florida 34761 ("Ocoee"), and Shepard,
Smith & Cassady, P.A., a Florida corporation, whose address is 2300 Maitland Center Parkway Suite
100,Maitland,Florida 32751,attention Andrew Hand("Hearing Officer").
RECITALS
A. Whereas, Ocoee and Hearing Officer entered into a HEARING OFFICER SERVICES
AGREEMENT(the"Agreement"),dated October 7,2014,for hearing officer services relating to
Chapter 316,Florida Statutes,and the City of Ocoee Code relating to this law;and
B. Whereas, on January 17, 2017, the City of Ocoee City Commission adopted an ordinance
establishing a Special Magistrate for Code Enforcement matters;and
C. Whereas,Ocoee and Hearing Officer desire to amend the Agreement to allow Hearing Officer to
perform the duties of Special Magistrate for Code Enforcement matters 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. Section 2 of the Agreement is hereby amended to read as follows:
Scope of Services.
A. Hearing Officer for Red Light Camera Infractions. HEARING OFFICER agrees to
personally perform the duties of the hearing officer as provided in the Code and Chapter 316, Florida
Statutes.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. HEARING OFFICER shall
not delegate or assign his rights or obligations hereunder in whole or in part.
B. Special Magistrate for Code Enforcement Matters. HEARING OFFICER agrees to '.
personally perform the duties of Special Magistrate for Code Enforcement matters as provided in the
Code and Chapter 162, Florida Statutes. HEARING OFFICER shall hear all matters assigned to him,
unless a conflict of interest exists, and shall prepare and file with the Code Enforcement Clerk final or
recommended orders, as appropriate to the matter assigned, which include findings of fact and
conclusions of law. HEARING OFFICER shall not delegate or assign his rights or obligations hereunder
in whole or in part
Page 1 of 2
•
2. Section 4 of the Agreement is hereby amended to read as follows:
A. Hearing Officer for Red Light Camera Infractions. 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 HEARING OFFICER for red light camera infractions
pursuant to the terms of the Agreement.
B. Special Magistrate for Code Enforcement Matters. HEARING OFFICER shall be paid
One Hundred Eighty and no/100s Dollars ($180.00) per hour for services performed by HEARING
OFFICER as Special Magistrate for Code Enforcement matters.
C. In the event that all hearings scheduled for a particular date are cancelled, HEARING
OFFICER shall not be compensated for that date if he is notified at least 48 hours in advance.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.
D. HEARING OFFICER may perform legal work for other clients in his private practice so
long as it does not conflict with HEARING OFFICER'S obligations under the Agreement or this •
Amendment.HEARING OFFICER shall promptly notify the CITY of any conflicts or other reason which
HEARING OFFICER feels would make it inappropriate for him to decide a case.
3. All of the terms, covenants, conditions and provisions of the Agreement hereby remain
in full force and effect,except as modified by this Amendment.
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.
SHEPARD,SMITH,&CASSADY,P.A. CITY OF OCOEE
By: I drew .and By: Robert Frank
Title: Title: Ci Mana_er
Signature: ' Signature: //I!A
Date: .-212.16 Date: Z�
Page 2of2
}
at
AMENDMENT TO
HEARING OFFICER SERVICES
AGREEMENT
Signature Page
CITY OF OCOEE
111
By: 1,14 �,
Rusty Jo 04 Mayor
ATTE :
jtjit*.
Melanie Sibbitt, City Clerk
(SEAL)
APPROVED BY THE CITY OF OCOEE
COMMISSION IN A MEETING HELD ON
5-anuer y /7 , 2017
UNDER AGENDA ITEM NO. /O
FOR USE AND RELIANCE ONLY BY
THE CITY OF OCOEE, FLORIDA;
APPROVED AS TO FORM AND
LEGALITY this 'qday of
h• p/,f , 20n.
SHUFFIELD, LOWMAN & WILSON, P.A.
By: . .�
C Atto