HEARING OFFICER SERVICES AGREEMENTHEARING OFFICER SERVICES AGREEMENT
THIS AGREEMENT is made on the _517 day of kg_a_tit , 2013, by and
between the CITY OF CLEARWATER, FLORIDA, P.O. Box 4748, Clearwater, Florida
33758-4748 (the "City") and NANCY B. MAG, ESQ., 304 Old Mill Pond Rd., Palm Harbor,
FL 34683 ("Attorney").
WITNESSETH:
WHEREAS, the City wishes to retain Attorney to provide Local Hearing Officer
Services to the City of Clearwater for the purpose of conducting hearings pursuant to
Section 316.0083, Florida Statutes.
NOW, THEREFORE, in consideration of the promises and mutuai covenants
herein contained, the parties hereto do hereby agree as follows:
SECTION 1. AUTHORIZATION TO PROCEED AS HEARING OFFICER.
Attorney is hereby authorized to provide Local Hearing Officer services as described in
and for the professional fees described in this Agreement.
SECTION 2. SCOPE OF SERVICES. Attorney accepts designation by the CITY
as the "local hearing officer" ("Hearing Officer") for the purpose of conducting hearings
pursuant to Section 316.0083, Florida Statutes.
(1) All hearings conducted by Hearing Officer shall be held in the Clearwater
City Council chambers, located on the 3rd floor of City Hall, 112 S. Osceola
Avenue, Clearwater, FL 33756, or at such other location designated by the
City.
(2) The hearings shall be held at least monthly on the of each
month at p.m. unless number of cases requires more frequent
hearings or unless the hearings are rescheduled upon the mutual
agreement of the parties.
(3) The City Clerk shall be the clerk for the Hearing Officer and shall be
responsible for scheduling all hearings, sending all notices, attending all
hearings, and for all of the costs associated with completing the clerk's
duties.
(4) At the hearing, Hearing Officer shall take testimony from a traffic infraction
enforcement officer employed by the CITY and from the person requesting
the hearing (hereinafter "petitioner"), and may take testimony from others.
All testimony at the hearing will be under oath and will be recorded at the
CITY'S expense. Hearing Officer shall review the photographic or
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electronic images and the streaming video made available under Section
316.0083, Florida Statutes. Formal rules of evidence do not apply, but
Hearing Officer shall ensure that due process is observed and governs the
proceedings.
(5) At the conclusion of the hearing, Hearing Officer shall determine whether
a violation under Section 316.0083(1)(a), Florida Statutes, has occurred;
in which case, Hearing Officer shall uphold or dismiss the violation. If
Hearing Officer upholds the notice of violation, Hearing Officer shall
require the petitioner to pay the penalty assessed pursuant to Section
316.0083, Florida Statutes, and may also require the petitioner to pay
CITY costs, not to exceed $250. The CITY Clerk will prepare the final
administrative order for Hearing Officer containing the Hearing Officer's
determinations. Hearing Officer will sign the final administrative order
within 48 hours from the date of the hearing.
SECTION 3. TERM. This Agreement will be effective January 1, 2014 and will
continue until terminated in accordance with Section 9 herein.
SECTION 4. PROFESSIONAL FEES FOR SERVICES. The City and Attorney
agree to a rate of $150.00 per hour for local Hearing Officer services, with a guaranteed
minimum of two hours per hearing session. Hearing Officer may not bill for travel time and
any time over two (2) hours shall be billed in .10 hour (one tenth of one hour) increments.
Hearing Officer may bill City in increments of .10 hour for reasonable legal or
administrative duties attendant to the Red Light Hearing Program.
SECTION 5. CONFLICT OF INTEREST. It is understood by the City and Attorney
that Attorney is not aware of any clients of the Attorney that currently present any conflict
between the interests of the City and other clients of Attomey. If any potential conflict of
interest arises during the time Attorney is acting as Hearing Officer, Attorney will promptly
inform the City. The City is under no obligation to agree to permit the conflict
representation.
SECTION 6. INDEPENDENT CONTRACTOR. Attorney agrees that Attorney
and any persons employed by Attorney for purposes related to this agreement are not
employees of the City for any purpose whatsoever, including unemployment tax, social
security contributions, income tax withholding or workers compensation, whether state
or federal. Attorney agrees to pay and be solely responsible for all applicable taxes,
both state and federal, in connection with this agreement.
SECTION 7. DUAL OFFICE - HOLDING PROHIBITED. It is understood by the City
and Attorney that Attorney may not act as a Local Hearing Officer for any other
municipality while this agreement is in effect.
SECTION 8. CONSTRUCTION AND AMENDMENTS. This Agreement shall be
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governed by and construed in accordance with the laws of the State of Florida. This
Agreement may be amended only by a writing duly entered into by the City and Hearing
Officer.
SECTION 9. CANCELLATION OF AGREEMENT. The City may cancel or
terminate this Agreement upon ten days advance written notice to Hearing Officer. In the
event of cancellation, Hearing Officer shall immediately cease work hereunder and shall
be reimbursed for eligible and documented reimbursable expenses incurred prior to the
date of cancellation. Hearing Officer may cancel this Agreement by giving 30 days written
notice to the city.
IN WITNESS WHEREOF, the City and Attorney have executed this Agreement as
of the date first written above.
Approved as to form:
Pamela K. Akin
City Attorney
THE CITY OF CLEARWATER
By: —c e4 (e crC thf
George N. Cretekos
Mayor
Attest:
kit
Rosemarie CaII
City Clerk
Attest: NANCY MAG, ESQ.
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