SPECIAL MAGISTRATE SERVICES AGREEMENTSPECIAL MAGISTRATE SERVICES AGREEMENT
THIS AGREEMENT is made on the - day of J ? 2020, by and between
the CITY OF CLEARWATER, FLORIDA, P.O. Box 4748,IC earwater, 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 Special Magistrate
Services to the City of Clearwater for the purpose of conducting hearings pursuant to §
162.07, Florida Statutes and Sects. 7-102 and 7-103(H)(2), Clearwater Community
Development Code.
NOW, THEREFORE, in consideration of the promises and mutual covenants
herein contained, the parties hereto do hereby agree as follows:
SECTION 1. AUTHORIZATION TO PROCEED AS SPECIAL MAGISTRATE.
Attorney is hereby authorized to provide Special Magistrate 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 "special magistrate" ("Special Magistrate") for the purpose of conducting hearings
pursuant to § 162.07, Florida Statutes and Sects. 7-102 and 7-103(H)(2), Clearwater
Community Development Code.
(1) All hearings conducted by Special Magistrate shall be held in the
Clearwater City Council chambers, located on the 1st floor of the
Clearwater Main Library, 100 N. Osceola Avenue, Clearwater, FL 33755,
or at such other location designated by the City.
(2) The hearings shall be held monthly on the second Tuesday of each month
at 1:30 p.m. unless the hearings are rescheduled upon the mutual
agreement of the parties.
(3) The City Clerk shall be the clerk for the Special Magistrate 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, the Special Magistrate shall take testimony from a code
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. Formal rules of evidence do not apply, but the Special
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Magistrate shall ensure that due process is observed and governs the
proceedings.
(5) At the conclusion of the hearing, the Special Magistrate shall determine
whether a violation under the CITY'S code has occurred; in which case,
the Special Magistrate shall uphold or dismiss the violation. If the Special
Magistrate upholds the violation, the Special Magistrate shall require the
petitioner to pay the penalty assessed by the CITY and may also require
the petitioner to pay CITY costs. The Special ' Magistrate may also
exercise any powers authorized under Part I, Chapter 162, Florida
Statutes and Sections 5-406, 7-102, and 7-103, Clearwater Community
Development Code. The CITY Clerk will prepare the final administrative
order for the Special Magistrate containing the Special Magistrate's
determinations. The Special Magistrate will sign the final administrative
order within 48 hours from the date of the hearing.
SECTION 3. TERM. This Agreement will be effective September 1, 2020 and will
continue until terminated in accordance with Section 9 herein.
SECTION 4. RETAINER FEE. The City and Attorney agree to a flat rate retainer
of $500.00 per month for any month where hearings are held.
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 Attorney. If any potential conflict of
interest arises during the time Attorney is acting as the Special Magistrate, Attorney will
promptly inform the City. The City is under no obligation to agree to permit the conflict
representation.
SECTION 6. INDEPENDENT CONTRACTOR; PUBLIC RECORDS LAW.
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.
In addition to all other contract requirements as provided by law, the contractor executing
this agreement agrees to comply with public records law.
IF THE CONTRACTOR HAS QUEST1t)NS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE
CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING
TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC
RECORDS AT: 727-562-4092, Rosemarie.Call iim_yclearwater.com, 600
Cleveland Street, Suite 600 Clearwater, FL 33755.
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The contractor's agreement to comply with public records law applies specifically to:
a) Keep and maintain public records required by the City of Clearwater (hereinafter
"public agency") to perform the service being provided by the contractor
hereunder.
b) Upon request from the public agency's custodian of public records, provide the
public agency 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 for in Chapter 119, Florida Statutes, as may be amended from time
to time, or as otherwise provided by law.
c) Ensure that the public records that are exempt or confidential and exempt from
public records disclosure requirements are not disclosed except as authorized by
law for the duration of the contract term and following completion of the contract
if the contractor does not transfer the records to the public agency.
d) Upon completion of the contract, transfer, at no cost, to. the public agency all
public records in possession of the contractor or keep and maintain public
records required by the public agency to perform the service. If the contractor
transfers all public records to the public agency upon completion of the contract,
the contractor shall destroy any duplicate public records that are exempt or
confidential and exempt from public records disclosure requirements. If the
contractor keeps and maintains public records upon completion of the contract,
the contractor shall meet all applicable requirements for retaining public records.
All records stored electronically must be provided to the public agency, upon
request from the public agency's custodian of public records, in a format that is
compatible with the information technology systems of the public agency.
e) A request to inspect or copy public records relating to a public agency's contract
for services must be made directly to the public agency. If the public agency does
not possess the requested records, the public agency shall immediately notify the
contractor of the request and the contractor must provide the records to the
public agency or allow the records to be inspected or copied within a reasonable
time.
f) The contractor hereby acknowledges and agrees that if the contractor does not
comply with the public agency's request for records, the public agency shall
enforce the contract provisions in accordance with the contract.
A contractor who fails to provide the public records to the public agencv within a
reasonable time may be subiect to penalties under Section 119.10, Florida
Statutes.
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h) If a civil action is filed against a contractor to compel production of public records
relating to a public agency's contract for services, the court shall assess and
award against the contractor the reasonable costs of enforcement, including
reasonable attorney fees, if:
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1. The court determines that the contractor unlawfully refused to comply
with the public records request within a reasonable time; and
2. At least 8 business days before filing the action, the plaintiff provided
written notice of the public records request, including a statement that the
contractor has not complied with the request, to the public agency and to the
contractor.
i) A notice complies with subparagraph (h)2. if it is sent to the public agency's
custodian of public records and to the contractor at the contractor's address listed
on its contract with the public agency or to the contractor's registered agent. Such
notices must be sent by common carrier delivery service or by registered, Global
Express Guaranteed, or certified mail, with postage or shipping paid by the sender
and with evidence of delivery, which may be in an electronic format.
A contractor who complies with a public records request within 8 business days
after the notice is sent is not liable for the reasonable costs of enforcement.
SECTION 7. DUAL OFFICE -HOLDING PROHIBITED. It is understood by the City
and Attorney that Attorney may not act as a Special Magistrate for any other municipality
or county while this agreement is in effect.
SECTION 8. CONSTRUCTION AND AMENDMENTS. This Agreement shall be
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 the
Special Magistrate.
SECTION 9. CANCELLATION OF AGREEMENT. The City may cancel or
terminate this Agreement upon ten days advance written notice to the Special Magistrate.
In the event of cancellation, the Special Magistrate shall immediately cease work
hereunder and shall be reimbursed for eligible and documented reimbursable expenses
incurred prior to the date of cancellation. The Special Magistrate 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.
THE CITY 0 CLEARWATER
By'
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ank V. Hibbard
Mayor
Approved as to form:
FOP, Rarfiela K. Akin
City Attorney
Attest:
Attest:
Rosemarie CaII
City Clerk
NANCY MAG, ESQ.
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