HEARING OFFICER SERVICES AGREEMENT (2)HEARING OFFICER SERVICES AGREEMENT
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THIS AGREEMENT is made on the day of December, 2020 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 mutual 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 first floor of the Clearwater Main
Library, Meeting Rooms A and B, 100 N. Osceola Ave., Clearwater, Florida
33755, or at such other location designated by the City.
(2) The hearings shall be held monthly on the third Wednesday of each month
at 2:00 p.m. 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 electronic
images and the streaming video made available under Section 316.0083,
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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 petitionerto 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, 2021 and will
continue until terminated in accordance with Section 9 herein.
SECTION 4. PROFESSIONAL FEES FOR SERVICES. The City and Attorney
agree to a flat rate retainer of $500.00 per month.
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 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 thjs 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
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
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cancellation. Hearing Officer may
the city.
IN WITNESS WHEREOF,
of the date first written above.
Approved a to form:
Pamela K. Akin
City Attorney
Attest:
cancel this Agreement by giving 30 days written notice to
the City and Attorney have executed this Agreement as
41;
THE CITY OF CLEARWATER
By:
Attest:
h(M24-0/
Frank V. Hibbard
Mayor
Rosemarie Call
City Clerk
NANCY MAG, ESQ.
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