LEGAL SERVICES AGREEMENT (89)Agreement between the City of Clearwater, Florida
and the Law Office of Daniel Lauber
This agreement is made and entered into as of - r ./ / g 2023 by and between
the Law Office of Daniel Lauber, organized and existing under tKe laws of the State of Illinois,
with its office at 7215 Oak Avenue, River Forest, IL, 60305-1935, and the City of Clearwater, a
political subdivision of the State of Florida, with its principal office at 600 Cleveland Street, Suite
600, Clearwater, Florida 33755.
WITNESSETH:
Whereas, the Law Office of Daniel Lauber has offered to provide the materials and/or services
and to be bound by the terms and conditions of the Law Office of Daniel Lauber's proposal
dated February 23, 2023 attached to this agreement and incorporated into this agreement as
Exhibit "A"; and
Whereas, the Law Office of Daniel Lauber has submitted a written proposal dated February 23,
2023, hereinafter referred to as the "Law Office of Daniel Lauber's Proposal", the terms of
which are incorporated into this agreement by reference as if fully set forth in this agreement;
and
Whereas, the City of Clearwater desires to procure from the Law Office of Daniel Lauber those
services specified in Exhibit "A" for the City of Clearwater, in accord with the terms and
conditions of this agreement.
In consideration of the mutual covenants and agreements contained herein, the parties agree
as follows:
1. The Law Office of Daniel Lauber agrees to provide the materials and/or services pursuant
to the attached Law Office of Daniel Lauber's Proposal and incorporated into this
agreement as Exhibit "A" and to be bound by the terms and conditions of the attached
Law Office of Daniel Lauber's Proposal incorporated into this agreement as Exhibit "A."
2. The City of Clearwater agrees to abide by and to be bound by the terms of the attached
Law Office of Daniel Lauber's Proposal incorporated into this agreement as Exhibit "A."
3. The City of Clearwater agrees to make monthly payments in accord with the attached Law
Office of Daniel Lauber's Proposal which is incorporated into this agreement as Exhibit
"A.
4. This agreement and its attachment, Exhibit "A", constitute the entire agreement between
the two parties. Its provisions may be amended only in writing (including emails) after
formal approval by both parties.
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5. Both parties recognize that the time frames in Exhibit "A" are estimates and that time
(and therefore expense) may be shifted from one phase to the other phase at the
discretion of the Law Office of Daniel Lauber.
6. This agreement will begin on the date executed by all parties or May 1, 2023, whichever
comes later.
7. The City of Clearwater's City Manager is authorized to extend or terminate this
Agreement on behalf of the City of Clearwater. This agreement shall be in effect one year
from the date of execution or May 1, 2023, whichever comes later, and may be extended
in writing by the City of Clearwater's City Manager for additional one-year terms.
8. The Law Office of Daniel Lauber may terminate this agreement, in whole or in part, upon
30 days written notice to the City of Clearwater in the event of substantial failure by the
City to perform in accordance with the terms of this agreement through no fault of the
Law Office of Daniel Lauber.
9. The City of Clearwater may terminate with cause this agreement in whole or in part upon
ten business days written notice to the Law Office of Daniel Lauber, or without cause
upon 30 business days written notice to the Law Office of Daniel Lauber. Unless the Law
Office of Daniel Lauber is in breach of this agreement, the City of Clearwater shall pay the
Law Office of Daniel Lauber for services rendered through the date of termination.
10. The Law Office of Daniel Lauber shall not be considered in default by reason of any
failure in performance when such failure arises out of causes reasonably beyond the
control of the Law Office of Daniel Lauber and without its fault or negligence. Such causes
include, but are not limited to: acts of God; force majeure; natural or public health
emergencies; labor disputes; freight embargoes; any medical conditions of the personnel
of the Law Office of Daniel Lauber; and abnormally severe and unusual weather
conditions.
11. In addition to any other contractual indemnification provisions in Exhibit "A" in favor of
the City of Clearwater and subject to the limitations of 768.28, Florida Statutes, each
party shall be responsible for any negligent acts or omissions of their respective
employees, agents, officers, or contractors in performance of this agreement. Nothing
herein shall be construed as consent by the City of Clearwater to be sued by third parties,
or as a waiver or modification of the provisions of Section 768.28, Florida Statutes or the
Doctrine of Sovereign Immunity.
12. This Agreement shall be governed by and construed in accordance with the laws of the
State of Florida, without regard to its conflict of laws or principles The parties hereto
agree that claims and disputes arising out of this Agreement must be decided exclusively
in a federal or state court of competent jurisdiction located in Florida.
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In wi ess whereof, the parties to this agreement have made and executed this agreement
on 4,p/-)* I i8 .2023.
By:
Name: Jennifer Poirrier
Title: City Manager
Date: tilI��f '�1j
1
City of Clearwater, Florida
2023
7(YlaVaIl,CityC,erk
Law Office of
Daniel Lauber
By: 1�)c <-rr�%(�-
Name: Daniel Lauber
Title: Attorney/Planner
Date: Februa 24 2023
Attest:
Notary pu • Iic
Approved as to form and le
Matthew J. Mytych, Esq.,
Assistant City Attorney
Date: kr;
2023
tan' ruilalic's nfficiaLcnal
CRUZ A BARRAZA
Official Seat
Notary Public - State of Illinois
My Commission Expires Dec 2, 2025
Date: February 24, 2023
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Exhibit A
Law Office of Daniel Lauber
7215 Oak Auenuz ? River Forest, Illinois 60305 ® 700/366-5200 Fax: 700/366-5260
Email: dan@lauber.laiv http://muJuw.grouphomzs.lau)
PRQPOSAL
Date: February 23, 2023
To: Matthew Mytych, Assistant City Attorney, City of Clearwater, Florida
From: Daniel Lauber, AIcP, Attorney/Planner
Subject: Proposal to conduct study and draft amendments to the City of Clearwater Community
Development Code to provide for community residences for people with disabilities and
recovery communities in accord with the nation's Fair Housing Act
PrQPQsal ts) Conduct Study and Proft
Amendments tQ the City of Clearwater
CP pveloament Code
Pursuant to our conversations and in response to your initial inquiry, this proposal describes the
scope of legal consulting services and "not to exceed cost" that the Law Office of Daniel Lauber
proposes to provide to the City of Clearwater, Florida to assist it in amending the provisions in its
Community Development Code that regulate community residences for people with disabilities and
recovery communities.
The time and cost estimates are based on our experience with other jurisdictions which has given
us a good idea of how much time we would need to devote to each phase of this project.
The project is divided into two phases solely to outline the major activities involved in the study
and the drafting of amendments to the Community Development Code. Please note that activities
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Exhibit A
conducted at the end of Phase 1 often necessarily blend into activities listed under Phase 2 — the
distinct phases exist primarily for organizational purposes and are not mutually exclusive.
Scope of Project
Ultimately, the goal of this project is to produce amendments to the City of
Clearwater's Community Development Code and implementation tools that provide
for community residences for people with disabilities and recovery communities in
accord with sound zoning and planning principles and the nation's Fair Housing Act,
42 U.S.C. §3604(f)(1) (1988). Per your request, this project does not include zoning
for other congregate living arrangements. However, the city may decide at a later
date to include zoning revisions for congregate living arrangements in Phase 2.
Phase 1 involves conducting a detailed study that will produce a factual and analytical
framework upon which to base the zoning approach that provides the reasonable
accommodation that the Fair Housing Act requires for housing for people with
disabilities. Any recommendations to amend the city's Community Development
Code to provide the reasonable accommodation the Fair Housing Act requires will be
rationally based upon the findings of this proposed study. The study itself will focus
on zoning for community residences for people with disabilities and for recovery
communities for people recovering from substance use disorder, both of which fall
under the aegis of the Fair Housing Act.
Phase 2 involves drafting the actual amendments to the Community Development
Code as well as additional supplemental material to facilitate implementation of the
amendments. Per your instructions, these amendments will cover only community
residences for people with disabilities and recovery communities unless the city
decides at a later date it wishes to include them in the zoning amendments.
Phase 1
Responsibilities of the Law Office of Daniel Lauber in Phase 1 under the scope of this project will
encompass:
1. Study. We will produce an expert report on the factors, as applied to the City of
Clearwater, that go into producing amendments to the city's Community Development
Code that make the reasonable accommodation the Fair Housing Act requires for
community residences for people with disabilities and for recovery communities. These
land uses include the group homes licensed by the State of Florida as well as sober living
homes and recovery communities for which certification is available, but not mandatory
as of this writing.
The study will identify regulatory needs and approaches within the context of
sound planning and zoning practices and principles as well as national fair
housing law and the state statutory requirements that comply with the Fair
Housing Act. The study may include maps showing where community residences
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Exhibit A
for people with disabilities and recovery communities are currently known to be
located in Clearwater. Even if maps are not published in the study, the City of
Clearwater will need to produce them for analysis as described below in the
city's responsibilities.
The study, as proposed here, will focus on the basis for regulating congregate
housing types for people with disabilities covered under the nation's Fair
Housing Act, namely community residences (group homes, sober living homes,
halfway houses small enough to emulate a family, assisted living facilities small
enough to emulate a family) and recovery communities for people with
substance use disorder. The zoning amendments in Phase 2 will also cover just
these uses although the city may wish to incorporate some zoning revisions for
congregate living facilities.
This study will provide the basis and framework for amendments to the city's
Community Development Code for community residences for people with
disabilities and for recovery communities. The study will articulate the
justifications for the zoning approaches it recommends. Consequently, it will be
quite thorough, a bit technical, and heavily footnoted — although written in as
reader—friendly manner as possible. During the past few years, these studies
have ranged in size from 50 to 90 pages.
2. FAQs. The study's key findings and the recommended regulatory approach will be
spelled out in plain English in a conversational set of Frequently Asked Questions (FAQs)
suitable for posting on the city's website and for distribution to local officials and the
public. We have found that residents (as well as elected and appointed officials) rely
quite a bit on the FAQs and then refer to the study when they want to take a deeper dive
into the basis for the zoning provisions. (In the Sailboat Bend v. Fort Lauderdale litigation,
the district court and 11th Circuit Court of Appeals, of course, relied on the study, not the
FAQs.) These FAQs tend to run about a dozen pages and include flow charts to illustrate
the recommended zoning regulations for community residences for people with
disabilities and for recovery communities would work and be applied. If needed, we will
revise the FAQs to reflect any details that are changed when the actual zoning
amendments are drafted.
3. Educational Briefings. We have found it to be highly effective to educate the City Council
and Community Development Board on the basis of the forthcoming zoning
amendments and outline the regulatory approach the study recommends before
amendments to the Community Development Code are drafted. Not only does this help
better inform the members of these two bodies early in the process, but it also enables
us to get feedback that will help us craft zoning provisions in compliance with the Fair
Housing Act in a manner more likely to attract legislative and public support.
Because the regulatory approach necessarily needs to be fact—based,
principled, and nuanced, Phase 1 will include, at the city's discretion, individual
briefings of the Mayor and each of the four councilmembers on the report's
findings and recommended regulatory approach. Each councilmember should be
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Exhibit A
issued the study and FAQs at least two weeks before the individual briefings
begin (subject to city staff recommendation). All these briefings — which include
a PowerPoint presentation designed not cure insomnia — typically take about an
hour including discussion.
A workshop with the Community Development Board at the end of Phase 1
might be worthwhile — obviously you and your colleagues will have a much
better idea of whether it would be prudent to conduct such a workshop at that
point in the process.
4. Media Relations. Cities with which we have worked have found it advantageous to have
us respond to any media inquiries regarding the study and proposed Community
Development Code amendments. At the city's discretion, we would be available to
undertake these duties in conjunction with city staff. Having been a columnist for the
Chicago Sun -Times and having appeared on 60 Minutes. Good Morning America, and
dozens of other television and radio news programs as well as having conducted
countless newspaper interviews, I have been pretty successful at securing favorable,
non-inflammatory news coverage of what can often be a controversial issue. This
approach proved particularly effective at calming the public and generating public and
recovery industry support for the proposed zoning amendments in Delray Beach, Florida,
once the nation's epicenter of the opioid epidemic, and in other jurisdictions such as
Palm Beach County where two neighborhood associations raised objections (largely to
zoning provisions that never were actually proposed).
The study and all drafts of the study will be provided in PDF format because we produce the
study in a desktop publishing program suitable for long structured documents. All other
documents, including the FAQs and ordinance drafts, will be produced in the latest version of
Microsoft Word 365.
Responsibilities of the City of Clearwater would be to collaborate and provide in a timely
manner the documents and data needed to accomplish the tasks specified above. These include,
in electronic form:
1. All state statutes (and if relevant, regulations) enacted after 2015 that affect local
zoning for community residences for people with disabilities (group homes, sober living
homes, halfway houses and assisted living facilities small enough to emulate a family)
and recovery communities. It is likely that we already have these in our possession, but
in case any new legislation comes along, the city is responsible to provide it.
2. A table of contents for the ordinance showing the structure of the city's current, fully
updated Community Development Code. We have already downloaded and reviewed
the code enough in order to produce this proposal but will certainly need staff input to
fully understand how the code works in real life.
3. Current relevant housing, building, and/or property maintenance code provisions that
Clearwater has adopted or follows, including but not limited to, provisions to prevent
overcrowding (specifically the formula that determines how many individuals may
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Exhibit A
occupy a dwelling unit, typically in terms of square feet of sleeping area required per
occupant of each sleeping area).
4. Information on the number and location of existing recovery communities and
community residences for people with disabilities within the city (and on the other
congregate living arrangements the city wishes to include) — to the extent that such
information is available. These include community residences and recovery
communities that the State of Florida licenses or certifies as well as those for which
state licensing or certification is not currently available.
As of this writing, the Florida Association of Recovery Residences reports
three certified sober homes or recovery communities in the City of Clearwater;
state sources show what could be as many as 20 community residences in the
city.
If there are enough known existing community residences and recovery
communities (and other congregate living facilities of the city's choosing) in
Clearwater, the city will produce in a timely manner and to the extent feasible,
two very legible sets of maps that meet our specifications and show the location
of existing confirmed and, at the city's discretion unconfirmed, community
residences and recovery communities — as well as other congregate living
arrangements, if any, the city wishes to include. One set of maps needs to show
lot lines to enable analysis to identify any existing clusters or concentrations
within Clearwater. The second set of maps, which is intended for publication in
the study, should exclude lot lines and minor streets, but still show the relative
location of these land uses. At this point in time, it is unknown whether it will be
appropriate to include maps in the study. But the maps will be needed for
analysis.
5. Court decisions since 2016 forming the applicable case law in Florida and its federal
circuit and court decisions as well as any that involved Clearwater and any of its code
provisions or practices regarding community residences for people with disabilities or
recovery communities as well as congregate living arrangements of the city's choosing.
We already have the district court and 11th Circuit's decisions in Sailboard Bend Sober
Living et al v City of Fort Lauderdale.
6. The city staff's interpretation of the city's current zoning treatment of community
residences for people with disabilities and recovery communities and possibly of other
congregate living arrangements.
7. Any relevant forms, recordings and/or transcriptions of public hearings; and other
information, materials, and needed documentation available from the city.
We have found that it is not necessary to devote any funds for in—person appearances. All
meetings and briefings will be conducted remotely via the Internet.
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Exhibit A
Phase 1 Cost Proposal
My rate to cities is discounted to $400 per hour. Upon careful review of the current zoning
provisions and the issues involved, the "not to exceed cost" for Phase 1 is as follows:
Phase 1 Cost Not to Exceed: $14 ,000 (35 hours)
Proposed start date for Phase 1: May 1, 2023
Timeline to complete the study and FAQs: Eight to 12 weeks depending on promptness of all
involved. However, it usually takes four to six weeks longer. Add additional time after
completion of the study and FAQs for any briefings and/or any workshops (the length of
additional time depends on the city).
Payments: We will submit a detailed monthly invoice of time devoted to this project. The City
of Clearwater agrees to pay each invoice within 30 calendar days of receiving each invoice.
Phase 2
Phase 2 produces amendments to the Community Development Code to implement the
recommendations of the study. It requires close collaboration with the city staff and the city
attorney's office. Please be aware that the zoning and other code provisions must be very carefully
crafted to fall within the regulatory limits the nation's Fair Housing Act imposes. Language must be
carefully tailored and provisions are necessarily highly interrelated in a principled fashion. No
jurisdiction can simply copy another jurisdiction's zoning provisions.
Phase 2 will include:
1. To implement the recommendations of the Phase 1 study, we will closely collaborate
with the city attorney's office and the city's planning and zoning staff to draft an
ordinance that revises the city's Community Development Code to provide for
community residences for people with disabilities and for recovery communities. These
amendments will be written to comply with sound planning and zoning practices and
principles as well as the nation's Fair Housing Act and the legal provisions in Florida
state statutes that affect local zoning for different types of community residences for
people with disabilities. If needed, we will further refine the set of reader—friendly FAQs
from Phase 1 that summarize in plain English the key elements of the proposed
amendments.
It is vital that city officials understand that in order to be able to legally zone
for community residences for people with disabilities and for recovery
communities, a local jurisdiction's zoning code definition of "family" or
"household" must place a cap on the number of unrelated individuals that
constitutes a "family" and/or "single housekeeping unit." We will prepare an
inclusive definition of "family" in accord with this fundamental principle.
Because the usual standards for issuing a flexible use are not narrowly
tailored to the reasons a community residence or recovery community would
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Exhibit A
need a flexible use, it will be necessary to amend the code to establish a set of
narrowly -tailored standards solely for the four situations when a community
residence or recovery community does not meet the objective standards to be
allowed as a permitted use: (1) allowing a community residence or recovery
community to locate within the designated spacing distance, (2) allowing a
community residence for which no license or certification is available from or
required by the State of Florida, (3) allowing more than ten or 12 occupants in a
community residence, and (4) allowing a transitional community residence to
locate in single-family zoning districts.
We know from past experience that the city may wish to also incorporate into
the amendments some zoning revisions for congregate living facilities which we
should be able to do within budget in close collaboration with city staff.
The city's attorney will finalize the ordinances as to form in compliance with
Florida law.
2. The amendments to the Community Development Code will cover only recovery
communities and community residences for people with disabilities unless the parties
both agree to expand the scope of this agreement.
3. If needed, we will conduct individual one-on-one educational briefing sessions with the
Mayor and each member of the City Council.
4. Workshops. At the city's discretion, we will collaborate with city staff to conduct a
workshop for the Community Development Board and/or City Council. At its discretion,
the city may wish to conduct a workshop for the general public.
5. Public Hearings. We will provide expert testimony before the City Council and/or the
Community Development Board in support of the drafted zoning amendments. At its
discretion, the city may wish to conduct a workshop for the general public.
6. We will collaborate with the city staff to produce a zoning application form for
proposed community residences for people with disabilities and for recovery
communities and, at the city's discretion, other types of congregate living
arrangements.
7. In collaboration with the city's planning and zoning staff, we will produce guidance for
staff review of zoning applications to establish community residences for people with
disabilities and recovery communities.
8. We will produce written practical guidelines to evaluate applications for some of the
circumstances that would require review on a case—by—case basis via special use.
9. We will provide additional services at the city's discretion to achieve adoption of the
code amendments this project produces including media relations as described in Phase
1 of this proposal.
We have found that it is not necessary to devote any funds for in—person appearances. All
meetings, briefings, workshop presentations, and expert testimony will be delivered remotely via
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Exhibit A
the Internet. This process has been successful with other jurisdictions with which we have worked,
even before the global pandemic arrived.
The responsibilities of the City of Clearwater and city staff include:
1. Closely collaborating as needed on all aspects of Phase 2
2. Providing in a timely manner the documents and data needed to accomplish the tasks
specified above for the Law Office of Daniel Lauber
3. Understanding that the city needs to adopt a Community Development Code definition
of "family" that establishes a cap on the number of unrelated individuals that can
constitute a "family" and/or "single housekeeping unit"
4. Providing samples of amendments to the Community Development Code to illustrate the
form and format the city prefers to use for amendments
5. Scheduling and promotion of all meetings, workshops, and hearings.
The city attorney will need to finalize all proposed code amendments as to form in compliance
with Florida law.
It is anticipated that we will have quite a few virtual meetings with city staff during Phase 2.
Phase 2 Cost Proposal
Phase 2 Cost Not to Exceed: $22,000 (55 hours)
Timeline for completion for draft ordinance(s) and materials: It will likely take 11 to 15 weeks to
get the zoning amendments in shape for submission to the Community Development Board
(this includes time for collaboration with the city attorney and city staff, and for review — this
can be a time—consuming process). After that, the timeline depends on the city's procedures for
review by the Community Development Board and adoption by the City Council. You are the
best judge of how much time to allot for those final steps.
Again, no promises, but it is possible that this phase can be completed in fewer than 55 hours
especially if the city attorney's office closely collaborates on Phase 2 and there are no surprises.
Payments: We will submit a detailed monthly invoice of time devoted to this project. The City
of Clearwater agrees to pay each invoice within 30 calendar days of receiving each invoice.
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