SPECIAL MAGISTRATE SERVICES AGREEMENT (2)SPECIAL MAGISTRATE SERVICES AGREEMENT
• THIS AGREEMENT is made on the ti day ofU— , 2026, 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 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 Wednesday 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 May 7, 2026 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 $650.00 per session. The City and Attorney agree to an hourly
rate of $300.00 for any legal work required beyond the hearing session.
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. 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 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
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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 OF CLEARWAT
By:
Appr• ed as to form:
Bruce Rec
Mayor
Attest:
Jerrod pson
Senior � sistant City Attorney
Attest:
Rosemarie Call
City Clerk
NANCY MAG, ESQ.
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