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Item R5 , BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: December 18, 2002 Division: County Attorney AGENDA ITEM WORDING: Approval of a resolution authorizing the appointment of and compensation for Thomas Wright, Richard Fowler, and Brandon DiMando as alternate Code Enforcement Special Masters and approval of the proposed contracts. ITEM BACKGROUND: The Code Enforcement Special Master has recused himself from hearing certain cases due to conflicts alleged by the parties' attorneys. As a result, it has become necessary to appoint at least one alternate Code Enforcement Special Master to hear the conflict cases. Three attorneys meeting the requirements of the Code Enforcement Special Master position as set forth in ~ 6.3-3(a) of the Code, have agreed to serve as alternate special masters. By approving more than one alternate at this time, future action of the Board would not be required should one of the alternates be unable to or unwilling to serve on a particular case. PREVIOUS RELEVANT BOCC ACTION: STAFF RECOMMENDATIONS: TOTAL COST: BUDGETED: Yes 0 No 0 APPROVED BY: County Attorney _ OMB/Purchasing 0 Risk Management 0 DIVISION DIRECTOR APPROVAL&-z: ~~ JA . HE RI K DOCUMENTATION: Included 0 To Follow 0 Not Required 0 AGENDA ITEM # ~ r . RESOLUTION NO. -2002 A RESOLUTION AUTHORIZING THE APPOINTMENT OF AL TERNA TE CODEENFORCEMENTSPEC~LMASTERSANDTHE COMPENSATION THEREFORE WHEREAS, the Board of County Commissioners has enacted Section 6.3-3(a) of the Monroe County Code which authorizes the use of special masters to hear code enforcement violations in lieu of the Code Enforcement Board; and WHEREAS, Section 6.3-3(a) authorizes the appointment of as many special masters as the Board determines are necessary; and WHEREAS, Section 6.3-3(a) requires that the Board establish the compensation of code enforcement special masters by resolution; and WHEREAS, it has become necessary to appoint additional special masters due to the recusal of the existing code enforcement special master on certain cases; and WHEREAS, the appointment of more than one alternate special master would eliminate the need for further Board action should a designated alternate be unable or unwilling to hear an assigned case; and WHEREAS, Thomas Wright, Richard Fowler, and Brandon DiMando have expressed a willingness to serve as alternate code enforcement special master NOW THEREFORE; BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, THAT 1. Thomas Wright, Richard Fowler, and Brandon DiMando are appointed alternate code enforcement special masters; 2. The County Administrator is directed to appoint one of the alternate code enforcement special masters to hear a particular case when informed by the Director of Code Enforcement that the code enforcement special master assigned to that particular case has recused himself or herself; 3. The compensation for an alternate code enforcement special master shall be set at $150.00 per hour, inclusive of travel time; and . 4. The selection of these three alternate code enforcement special masters shall not preclude the Board from appointing an additional alternate should a qualified attorney express a willingness to serve in this capacity and the Board deem it necessary to make such appointment. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida at a regular meeting held on the _ day of , AD., 2002. Mayor Dixie Spehar Mayor Pro Tem Murray Nelson Commissioner Charles "Sonny" McCoy Commissioner George Neugent Commissioner David Rice BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA BY: Mayor Dixie Spehar ATTEST: DANNY KOHLAGE, CLERK DEPUTY CLERK APPROVED AS TO FORM BY ;(~'Y ;) SATTO yo OffiCE DATE I - - Od-. PROFESSIONAL SERVICES CONTRACT THIS CONTRACT is made and entered into by and between Monroe County, a political subdivision of the State of Florida, hereafter COUNTY, whose address is Gato Building, 1100 Simonton Street, Key West, FL 33040, and THOMAS WRIGHT, whose address is P.O. Box 500309, Marathon, FL 33050-0309, hereafter ATTORNEY. WITNESSETH: WHEREAS, the COUNTY has adopted Section 6.3-3, Monroe County Code, that authorized the prosecution of County Code violations before a special master instead of the Code Enforcement Board; WHEREAS, Section 6.3-3 requires that any person serving as a Code Enforcement Special Master be approved by the Board of County Commissioners; WHEREAS, the COUNTY desires to employ the above-named attorney to perform the duties of an alternate Code Enforcement Special Master; WHEREAS, the ATTORNEY represents that he or she has been a member of the Florida Bar for more than 5 years, has experience in land use and local government law, and is professionally competent to handle the duties of Code Enforcement Special Master; WHEREAS, it has become necessary to appoint an Alternate Code Enforcement Special Master due to the recusal of the primary Code Enforcement Special Master on certain cases; NOW, THEREFORE, in consideration of the mutual promises contained in this contract the parties agree as follows: 1. The Attorney understands that he or she is one of several alternate Code Enforcement Special Masters approved by the Board of County Commissioners. The Attorney further understands that the County Administrator, upon . notification of a recusal by the primary Code Enforcement Special Master, will designate one alternate to serve on the cases which triggered the recusal. If the designated alternate Code Enforcement Special Master is unable to or unwilling to hear those cases, he or she will notify the County Administrator who will select another alternate Code Enforcement Special Master. 2. The A TTO RNEY shall conduct the hearings and issue the orders required by Chapter 6.3, Monroe County Code and Florida Statues Chapter 162, in a timely manner on the assigned cases. All hearings must be held in County owned facilities on regular business days during regular business hours. The ATTORNEY shall coordinate the scheduling of hearings with the County's code enforcement attorney, code enforcement director and when appropriate, the persons cited as violators. 3. The COUNTY shall pay the ATTORNEY at a rate of $150.00 (ONE HUNDRED FIFTY DOLLARS) per hour, including travel time, for services rendered at the discretion of the County Administrator. 4. The ATTORNEY must bill the County Administrator, or his designee, by the tenth of each month for services performed during the previous month. The bill must be in a form satisfactory to the County Clerk. Payment must be made to the ATTORNEY within 15 business days of the County Administrator's or his designee's, receipt of the bill. 5. The ATTORNEY is employed as an alternate Code Enforcement Special Master at the pleasure of the COUNTY'S Board of County Commissioners. The Board may terminate this contract by providing the ATTORNEY with 30 days written notice of the Board's termination decision. Upon receipt of the notice or upon any effective termination date described in the notice, the ATTORNEY must immediately cease performing any further services under this contact. The COUNTY will remain obligated to pay the ATTORNEY for all services performed --but unpaid - up to the date of the ATTORNEY'S receipt of the notice or the effective date, which may be specified by the Board, which shall not be less than 30 days unless mutually agreed to, in writing, between the parties. 6. The ATTORNEY may terminate this contact by giving the COUNTY at least 30 days written notice. This notice requirement is for the COUNTY to have time to appoint a different alternate Code Enforcement Special Master(s) and to prevent the frustration of the right to due process of both the individuals cited for violations and the COUNTY. The ATTORNEY must be paid for all services performed - but unpaid - up to the effective date of his termination. 7. The ATTORNEY is one of several alternate Code Enforcement Special Masters. The COUNTY intends that the ATTORNEY conduct County code violations hearings that are assigned to this alternate special master by the County due to conflicts of interest, scheduling conflicts or recusals of the primary special master. The COUNTY will provide the ATTORNEY with at least 15 days notice of any scheduled hearing. 8. The ATTORNEY warrants that he has not employed, retained or otherwise had act on his behalf any former County officer or employee subject to the prohibition of Section 2 or Ordinance No. 010-1990 or any County officer or employee in violation of Section 3 or Ordinance No. 010-1990. For breach or violation of this provision the COUNTY may, in its discretion, terminate this contract without liability and may also, in its discretion, deduct from the contract or purchase price, to otherwise recover, the full amount of any fee, commission, percentage, gift, or consideration paid to the former County officer or employee. 9. All written notices required under this contact will be considered to have been delivered and received if hand delivered or sent by certified US Mail or a nationally recognized courier service to the addresses first written above. 10. The term of this contract begins on the date of last signature. 11. In the event of litigation to enforce payment or any of the terms of the agreement, the prevailing party shall be entitled to receive reasonable attorneys' fees, including appellate attorney fees, if necessary. 12. Per Fla. Statutes, Chapter 287.0582 all contracts which bind Monroe County for the purchase of services or tangible personal property for a period in excess of one (1) fiscal year must have the following statement included in the contract: "Monroe County's performance and obligation to pay under this contract, is contingent upon an annual appropriation by the BOCC. " 13. Public Entity Crime Statement. All invitations to bid, request for proposals and any contract document shall contain a statement which reads as follows (Section 287.133 FS): "A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity in excess of the threshold amount provided in Section 280.017 FS, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. (SEAL) BOARD OF COUNTY COMMISSIONERS Attest: DANNY L. KOLHAGE, CLERK OF MONROE COUNTY, FLORIA By By Deputy Clerk , The Honorable Dixie M. Spehar, Mayor DATE Thomas Wright Date PROFESSIONAL SERVICES CONTRACT THIS CONTRACT is made and entered into by and between Monroe County, a political subdivision of the State of Florida, hereafter COUNTY, whose address is Gato Building, 1100 Simonton Street, Key West, FL 33040, and RICHARD FOWLER, whose address is 323 Fleming Street, Key West, FL 33040, hereafter ATTORNEY. WITNESSETH: WHEREAS, the COUNTY has adopted Section 6.3-3, Monroe County Code, that authorized the prosecution of County Code violations before a special master instead of the Code Enforcement Board; WHEREAS, Section 6.3-3 requires that any person serving as a Code Enforcement Special Master be approved by the Board of County Commissioners; WHEREAS, the COUNTY desires to employ the above-named attorney to perform the duties of an alternate Code Enforcement Special Master; WHEREAS, the ATTORNEY represents that he or she has been a member of the Florida Bar for more than 5 years, has experience in land use and local government law, and is professionally competent to handle the duties of Code Enforcement Special Master; WHEREAS, it has become necessary to appoint an Alternate Code Enforcement Special Master due to the recusal of the primary Code Enforcement Special Master on certain cases; NOW, THEREFORE, in consideration of the mutual promises contained in this contract the parties agree as follows: 1. The Attorney understands that he or she is one of several alternate Code Enforcement Special Masters approved by the Board of County Commissioners. The Attorney further understands that the County Administrator, upon notification of a recusal by the primary Code Enforcement Special Master, will designate one alternate to serve on the cases which triggered the recusal. If the designated alternate Code Enforcement Special Master is unable to or unwilling to hear those cases, he or she will notify the County Administrator who will select another alternate Code Enforcement Special Master. 2. The ATTORNEY shall conduct the hearings and issue the orders required by Chapter 6.3, Monroe County Code and Florida Statues Chapter 162, in a timely manner on the assigned cases. All hearings must be held in County owned facilities on regular business days during regular business hours. The ATTORNEY shall coordinate the scheduling of hearings with the County's code enforcement attorney, code enforcement director and when appropriate, the persons cited as violators. 3. The COUNTY shall pay the ATTORNEY at a rate of $150.00 (ONE HUNDRED FIFTY DOLLARS) per hour, including travel time, for services rendered at the discretion of the County Administrator. 4. The ATTORNEY must bill the County Administrator, or his designee, by the tenth of each month for services performed during the previous month. The bill must be in a form satisfactory to the County Clerk. Payment must be made to the ATTORNEY within 15 business days of the County Administrator's or his designee's, receipt of the bill. 5. The ATTORNEY is employed as an alternate Code Enforcement Special Master at the pleasure of the COUNTY'S Board of County Commissioners. The Board may terminate this contract by providing the ATTORNEY with 30 days written -- notice of the Board's termination decision. Upon receipt of the notice or upon any effective termination date described in the notice, the ATTORNEY must immediately cease performing any further services under this contact. The COUNTY will remain obligated to pay the ATTORNEY for all services performed --but unpaid - up to the date of the ATTORNEY'S receipt of the notice or the effective date, which may be specified by the Board, which shall not be less than 30 days unless mutually agreed to, in writing, between the parties. 6. The ATTORNEY may terminate this contact by giving the COUNTY at least 30 days written notice. This notice requirement is for the COUNTY to have time to appoint a different alternate Code Enforcement Special Master(s) and to prevent the frustration of the right to due process of both the individuals cited for violations and the COUNTY. The ATTORNEY must be paid for all services performed - but unpaid - up to the effective date of his termination. 7. The ATTORNEY is one of several alternate Code Enforcement Special Masters. The COUNTY intends that the ATTORNEY conduct County code violations hearings that are assigned to this alternate special master by the County due to conflicts of interest, scheduling conflicts or recusals of the primary special master. The COUNTY will provide the ATTORNEY with at least 15 days notice of any scheduled hearing. 8. The ATTORNEY warrants that he has not employed, retained or otherwise had act on his behalf any former County officer or employee subject to the prohibition of Section 2 or Ordinance No. 010-1990 or any County officer or employee in violation of Section 3 or Ordinance No. 010-1990. For breach or violation of this provision the COUNTY may, in its discretion, terminate this contract without liability and may also, in its discretion, deduct from the contract or purchase price, to otherwise recover, the full amount of any fee, commission, percentage, gift, or consideration paid to the former County officer or employee. 9. All written notices required under this contact will be considered to have been delivered and received if hand delivered or sent by certified US Mail or a nationally recognized courier service to the addresses first written above. 10. The term of this contract begins on the date of last signature. 11. In the event of litigation to enforce payment or any of the terms of the agreement, the prevailing party shall be entitled to receive reasonable attorneys' fees, including appellate attorney fees, if necessary. 12. Per Fla. Statutes, Chapter 287.0582 all contracts which bind Monroe County for the purchase of services or tangible personal property for a period in excess of one (1) fiscal year must have the following statement included in the contract: "Monroe County's performance and obligation to pay under this contract, is contingent upon an annual appropriation by the BOCC. " 13. Public Entity Crime Statement. All invitations to bid, request for proposals and any contract document shall contain a statement which reads as follows (Section 287.133 FS): "A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit "_..-"",_." a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity in excess of the threshold amount provided in Section 280.017 FS, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. (SEAL) BOARD OF COUNTY COMMISSIONERS Attest: DANNY L. KOLHAGE, CLERK OF MONROE COUNTY, FLORIA By By Deputy Clerk The Honorable Dixie M. Spehar, Mayor DATE Richard Fowler Date .. . PROFESSIONAL SERVICES CONTRACT THIS CONTRACT is made and entered into by and between Monroe County, a political subdivision of the State of Florida, hereafter COUNTY, whose address is Gato Building, 1100 Simonton Street, Key West, FL 33040, and BRANDON DIMANDO, whose address is P.O. Box 273, Key West, FL 33041-0273, hereafter ATTORNEY. WITNESSETH: WHEREAS, the COUNTY has adopted Section 6.3-3, Monroe County Code, that authorized the prosecution of County Code violations before a special master instead of the Code Enforcement Board; WHEREAS, Section 6.3-3 requires that any person serving as a Code Enforcement Special Master be approved by the Board of County Commissioners; WHEREAS, the COUNTY desires to employ the above-named attorney to perform the duties of an alternate Code Enforcement Special Master; WHEREAS, the ATTORNEY represents that he or she has been a member of the Florida Bar for more than 5 years, has experience in land use and local government law, and is professionally competent to handle the duties of Code Enforcement Special Master; WHEREAS, it has become necessary to appoint an Alternate Code Enforcement Special Master due to the recusal of the primary Code Enforcement Special Master on certain cases; NOW, THEREFORE, in consideration of the mutual promises contained in this contract the parties agree as follows: 1. The Attorney understands that he or she is one of several alternate Code Enforcement Special Masters approved by the Board of County Commissioners. The Attorney further understands that the County Administrator, upon . .' notification of a recusal by the primary Code Enforcement Special Master, will designate one alternate to serve on the cases which triggered the recusal. If the designated alternate Code Enforcement Special Master is unable to or unwilling to hear those cases, he or she will notify the County Administrator who will select another alternate Code Enforcement Special Master. 2. The ATTORNEY shall conduct the hearings and issue the orders required by Chapter 6.3, Monroe County Code and Florida Statues Chapter 162, in a timely manner on the assigned cases. All hearings must be held in. County owned facilities on regular business days during regular business hours. The A TTO RNEY shall coordinate the scheduling of hearings with the County's code enforcement attorney, code enforcement director and when appropriate, the persons cited as violators. 3. The COUNTY shall pay the ATTORNEY at a rate of $150.00 (ONE HUNDRED FIFTY DOLLARS) per hour, including travel time, for services rendered at the discretion of the County Administrator. 4. The ATTORNEY must bill the County Administrator, or his designee, by the tenth of each month for services performed during the previous month. The bill must be in a form satisfactory to the County Clerk. Payment must be made to the ATTORNEY within 15 business days of the County Administrator's or his designee's, receipt of the bill. 5. The ATTORNEY is employed as an alternate Code Enforcement Special Master at the pleasure of the COUNTY'S Board of County Commissioners. The Board may terminate this contract by providing the ATTORNEY with 30 days written --- . , . notice of the Board's termination decision. Upon receipt of the notice or upon any effective termination date described in the notice, the ATTORNEY must immediately cease performing any further services under this contact. The COUNTY will remain obligated to pay the ATTORNEY for all services performed --but unpaid - up to the date of the ATTORNEY'S receipt of the notice or the effective date, which may be specified by the Board, which shall not be less than 30 days unless mutually agreed to, in writing, between the parties. 6. The ATTORNEY may terminate this contact by giving the COUNTY at least 30 days written notice. This notice requirement is for the COUNTY to have time to appoint a different alternate Code Enforcement Special Master(s) and to prevent the frustration of the right to due process of both the individuals cited for violations and the COUNTY. The ATTORNEY must be paid for all services performed - but unpaid - up to the effective date of his termination. 7. The ATTORNEY is one of several alternate Code Enforcement Special Masters. The COUNTY intends that the ATTORNEY conduct County code violations hearings that are assigned to this alternate special master by the County due to conflicts of interest, scheduling conflicts or recusals of the primary special master. The COUNTY will provide the ATTORNEY with at least 15 days notice of any scheduled hearing. 8. The ATTORNEY warrants that he has not employed, retained or otherwise had act on his behalf any former County officer or employee subject to the prohibition of Section 2 or Ordinance No. 010-1990 or any County officer or . . . employee in violation of Section 3 or Ordinance No. 010-1990. For breach or violation of this provision the COUNTY may, in its discretion, terminate this contract without liability and may also, in its discretion, deduct from the contract or purchase price, to otherwise recover, the full amount of any fee, commission, percentage, gift, or consideration paid to the former County officer or employee. 9. All written notices required under this contact will be considered to have been delivered and received if hand delivered or sent by certified US Mail or a nationally recognized courier service to the addresses first written above. 10. The term of this contract begins on the date of last signature. 11. In the event of litigation to enforce payment or any of the terms of the agreement, the prevailing party shall be entitled to receive reasonable attorneys' fees, including appellate attorney fees, if necessary. 12. Per Fla. Statutes, Chapter 287.0582 all contracts which bind Monroe County for the purchase of services or tangible personal property for a period in excess of one (1) fiscal year must have the following statement included in the contract: "Monroe County's performance and obligation to pay under this contract, is contingent upon an annual appropriation by the BOCC. " 13. Public Entity Crime Statement. All invitations to bid, request for proposals and any contract document shall contain a statement which reads as follows (Section 287.133 FS): "A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit ._-,,_._.._~ ~-- ". .~_.- a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity in excess of the threshold amount provided in Section 280.017 FS, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. (SEAL) BOARD OF COUNTY COMMISSIONERS Attest: DANNY L. KOLHAGE, CLERK OF MONROE COUNTY, FLORIA By By Deputy Clerk The Honorable Dixie M. Spehar, Mayor DATE Brandon DiMando Date -,,,.-