Loading...
HomeMy Public PortalAboutSamuel Taylor SM contract_20206 a AGREEMENT FOR SPECIAL MAGISTRATE SERVICES This Agreement is made and entered into by and between the City of Crestview (the "City") and Samuel B. Taylor (the "Special Magistrate") as of the 21st day of October, 2020. WITNESSETH: WHEREAS, the City requests the services of Special Magistrate to act pursuant to Chapters 162 and 316, Florida Statutes, for the purpose of taking testimony and hearing arguments at hearings, and making recommendations or final decisions which include findings of fact and conclusions of law to the City; and WHEREAS, the Special Magistrate desires to provide such services to the City as an independent contractor; and WHEREAS, the.Special Magistrate is qualified to provide such services. NOW THEREFORE, in consideration of the mutual terms and conditions, promises, covenants and payment hereinafter set forth, the City and Special Magistrate agree as follows: SECTION ONE: SERVICES 1.1 The Special Magistrate shall :perform professional services to the City as a Special Magistrate. The Special Magistrate services shall include, but not be limited to the following: a. Taking testimony and hearing legal arguments at hearings; b. Making recommendations, which include findings of fact and conclusions of law, to the City, within ten (10) business days of each hearing date assigned to the Special Magistrate when applicable law requires issuance of a final order by the City; and c. Making and issuing final orders pursuant to Chapter 162. d. Special Magistrate will be trained on and utilize the City's CivicClerk software or such replacement as the City may choose. e. Additionally, Special Magistrate shall: (i) Avoid impropriety and the appearance of impropriety during all Special Magistrate activities, (ii) Promptly review case lists provided by the Clerk, and recuse himself from any hearing in which recusal is necessary by law or regulation or to avoid the appearance of impropriety. (iii) Promote public confidence in the integrity and impartiality of the special magistrate process, (iv) Limit all discussions to the merits of each petition, and only have such discussions during properly scheduled hearing times in the presence of all parties, (v) Avoid any and all ex parte communications, and report any and all ex parte communications to the City Clerk in writing, (vi) Perform all Special Magistrate duties impartially and diligently, (vii) Be patient and courteous to the parties and witnesses, (viii) Adhere to the rules and statutes regarding admission of evidence, (ix) . Notify the City Clerk of any scheduling conflicts so that such conflicts may be resolved in a timely manner, 1.2 The Special Magistrate shall be responsible for complying with all federal, state and local rules, regulations, statutes, laws or ordinances, regarding payment for his services under this Agreement, and any reporting requirements thereunder. 1.3 The Special Magistrate will•;not display or distribute business cards or otherwise advertise his at any special magistrate hearing or meeting, while serving as Special Magistrate for the City. 1.4 During any hours the Special Magistrate provides services to the City, the Special Magistrate shall devote his full time and effort to the services being performed for the City. The Special Magistrate shall accurately maintain all records and make such reports as the City may require. The Special Magistrate may complete work on files in his law office or home and transmit the results to the City. The Special Magistrate shall comply with all requirements of Chapter 119, Florida Statutes. SECTION TWO: FEES 2.1 The City shall pay the Special Magistrate the rate of $450 per month for up to three (3) hours of hearing time, $150 per hour for any hour over three (3) for his services as a Special Magistrate. 2.2 This agreement is neither a guarantee that the Special Magistrate will be scheduled to conduct hearings, nor a guarantee that the Special Magistrate will be available to provide services to the City on all potential hearing dates. The City Clerk will work with the Special Magistrate to coordinate scheduling of hearings. SECTION THREE: TERM OF SERVICE 3.1 The term of this Agreement shall begin on the date of this Agreement and shall continue until formally terminated by the Special Magistrate or the City. 3.2 This Agreement may be terminated by either party, with or without cause, by written notice to the other party of the intent to terminate. Such termination shall be effective at any time specified more than 90 days after either party gives notice. 3.3 In the event of termination, the Special Magistrate shall be entitled to compensation for services rendered through the effective date of termination. All finished or unfinished documents prepared by the Special Magistrate shall become the property of the City and shall be delivered by the Special Magistrate to the City Clerk immediately upon the effective date of termination. SECTION FOUR: METHOD OF BILLING AND PAYMENT 4.1 The Special Magistrate will maintain a detailed record of time for his work under this Agreement, to include hearing date, time spent hearing each petition on said date and time spent providing services after each hearing date in order to complete recommendations for each petition on said hearing date. The Special Magistrate shall submit an invoice for each assigned hearing date, in the format specified or accepted by the City, immediately upon completion of a final order or recommendations to the City for petitions heard on each hearing date. All invoices shall be submitted directly to the City Clerk Finance at the mailing address or email address provided by the City Clerk. Invoices will not be paid unless and until all recommendations and orders for the corresponding hearing dates are completed and submitted to the City. 4.2 The Special Magistrate acknowledges that each invoice must be reviewed and approved by the City. Should the City or its designee determine that the invoice is not commensurate with services performed, work accomplished, hours allotted pursuant to this Agreement or hours extended, the City Clerk will contact the Special Magistrate in order to resolve any issues or concerns. SECTION FIVE: STANDARDS AND CORRECTIONS 5.1 The Special Magistrate shall perform or furnish to the City his professional services in accordance with thegenerally accepted standards for attorneys and in accordance with any laws, statutes, ordinances, codes, policies, rules and regulations governing the Special Magistrate's services hereunder. 5.2 The Special Magistrate shall, without additional compensation, correct and revise any errors, omissions, or other deficiencies in his work product, services, or materials arising from the negligent act, error or omission of the Special Magistrate. The foregoing shall be construed as an independent duty to correct rather than waiver of the City's rights under any applicable statute of limitations. The review of, approval of, or payment for any of the Special Magistrate's work product, services, or materials shall not be construed to operate as a waiver of any of the City's rights under this Agreement, or cause of action the City may have arising out of the performance of this Agreement. SECTION SIX: NO ASSIGNMENT 6.1 This Agreement, or any interest herein, may not be assigned or delegated without the prior written consent of the City. SECTION SEVEN: SEVERABILITY AND WAIVER 7.1 In the event any provision of this Agreement shall be held invalid and unenforceable, the remaining provisions shall be valid and binding upon the parties. One or more waivers by either party of any breach of any provision, term, condition or covenant shall not be construed by the other party as a waiver of any subsequent breach. SECTION EIGHT: GOVERNING AND LAW VENUE 8.1 This Agreement shall be governed and construed in accordance with Florida law. In the event litigation arises involving the parties in connection with this Agreement, venue for such litigation shall be in Okaloosa County, Florida. SECTION NINE: INDEPENDENT CONTRACTOR STATUS 9.1 The Special Magistrate is an independent contractor and is not an employee, servant, agent, partner or joint venturer of the City. SECTION TEN: PUBLIC RECORDS 10.1 The Special Magistrate as Contractor, shall comply with the requirements of Florida's Public Records law. In accordance with Section 119.0701, Florida Statutes, Contractor shall: a. Keep and maintain public records required by the public agency in order to perform the service. b. Upon request from the public agency'scustodian 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 under Florida's Public Records Law or as otherwise provided by law. c. Ensure that 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 this contract if Contractor does not transfer the records to the public agency: and d. Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of Contractor or keep and maintain public records required by the public agency to perform the service. If Contractor transfers all public records to the public agency upon • T completion of the contract, Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If Contractor keeps and maintains public records upon completion of this 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 public agency's custodian of public records, in a format that is compatible with the information technology systems of the public agency. e. If Contractor has questions regarding the application of Chapter 119, Florida Statutes, to Contractor's duty to provide public records relating to this Agreement, Contractor shall contact the Custodian of Public Records at: City Clerk, City of Crestview 198 North Wilson Street P.O. Box 1209 Crestview, Florida 32536 (850) 682-1560 Extension 250 cityclerkc cityofcrestview.org f. In the event the public agency must initiate litigation against Contractor in order to enforce compliance with Chapter 119, Florida. Statutes, or in the event of litigation filed against the public agency because Contractor failed to provide access to public records responsive to a public record request, the public agency shall be entitled to recover all costs, including but not limited to reasonable attorneys' fees, costs of suit, witness, fees, and expert witness fees extended as part of said litigation and any subsequent appeals. IN WITNESS WHEREOF the City and the Special Magistrate have caused these presents to be executed in their names, the day and year first above written. Samu?1 Taylor, Special Magistrate CITY OF CRESTVIEW, FLORIDA By. .B. Whitten, Mayor ATTEST: By: Elizabeth I. Roy, City Clerk