Loading...
HomeMy Public PortalAbout10-7999 Marlon Hill Sponsored by: City Manager RESOLUTION NO. 10-7999 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, AUTHORIZING THE CITY MANAGER TO ENTER INTO AND EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH MARLON A. HILL FOR SERVICE AS A SPECIAL MASTER/MAGISTRATE FOR THE CITY OF OPA-LOCKA, FOR THE RED LIGHT CAMERA PROGRAM PAYABLE FROM ACCOUNT NO. 19-519312 AND IN THE CONTRACT FORM ATTACHED HERETO AS EXHIBIT"A";PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS,the City Commission of the City of Opa-locka,Florida("City Commission") adopted Resolution 09-7435 and Ordinance 08-07, thereby creating the Red Light Safety Camera Program; and WHEREAS,in accordance with Section 2-570.28 of the City Code of Ordinances,staff had previously created a list of potential Special Masters for City of Opa-locka ("City") Commission consideration; and WHEREAS, Marlon A. Hill, Esq. was pre-approved by the selection committee for a position of Special Master/Magistrate; and WHEREAS,the City Commission desires to authorize the City Manager to enter into and execute a contract with Mr. Marlon A. Hill, Esq. for service as a Special Master/Magistrate for the City hearings pertaining to traffic enforcement (red light camera safety program). NOW,THEREFORE,BE IT DULY RESOLVED BY THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA: Section 1. The recitals to the preamble herein are incorporated by reference. Resolution No. 1 0-7 9 9 9 Section 2. The City Commission of the City of Opa-locka,Florida,hereby authorizes the City Manager to enter into and execute a professional services agreement with Marlon A. Hill,Esq., for service as a Special Master/Magistrate for hearings pertaining to traffic enforcement (red light camera safety program)for a one year period from the time of engagement and in the contract form attached hereto as Exhibit "A", and payable from account Number 19-519312. Section 3. This Resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 1 3 day of JAN_ 2010. • ' Z KELLEY A I Attest: Approved as to form and lega .u`fficiency: �i���► ii)11 . L. D- .orah S. Irby Jt•.eph .. Geller City Clerk eri - City Attorney Moved by: HOLMES Seconded by: JOHNSON Commission Vote: 5-0 Commissioner Holmes: YES Commissioner Johnson: YES Commissioner Tydus: YES Vice-Mayor Taylor: YES Mayor Kelley: YES O`,p.lOCka 04 f O )1° h 0 oogA_ o gry wa � Memorandum TO: Mayor Joseph L. Kelley Vice Mayor Mayra L. Taylor Commissioner Timothy Holmes Commissioner Dorothy Johnson Commissioner Rose %, •us FROM: Bryan K. Finnie, ;. ity Manager s i DATE: November IT" 9. RE: APPO . 'TMENT OF SPECIAL MASTER FOR TRAFFIC E °I RCEMENT Request: APPROVAL OF A RESOLUTION APPOINTING MARLON HILL,ESQ. AS SPECIAL MASTER FOR TRAFFIC ENFORCEMENT FOR THE CITY OF OPA-LOCKA AND FURTHER AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT SIMILAR TO THAT OF THE CODE ENFORCEMENT SPECIAL MASTER. Description: As per the attached Memo to the City Commission dated October 20th, the City of Opa-locka needs to appoint a Special Master to hear cases involving violations of Ordinance 08-07 (red light camera traffic enforcement). Staff recommends appointing Marlon Hill, Esq. as the Special Master for hearings dealing with traffic enforcement (red light camera safety program). Financial Impact: This item has a positive financial impact. The City of Opa-locka has budgeted$100,000 in revenue in the FY 09-10 Fiscal Budget for the Red Light Camera Traffic Infraction Program. Special Master's are traditionally paid on an hourly basis and typically come from hearing fees and guilty violations. Implementation Time Line:, One Week Legislative History: The Red Light Camera Program was created with Resolution 09-7435 on February 25th and Ordinance 08-07, which passed on June 25th and became effective on July 5th. In accordance with Section 2-570.28 of the City Code of Ordinances, staff had previously created a list of potential Special Master's. Mr. Musto, Esq. was selected for code enforcement matters and Mr. Hill, Esq. was also selected as a finalist. The Code allows the Commission to appoint up to three (3) Special Master's for the City of Opa-locka. Recommendation(s):Staff recommends approval OQD•LOCK4 24 <O f % ••L• n. o >)NGTL Analysis: City staff and American Traffic Solutions (ATS) representatives believe that having an additional Special Master that solely handles traffic infraction cases is in the best interests of the City. The current Special Master works with the staff in the Code Enforcement Department, whereas traffic enforcement through the red light camera program shall be handled though the Police Department. Considering that the cost of having two (2) Special Master's handling code enforcement and traffic enforcement separately is the same as one (1)handling both, staff and ATS recommend that the duties be split in order to handle cases more efficiently. Appointment of a Special Master by the Commission on December 9`i'will also allow the selected individual to attend training along with city staff that will be responsible for reviewing and issuing infraction notices. Attachment(s): 1. Resolution 09-7435 2. Ordinance 08-07 3. October 20th Memorandum on the Red Light Camera Program 4. Section 2-570.28 of the Opa-locka Code of Ordinances 5. INSERT RESOLUTION FOR SPECIAL MASTER SEARCH 6. INSERT AGREEMENT FOR MUSTO 7. INSERT AGREEMENT FOR HILL Prepared by: Jordan W. Leonard END OF MEMORANDUM SPECIAL MAGISTRATE PROFESSIONAL SERVICES CONTRACT THIS SPECIAL MAGISTRATE PROFESSIONAL SERVICES CONTRACT ("Professional Services Contract") is hereby made and entered into, in duplicate, in Miami-Dade County, Florida, this day of December 2009, by and between the City of Opa-Locka, Florida hereinafter referred to as "CITY," being party of the first part, and attorney Marlon A. Hill, Esq. hereinafter referred to as "Attorney," party of the second part. RECITALS WHEREAS, the City was in need of a special magistrate for red light camera enforcement hearings; and WHEREAS, pursuant to Article XI, Division 10, Subdivision 2, Section 2- 570.26 of the City of Opa-locka Code of Ordinances, the City Commission of the City of Opa-locka is permitted to appoint up to three (3) Special Masters/Magistrates and one (1) alternate Special Master/Magistrate; and WHEREAS, pursuant to the relevant ordinance, Attorney was selected a part of the selection committee's pre-approved list and is a member of the Florida Bar in good standing; and WHEREAS, Attorney agrees to familiarize himself/herself with all applicable city ordinances related to code red light camera enforcement issues and other applicable city codes; NOW THEREFORE, in consideration of the mutual covenants and promises herein contained and the mutual exchange of other good and valuable consideration, the receipt of which is hereby acknowledged, it is mutually agreed, promises and covenanted as follows: 1.0 ENGAGEMENT OF PROFESSIONAL SERVICES. City does hereby agree to engage and retain Attorney as a Special Magistrate, and ATTORNEY does hereby agree to accept such engagement by the City in the capacity of "Special Magistrate" in accordance with the terms and conditions and provisions of this engagement as set forth herein and in accordance with pertinent provisions of Florida Statutes, City of Opa-Locka Code of Ordinances and all other applicable provisions of Florida law. 2.0 TERM OF ENGAGEMENT. The term of engagement shall commence on at the time of execution and remain in place for one year or terminate in the manner provided for in Paragraph 3 of this Contract. 3.0 TERMINATION. This Special Magistrate Professional Services Contract may be terminated by either the City or the Attorney at any time on thirty I (30) days written notice to the other party. 1 4.0 SCOPE OF SERVICES. City and Attorney mutually understand and agree that the scope of legal services to be provided by Attorney shall be exclusively limited to red light camera enforcement issues. Attorney shall work with the City Attorney and Assistant City Attorneys for the City of Opa-locka, the City Manager or her/his designee(s) to carry out the requirements of this Agreement. Attorney shall attend all code enforcement meetings in a timely manner and prepare reports and orders as necessary. 5.0 PAYMENT FOR PROFESSIONAL SERVICES RENDERED. Full payment and compensation for Attorney's professional services rendered pursuant to this Professional Services Contract shall be billed at a rate of $115.00 per hour. In the event of termination pursuant to Paragraph 3 of this Professional Services Contract, Attorney shall be entitled only to such compensation as shall have accrued on a pro rata basis to the date of said early termination. Attorney shall submit a monthly billing statement to the City and such statements shall contain the date(s) of service and hours. 6.0 COSTS AND EXPENSES: Costs and expenses are not reimbursable by City. 7.0 ATTORNEY INDEPENDENCE. It is important that Attorney be independent and impartial in order to properly perform and provide the professional services to the City. Attorney shall not act as counsel in any lawsuit or other adversary proceeding in which City is named as an adversary party or in which Attorney takes an adverse position to the City. 8.0 CONFLICT OF INTEREST. Attorney acknowledges that it is familiar with and will at all times comply with the provisions of Florida Statutes, Chapter 112 relating to the Code of Ethics, County code of ethics and City Ordinances as they may apply to Attorney. 9.0 PUBLIC RECORDS. Attorney and City mutually understand that the attorney-client and attorney work-product privileges may protect certain documents and information from voluntarily disclosure. However Attorney and City acknowledge and agree that such documents and information may be disclosed if required by Florida Statutes, Chapter 119 relating to Florida Public Records Acts, or other applicable Florida law, with prior notice to the City, and appropriate redaction if required; and further that such documents shall be disclosed, with prior notice to the City, if compelled by court order. 10. INDEPENDENT CONTRACTOR RELATIONSHIP. Nothing contained in this Professional Services Contract or any document executed in connection herewith, shall be construed to create an employer-employee relationship, partnership or joint venture relationship between the City and Attorney. Attorney is an independent contractor and not an employee of the City. The consideration set 2 • forth in Professional Services Contract shall be the sole consideration due Attorney for the services rendered hereunder. It is understood that the City will not withhold any amounts for payment of taxes from the compensation of Attorney hereunder. Attorney will not represent itself to be or hold itself out as an employee of the City and Attorney hereby acknowledges that he or she shall not have the right or entitlement in or to any of the pension, retirement or other benefit programs now or hereafter available to the City's regular employees. Any and all sums subject to deduction, if any, required to be withheld and/or paid under any applicable state or federal laws shall be Attorney's sole responsibility and Attorney shall indemnify and hold Attorney harmless from any and all damages, claims and expenses arising out of or resulting from any claims asserted by any taxing authority as a result of or in connection with said payments. 11. INDEMNIFICATION. Attorney shall at all times hereafter agree to indemnify and hold harmless City, its officers (appointed and elected), agents, employees and servants against any and all claims, actions, petitions, or disputes or losses of any nature whatsoever, whether in law, equity or administrative, including attorneys fees, costs, expenses, or judgments caused by or arising from the negligent act(s) or omission(s) of Attorney, or its employees, agents, servants or officers, arising out of or resulting from or pertaining to Attorney's performance of the scope of services contemplated by this Professional Services Contract, including any and all claims, demands, or causes of actions or damages sustained by any person. The provision of this paragraph shall survive the termination of this Professional Services Contract. 12. INSURANCE. Attorney shall, as a condition of this Professional Services Contract, be required to carry and maintain at all times during the term of this Professional Services Contract, professional liability insurance in an amount sufficient to cover his/her responsibilities herein. 13. NOTICE. Whenever either party is required to give notice to the other, such notice shall be delivered by United States mail, return receipt requested or by hand delivery addressed to the party for whom it is intended at the place specified by this paragraph. The place for giving notice shall remain the same as set forth in this Professional Services Contract, unless changed in writing and provided in the manner provided by this paragraph. The parties designate the following as the effective persons and place for providing notice to the other: CITY: Bryan K. Finnie, Interim City Manager 780 Fisherman Street, 4th Floor Opa-locka, Florida 33054 Copy To: Burnadette Norris-Weeks, City Attorney 780 Fisherman Street, 4th Floor Opa-locka, Florida 3 ATTORNEY: Marlon A. Hill, Esquire Delancyhill, P. A 200 S. Biscaye Blvd.., Suite 2750 Miami, FL 33131-5330 14. MISCELLANEOUS: This Professional Services Contract sets forth the entire agreement between the parties hereto. Any prior oral conversations or writings are merged herein and extinguished. No subsequent amendment to this Contract shall be binding upon the City or the Attorney unless reduced to writing and properly signed and executed by both parties. This Professional Services Contract shall be governed by the laws of the State of Florida. The invalidity or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of any other provision. IN WITNESS WHEREOF, the parties have caused this Independent Contractor/Professional Services Contract to be executed this day of 2009. WITNESSES AS TO ALL PARTIES City of Opa-Locka, Florida By: Bryan Finnie, Interim City Manager Clerk Attest Attorney/Special Magistrate By: Marlon A. Hill, Esquire 4 ORDINANCE NO. 2008- AN ORDINANCE OF THE CITY OF WEST PARK, FLORIDA, AMENDING ORDINANCE 2007-02 RELATING TO THE ZONING CODE; AMENDING ARTICLE II, SECTION 4 TO INCLUDE A DEFINITION FOR "MOTOR VEHICLE"; AMENDING ARTICLE X, REPEALING AND REPLACING SECTION 71 ENTITLED "SEPARATION REQUIREMENTS OF ALCOHOLIC BEVERAGE ESTABLISHMENTS" TO REQUIRE 1,000 FEET BETWEEN ALCOHOLIC BEVERAGE ESTABLISHMENTS; CREATING EXCEPTION FOR FULL SERVICE AND FAST FOOD RESTAURANTS AS ASSESSORY USE, ESTABLISHING HOURS OF SALE, ESTABLISHING BOTTLE CLUB RESTRICTIONS AND OTHER PROHIBITED ACTS; PROVIDING FOR ADOPTION OF REPRESENTATIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICT AND REPEALER; PROVIDING FOR INCLUSION IN CODE; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of West Park ("City Commission") adopted Ordinance No. 2007-02 amending, revising and compiling the Zoning Code for the City of West Park ("City"); and WHEREAS, further revisions to the Zoning Code are necessary for the City to more efficiently conduct its affairs and operations; and WHEREAS, the Florida Constitution and Chapter 166, Florida Statutes, empower and authorize the City to revise, amend, restate, codify and compile existing ordinances; and WHEREAS, the City Commission finds that the amendment of this Ordinance is in the best interest of the City and its residents. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF WEST PARK,FLORIDA, AS FOLLOWS: Section 1. Adoption of Representations. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true, and the same are hereby made a specific part of this Ordinance. Section 2. Article II, Section 4 of Ordinance No. 2007-02 entitled "Terms defined" is hereby amended to add the following definition. Motor Vehicle:Any vehicle propelled by other than muscular power. Section 3. Article X, Section 71, of Ordinance No. 2007-02 entitled "Separation Requirements of Alcoholic Beverage Establishments" shall be replaced in its entirety and shall be amended to read: Section 71. Separation requirements for alcoholic beverage establishments, hours of sale, bottle club restrictions, and other prohibited acts. 1) Alcoholic beverage establishments shall be located at least one thousand (1,000) five hundred (500) lineal feet from any other such establishment and at least one thousand (1,000) lineal feet from any educational center,place of worship or child care center. (a) The required one thousand (1,000) five hundred (500) foot distance shall be measured and computed by following a straight line from the nearest point of the existing building or structure, or part thereof, in which an alcoholic beverage establishment is located to the nearest point of the building or structure in which an alcoholic beverage establishment is proposed to be located. (b) The required one thousand (1,000)-foot distance shall be measured and computed by following a straight line from the nearest point of the plot or property line of the educational center, place of worship or child care center to the nearest point of the building or structure, or part thereof, in which the alcoholic beverage establishment is proposed to be located. (c) Distance separation requirements shall not apply if one (1) or both of the two (2) establishments is: (1) An alcoholic beverage establishment within a hotel, motel, resort or convention center; or (2) An alcoholic beverage establishment operated as part of a permitted outdoor event; or (3) A fast-food or full service restaurant, where malt or fermented alcoholic beverages (beer and wine) are sold or dispensed for consumption by customers, patrons or members in conjunction with a meal and as an accessory use of the main business. (d) For the purpose of determining the distance between alcoholic beverage establishments and places of worship, educational centers, child care centers, and other alcoholic beverage establishments, the applicant for such use shall furnish a certified survey from a land surveyor registered in the State of Florida, indicating the distance between the proposed establishment and any place of worship, education center, child care center and any existing alcoholic beverage establishment. The survey shall indicate the shortest distance as measured and computed in the manner set forth herein. In case there are no places of worship, educational centers, child care centers or existing alcoholic beverage establishments within the distances set forth herein, the survey shall so certify. (e) If the proposed establishment is to be located within a single building or structure containing multiple tenants, which includes an existing alcoholic beverage establishment, educational center, place of worship or child care center, the required distances shall be measured and computed by utilizing the main entrances of the proposed establishment and the existing alcoholic beverage establishment, educational center, place of worship or child care center therein. 2) Hours of Sale. Alcoholic beverage establishments shall be permitted to sell alcoholic beverages as follows: (a) Consumption off premises. No person, or any employee thereof, shall sell or offer for sale in bottles, cans, or containers of any type, for consumption off the premises, any liquor, beer, or wine, regardless of alcoholic content, on any day of the week between the hours of 12:00 a.m. and 7:00 a.m. Member Search Page 1 of 2 Inside the Bar Find a Lawyer Marlon Andrew Hill Member in Good Standing Eligible to practice in Florida ID 61484 Number: Address: Delancyhill, P.A. 200 S Biscayne Blvd Ste 2750 Miami, Florida 331315330 United States Phone: 786.7770184 Fax: 786.7770174 E-Mail: mhill @delancyhill.com County: Miami-Dade Circuit: 11 Admitted: 10/06/1995 Sections: Entertainment Arts and Sports Law 10-Year None Discipline History Degree: Doctor of Jurisprudence/Juris Doctor Firm: delancyhill, P.A. Website: www.delancyhill.com Firm Size: 6 to 10 Occupation: Partner/ Shareholder Practice Areas: Business Corporate Entertainment, Arts and Sports Immigration and Nationality Intellectual Property International Business Media The Find A Lawyer directory provides limited basic information about attorneys http://www.floridabar.org/names.nsf/O/C539212035FC 1D4785256A83000D794F?OpenD... 12/1/2009 Sponsored by: City Attorney %FA C RESOLUTION NO, 08-7340 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA,FLORIDA,APPOINTING ANTHONY C. MUSTO AS A SPECIAL MASTER/MAGISTRATE PURSUANT TO ARTICLE XI, DIVISION 10,SUBDIVISION 2,SECTION 2-570.26 OF THE CITY OF OPA-LOCKA CODE OF ORDINANCES WHEREAS, pursuant to Article XI, Division 10, Subdivision 2, Section 2-570.26 of the City of Opa-locka Code of Ordinances, the City Commission of the City of Opa-locka ("City Commission")shall appoint up to three(3)Special Masters/Magistrates and one(1)alternate Special Master/Magistrate; and WHEREAS,pursuant to said relevant code,all appointed Special Masters/Magistrates and any alternates are required to be members of the Florida Bar and in good standing; and WHEREAS,the Special Master/Magistrate Selection Committee has held no less than three meetings to review all applicants, interview and select members with experience who meet the requirements of the relevant City Code; and WHEREAS, the City Commission desires to accept the recommendation of the Special Master/Magistrate Selection Committee and appoint one (1) Special Masters/Magistrate who is a member in good standing with the Florida Bar. NOW,THEREFORE,BE IT DULY RESOLVED BY THE CITY COMMISSION OF THE CITY OF OPA-LOCKA,FLORIDA: Section 1. The recitals to the preamble herein are incorporated by reference. Section 2. The City Commission of the City of Opa-locka hereby appoints the following Resolution No. 08-7340 member of the Florida Bar as a Special Master/Magistrate to perform the duties and responsibilities as outlined by the City of Opa-locka Charter, City of Opa-locka Code of Ordinances and Florida laws, as applicable: Anthony C. Musto -- Special Master/Magistrate Section 3. This Resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this i n day of Sep 2008. ' L. ; . EY MA OR Attest: Approved as to form and legal sufficiency: 'i ebor. S. Irby : .•ette Norri ' eeks City Cl k City Attorney Moved by: JOHNSON Seconded by: MILLER Commission Vote: 5-0 Commissioner Tydus: YES Commissioner Holmes: YES Commissioner Miller: YES Vice-Mayor Johnson: vis Mayor Kelley: YES Sponsored by: City Attorney RESOLUTION NO. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, APPOINTING TWO (2) SPECIAL MASTERS/MAGISTRATES AND ONE (1) ALTERNATE SPECIAL MASTER/MAGISTRATE PURSUANT TO ARTICLE XI, DIVISION 10,SUBDIVISION 2,SECTION 2-570.26 OF THE CITY OF OPA-LOCKA CODE OF ORDINANCES WHEREAS, pursuant to Article XI, Division 10, Subdivision 2, Section 2-570.26 of the City of Opa-locka Code of Ordinances, the City Commission of the City of Opa-locka ("City Commission")shall appoint up to three(3)Special Masters/Magistrates and one(1)alternate Special Master/Magistrate; and WHEREAS,pursuant to said relevant code,all appointed Special Masters/Magistrates and alternates are required to be members of the Florida Bar and in good standing; and WHEREAS,the Special Master/Magistrate Selection Committee has held no less than three meetings to review all applicants, interview and select members with experience who meet the requirements of the relevant City Code; and WHEREAS, the City Commission desires to accept the recommendation of the Special Master/Magistrate Selection Committee by appointing two(2)Special Masters/Magistrates and one (1) alternate who are all members of the Florida Bar in good standing. NOW,THEREFORE,BE IT DULY RESOLVED BY THE CITY COMMISSION OF THE CITY OF OPA-LOCKA,FLORIDA: Section 1. The recitals to the preamble herein are incorporated by reference. Section 2. The City Commission of the City of Opa-locka hereby appoints the following Resolution No. members of the Florida Bar as Special Masters/Magistrates to perform the duties and responsibilities as outlined by the City of Opa-locka Charter, City of Opa-locka Code of Ordinances and Florida laws, as applicable: (1)Anthony C. Musto -- Special Master/Magistrate (2) Marlon A. Hill -- Special Master/Magistrate (3) Natalie E. Oce -- Alternate Special Master/Magistrate Section 3. This Resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this day of 2008. JOSEPH L. KELLEY MAYOR Attest: Approved as to form and legal sufficiency: Deborah S. Irby Burnadette Norris-Weeks City Clerk City Attorney Moved by: Seconded by: Commission Vote: Commissioner Tydus: Commissioner Holmes: Commissioner Miller: Vice-Mayor Johnson: Mayor Kelley: Member Search Page 1 of 1 Inside the Bar lac-0 LeAcx-v 6°) Find a Lawyer Anthony Charles Musto Member_in_Good Standing Eligible to practice in Florida ID Number: - 207535 Address: PO Box 2956 Hallandale, Florida 330082956 United.States Phone: 954.3368575 E-Mail: County: Broward Circuit: 17 Admitted: 12/18/1975 Board Year Area Certification: 1995 Appellate Practice Sections: Appellate Practice Criminal Law Government Lawyer 10-Year Discipline Discipline None History_ The Find A Lawyer directory provides limited basic information about attorneys licensed to practice in Florida and is provided as a public service by The Florida Bar. The information contained herein is provided "as is"with no warranty of any kind, express or implied.The Florida Bar, its Board of Governors,employees,and agents thereof are not responsible for the accuracy of the data. Much of the information is provided by the attorney and it is the attorney's responsibility to review and update the information. Publication of attorneys'contact information within this listing should not be construed as their consent to receive unsolicited communications in any form.Certain unauthorized uses of this data may result in civil or criminal penalties.The Find A Lawyer directory is not a lawyer referral service. [Updated: 08-20-2008] © 2005 The Florida Bar http://www.floridabar.org/names.nsf/0/EB988472522F04D685256A83004AEEB0?OpenDo... 9/2/2008 Member Search Page 1 of 1 Inside the Bar Find a Lawyer Marlon Andrew Hill Member._in Good_Standing Eligible to practice in Florida ID Number: - 61484 Address: Delancyhill, P.A. 200 S Biscayne Blvd Ste 2750 Miami, Florida 331315330 United States Phone: 786.7770184 Fax: 786.7770174 E-Mail: mhill @delancyhill.com County: Miami-Dade Circuit: 11 Admitted: 10/06/1995 Sections: Equal Opportunities Law Entertainment Arts and Sports Law 10-Year None Discipline History The Find A Lawyer directory provides limited basic information about attorneys licensed to practice in Florida and is provided as a public service by The Florida Bar. The information contained herein is provided "as is"with no warranty of any kind, express or implied.The Florida Bar,its Board of Governors, employees,and agents thereof are not responsible for the accuracy of the data. Much of the information is provided by the attorney and it is the attorney's responsibility to review and update the information. Publication of attorneys'contact information within this listing should not be construed as their consent to receive unsolicited communications in any form. Certain unauthorized uses of this data may result in civil or criminal penalties.The Find A Lawyer directory is not a lawyer referral service. [Updated: 07-01-2008] © 2005 The Florida Bar http://www.floridabar.org/names.nsf/O/C539212035FC 1 D4785256A83000D794F?OpenDo... 9/2/2008 Inside the Bar Find a Lawyer Natalie Elaine Oce Member in Good Standing Eligible to practice in Florida ID Number: 524514 Address: Law Office of Natalie E. Oce, P.A. 3600 S State Road 7 Ste 215 Miramar, Florida 330235288 United States Phone: 954.9612228 Fax: 954.9612296 E-Mail: natalieoce @ocelawfirm.com County: Broward Circuit: 17 Admitted: 10/20/2001 10-Year Discipline None History Law School: Nova Southeastern University - Shepard Broad Law Center Graduation Year: 2001 Degree: Doctor of Jurisprudence/Juris Doctor Firm Size: One Occupation: Private Law Practice Practice Areas: Criminal General P-ractice Trial Languages: English State Courts: Florida The Find A Lawyer directory provides limited basic information about attorneys licensed to practice in Florida and is provided as a public service by The Florida Bar. The information contained herein is provided "as is" with no warranty of any kind, express or implied. The Florida Bar, its Board of Governors, employees, and agents thereof are not responsible for the accuracy of the data. Much of the information is provided by the attorney and it is the attorney's responsibility to review and update the information. Publication of attorneys' contact information within this listing should not be construed as their consent to receive unsolicited communications in any form. Certain unauthorized uses of this data may result in civil or criminal penalties. The Find A Lawyer directory is not a lawyer referral service. [Updated: 09-01-2008] • Sponsored by: City Manager Resolution No. 0 9-7 4 3 5 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA PIGGYBACKING THE AGREEMENT BETWEEN AMERICAN TRAFFIC SOLUTIONS, INC., AND THE CITY OF HIALEAH, FLORIDA,HERETO ATTACHED AS EXHIBIT"A", FOR A TRAFFIC SAFETY CAMERA PROGRAM AND FURTHER AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH AMERICAN TRAFFIC SOLUTIONS, INC., IN A CONTRACT FORM ACCEPTABLE TO THE CITY ATTORNEY WHEREAS, the City Commission of the City of Opa-locka passed Ordinance 08-07 which amended the City's Code of Ordinances to allow for recorded image monitoring and establish procedures for red light infractions to be heard by the City's Special Magistrate; and WHEREAS, City of Opa-locka desires to piggyback the Request for Proposals and subsequent Agreement between American Traffic Solutions,Inc.,a Kansas corporation,and the City of Hialeah, Florida; and WHEREAS, The City of Hialeah advertised Request for Proposals No. 2007/08-0230-36- 007 for a traffic safety camera program and received four responses, with American Traffic Solutions, Inc. being the most responsive and responsible bidder; and WHEREAS, American Traffic Solutions, Inc. has exclusive knowledge, possession and ownership of certain equipment, licenses, applications and Notice of Violation processes related to digital photo red light enforcement systems provided by vendor pursuant to the RFP and anticipated Agreement; and WHEREAS, it is in the best interest of the health, safety and welfare of the City of Opa- Locka, Florida to establish a red light safety program. Resolution No. 09-7435 NOW,THEREFORE,BE IT DULY RESOLVED BY THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA: Section 1. The recitals to the preamble herein are incorporated by reference. Section 2. The City Commission hereby piggybacks the Request for Proposals and subsequent Agreement between American Traffic Solutions,Inc.and the City of Hialeah,Florida for the Traffic Safety Camera Program and further authorizes the City Manager to execute an Agreement with American Traffic Solutions, Inc. in a contract form acceptable to the City Attorney. Section 3. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 25 day of FEBRUARY , 2009. ^. . LLEY AYOR Attest: Approved as to form and legal su iciency: -4/ JAIIP Deb V rah S. Irby Burna. tte Norri eeks City - Ci• Attorney Moved by: JOHNSON Seconded by: TAYLOR Commission Vote: 4-0 Commissioner Tydus: YES Commissioner Holmes: OUT OF ROOM Commissioner Johnson: YES Vice-Mayor Taylor: YES Mayor Kelley: YES 1St Reading: JUNE 1 1 , 2008 2nd Reading: JUNE 25, 2 0 0 8 Adopted: JUNE 25, 2008 Effective Date: JULY 5, 2008 Sponsored by: Mayor Kelley&Vice Mayor Johnson ORDINANCE NO. 08-07 AN ORDINANCE OF THE CITY OF OPA-LOCKA, FLORIDA; AMENDING THE CITY CODE BY AMENDING CHAPTER 15 "OFFENSES -- MISCELLANEOUS", BY CREATING ARTICLE X, "SIGNALIZED INTERSECTION SAFETY", PROVIDING FOR RECORDED IMAGE MONITORING AND ENFORCEMENT OF RED LIGHT INFRACTIONS, AND FOR RELATED PROCEDURES AND PROVISIONS; TO FACILITATE USE OF CITY'S SPECIAL MASTER MECHANISM FOR SIGNALIZED INTERSECTION SAFETY; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the running of red lights causes a safety hazard affecting every citizen and traveler in the City of Opa-locka; and WHEREAS, the City of Opa-locka is concerned with the inability to provide for the safe, efficient, and orderly use of municipal roads and to effectively reduce the significant dangers presented to motorists and pedestrians by motorists who fail to stop for red lights; and WHEREAS, the use of unmanned cameras to enforce toll violations on the state's toll roads has been determined to be fair, reasonable and sufficient by the State of Florida in order to effectively enforce the laws regulating the payment of tolls, without the need to commit the extreme amount of personnel that would be necessary without the use of unmanned cameras; and WHEREAS, the use of unmanned cameras can be similarly effective in enforcing laws requiring vehicles to stop for red lights, thereby freeing law enforcement officers to respond to other, often more significant incidents and crime; and 'WHEREAS, local governments in different parts of the state, including various 1 municipalities in Miami-Dade County, have demonstrated the enhancement of vehicular and pedestrian traffic safety attributable to the integration of automated image capture technologies with traditional traffic law enforcement methodology; and WHEREAS, Section 316.008, Florida Statutes, grants cities, with respect to streets and highways under their jurisdiction and within the reasonable exercise of police power, the authority to regulate and monitor traffic by means of law enforcement officers and security devices; and WHEREAS, the City of Opa-locka has authority under its Charter to enact an ordinance making the failure to stop for a red light indication a violation of the City of Opa-locka Code of Ordinances and to provide for enforcement of such violations of the City of Opa-locka Code of Ordinances; and WHEREAS, Attorney General Opinion 05-41, dated July 12, 2005 confirms the authority of the City of Opa-locka by the terms of Section 316.002 and Section 316.008, Florida Statutes, to enact an Ordinance authorizing the City of Opa-locka to monitor violations of traffic signals within the City of Opa-locka and to use unmanned cameras to monitor intersections and record traffic violations; and WHEREAS, the Attorney General has opined that local governments may not issue traffic citations under the State Statute to drivers for violations observed by the use of unmanned cameras and not otherwise observed by law enforcement officers; and WHEREAS, in order to be consistent with state law and the Attorney General's Opinion, the City of Opa-locka should issue "Notices of Violation" for failure to stop at red lights to registered owners of vehicles and should not utilize the uniform traffic citation prescribed by Chapter 316, Florida Statutes, for such violations and should not prosecute such violations 2 • through the county court; and WHEREAS, the City of Opa-locka finds it to be fair and reasonable to use the same procedure employed by the state to enforce toll violations through unmanned cameras and further finds that violations for failing to stop at a red light constitute serious threats to the public health, safety, and welfare of the community and violations that are irreparable or irreversible and are itinerant and transient in nature, all as set forth in Chapter 162, Florida Statutes; and WHEREAS, the City of Opa-locka finds that implementation of the enforcement program as set forth herein will promote and protect the health, safety, and welfare of its citizens, consistent with the authority of and limitations on the City of Opa-locka pursuant to the Florida Constitution and Florida Statutes. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA that: Section 1. The recitals set forth above are hereby adopted and confirmed. Section 2. Chapter 15 "Offenses -- Miscellaneous" is hereby amended by creating Article X"Signalized Intersection Safety", to read as follows: Chapter 15 Offenses --Miscellaneous * * * Article X Signalized Intersection Safety Sec. 15-134. Intent. The purpose of this article is to authorize the use of unmanned cameras or image capture technology to promote compliance with red light signals as prescribed by this article and to adopt a civil enforcement system for red light signal violations. This article will also supplement law enforcement personnel in the enforcement of right light signal violations and shall not prohibit 3 law enforcement officers from issuing a citation for a red light signal violation in accordance with the Florida Uniform Traffic Control Law, Chapter 316, Florida Statutes. Sec. 15-135. Use of image capture technologies. The city shall utilize image capture technologies as a supplemental means of monitoring compliance with laws related to traffic control signals, while assisting law enforcement personnel in the enforcement of such laws, which are designed to protect and improve public health, safety and welfare. This section shall not supersede, infringe, curtail or impinge upon state or county laws related to red light signal violations or conflict with such laws. Nothing herein shall conflict with the primary jurisdiction of Miami-Dade County to install and maintain traffic signal devices. The city may utilize image capture technologies as an ancillary deterrent to traffic control signal violations and to thereby reduce accidents and injuries association with such violations. Notice of violations issued pursuant to this article shall be addressed using the City's Special Masters pursuant to Article XI of Chapter 2 of the Code of Ordinances and not through the uniform traffic citations or county courts. This shall not bar the use of uniform traffic citations and the county courts when city police personnel decide not to rely on this article as the enforcement mechanism for a specific violation. Sec. 15-136. Definitions. As used in this article: (a) Intersection shall mean the area embraced within the prolongation or connection of the lateral curb line or, if none, then the lateral boundary lines, of the roadways of two roads which join or intersect one another at, or approximately at, right angles or the area within which vehicles traveling upon different roads joining at any other angle may come in conflict. (b) Motor vehicle shall mean any self-propelled vehicle not operated upon rails or 4 guide ways. Motor vehicles shall not include any bicycle, motorized scooter, electric personal assisted mobility device, or moped. (c) Notice of violation shall mean a City of Opa-locka citation issued for a Red Zone Violation. (d) Owner/Vehicle Owner shall mean the person or entity identified by the Florida Department of Motor Vehicles or other state vehicle registration office, as the registered owner of the motor vehicle. Such terms shall also mean a lessee of a motor vehicle pursuant to a lease of six months or more. (e) Recorded images shall mean images recorded by a Traffic Control Signal Monitoring System/Device presented on a photograph, an electronic image, a digital image, a video recording, or any other medium; and which shows the rear of a motor vehicle and on at least one image clearly identifies the license plate number of the motor vehicle. (f) Red Zone Violation shall mean a traffic offense whereby a traffic control monitoring system establishes that a motor vehicle entered an intersection controlled by a duly erected traffic control device at a time when the traffic control signal for such motor vehicle's direction was emitting a steady red signal. (g) Special Master shall mean the City's Code Enforcement Special Master, as described in Section 2-570.29, Code of Ordinances. (h) Traffic Control Signal shall mean a device exhibiting different colored lights or lighted arrows, successively one at a time or in combination, using only the colors green, yellow, and red that indicate and apply to drivers of motor vehicles as provided in Section 316.075, Florida Statutes. (i) Traffic Control Signal Monitoring Device shall mean an electronic system 5 consisting of one or more motor vehicle sensors, working in conjunction with a traffic control signal, still camera and/or video recording device, to capture and produce recorded images of motor vehicles entering an intersection against a steady red light signal indication. Sec. 15-137. Adherence to Red Light Traffic Control Signals. Motor vehicle traffic facing the steady right light indication of a traffic control signal shall stop before entering the crosswalk on the near side of an intersection or, if none, then before entering the intersection and shall remain standing until a green indication is shown on the traffic control signal. However, the driver of a motor vehicle which is stopped in obedience of a steady red traffic control signal indication may make a right turn, unless such a turn is otherwise prohibited by posted sign or other traffic control device. Sec. 15-138. Violation. A violation of this article, known as a red zone violation, shall occur when the operator of a motor vehicle does not comply with the requirements of Sec. 15-137 herein. Violations shall be enforced pursuant to this article. Sec. 15-139. Warning signs at monitored intersections. Each intersection which has a traffic control signal monitoring device installed shall be identified as a "monitored intersection" by appropriate signage to be posted no less than three hundred (300) feet before the intersection, unless conditions exist which necessitate placement of the signs closer to the intersection. The warning signs shall indicate the operation of the traffic control signal monitoring device at the intersection and that failure to obey the red light in accordance with this article will result in the issuance of a Notice of Violation. The absence of warning signs at any particular monitored intersection shall not constitute grounds for an appeal of a Notice of Violation issued pursuant to this article. 6 Sec. 15-140. Review of recorded images. (a) The owner of a motor vehicle that is shown by recorded image to have been operated so as to have committed a Red Zone Violation shall be issued a Notice of Violation. The recorded image shall be sufficient grounds to issue a Notice of Violation. (b) The chief of police shall designate a "Traffic Control Violation Review Officer," who shall be a police officer of the City, or who shall meet the qualifications set forth in Section 316.640(5)(A), Florida, Statutes, or any other relevant statute. The Traffic Control Violation Review Officer shall review recorded images prior to the issuance of a Notice of Violation to ensure the accuracy and integrity of the recorded images, he or she shall complete a report, and a Notice of Violation shall be sent to the vehicle owner at the address on record with the Florida Department of Highway Safety and Motor Vehicles, or the address _on record with the appropriate agency having such information in another jurisdiction, in compliance with Section 162.12, Florida Statutes. Sec. 15-141. Notice of Violation. The notice shall include: (a) The name and address of the vehicle owner; (b) The license plate number and registration number of the motor vehicle involved in the violation; (c) The make, model, year and color of the motor vehicle; (d) Notice that the Red Zone Violation is pursuant to this article; (e) The location of the intersection or roadway where the Red Zone Violation occurred; (f) The date and time of the Red Zone Violation; 7 (g) Notice that there are recorded images relating to the vehicle and a statement that the recorded images are evidence of a Red Zone Violation; (h) The civil penalty to be imposed; (i) The procedures for payment of the civil penalty and contesting the Notice of Violation; (j) A signed statement by the Traffic Control Violation Review Officer that,based on inspection of the recorded images, the motor vehicle was involved in a Red Zone Violation; (k) Information advising the vehicle owner of the manner and time in which the Notice of Violation may be appealed and warning that a failure to pay the civil penalty or to contest the Notice of Violation in a timely manner is an admission of the Red Zone Violation and will result in the entry of a judgment against the vehicle owner. Sec. 15-142. Vehicle owner responsibilities. (a) A vehicle owner receiving a Notice of Violation may, within thirty (30) days of the date of the Notice of Violation: (1) Pay the assessed civil penalty pursuant to instructions on the Notice of Violation; or (2) Request an appearance before the Special Master to contest the Notice of Violation. (b) The failure to pay the assessed civil penalty and/or appear before the Special Master within thirty (30) days from the date of the Notice of Violation shall constitute a waiver of the right to contest the Notice of Violation and will be considered an admission and will result in the entry of a judgment against the vehicle owner as provided for in Chapter 162, Florida Statutes. 8 Sec. 15-143. Hearing before the Special Master. (a) The City's Special Master is authorized to hold hearings related to the enforcement of this article. Within thirty (30) days of the date of the Notice of Violation, the vehicle owner may file a request for hearing with the City pursuant to the directions in the Notice of Violation. A hearing shall be scheduled for all requests. (b) Upon receipt of the request for hearing, the City Clerk shall schedule a hearing before the Special Master. Notice of the hearing shall be provided to the vehicle owner no less than ten (10) days prior to the hearing and shall be provided by certified and United States mail to the same address to which the Notice of Violation was sent. (c) The following shall be permissible grounds to contest a Notice of Violation: (1) At the time of the infraction, the motor vehicle was not under the care, custody or control of the vehicle owner or an individual with the vehicle owner's consent; (2) The motor vehicle driver was issued a citation for violating the same traffic cited in the Notice of Violation signal by a law enforcement officer, which was separate and distinct from the Notice of Violation issued under this article for violating the steady red traffic control signal indication; (3) The motor vehicle driver was required to violate the steady red traffic control signal indication in order to comply with other governing laws; (4) The motor vehicle driver was required to violate the steady red traffic control signal indication in order to reasonably protect the property or person of another; or (5) The steady red traffic control signal indication was inoperable or malfunctioning. (d) All testimony before the Special Master shall be under oath and shall be recorded. 9 The Traffic Control Violation Review Officer who issued the Notice of Violation shall testify at the hearing. Then, the vehicle owner may present evidence and testimony and cross-examine witnesses. The formal rules of evidence shall not apply, but fundamental due process shall be observed and shall govern the proceedings. Upon determination of the Special Master, irrelevant, immaterial and unduly repetitious evidence may be excluded, but all other evidence of a type commonly relied upon by reasonable prudent persons in the conduct of their affairs shall be admissible. Any part of the evidence may be received in written form. The Special Master may inquire of, or question, any witness(es) present at the hearing. The vehicle owner or his/her attorney and the Traffic Control Violation Review Officer or his/her attorney shall be permitted to inquire of any witness(es) present at the hearing. The Special Master may consider testimony presented by the vehicle owner, the Traffic Control Violation Review Officer or any other witness(es). (e) Recorded images indicating a Red Zone Violation verified by a Traffic Control Violation Review Officer are admissible in any proceeding before the Special Master to enforce the provisions of this article. Sec. 15-144. Appeals. All decisions by the Special Master shall be final. An aggrieved party, including the motor vehicle owner and/or the city, may appeal the final decision of the Special Master to the Eleventh Circuit Court. Such an appeal shall not be a hearing de novo but shall be limited to appellate review of the record created before the Special Master. An appeal shall be filed within thirty(30) days of the execution of the Special Master's decision to be appealed. Sec. 15-145. Penalties. A violation of this article shall be deemed a non-criminal, non-moving violation for 10 which a civil penalty, as proscribed in Article XI of Chapter 2 of the Code of Ordinances, shall be assessed. As the violation relates to this article and not to the Florida Statutes, no points as otherwise provided in Section 322.27, Florida Statutes, shall be recorded on the driving record of the vehicle owner or responsible party. Sec. 15-146. Administrative costs. In addition to the civil penalty assessed pursuant to Section 15-145 herein, administrative charges may be assessed pursuant to Article XI of Chapter 2, Code of Ordinances in the event of a hearing and/or the necessity to institute collection proceedings arises. Sec. 15-147. Collection of civil penalties. The City may establish procedures for the collection of civil penalties and administrative costs imposed herein and may enforce such penalty by civil action in the nature of debt collection. Sec. 15-148. Exceptions. This article shall not apply to Red Zone Violations involving vehicle collisions investigated by a law enforcement officer or to any authorized emergency vehicle responding to a bona fide emergency. Sec. 15-149. Ninety (90) day notice; introductory period. For the first ninety (90) days this article is in effect, the vehicle owner shall receive a courtesy Notice of Violation. Commencing ninety (90) days after the effective date of this article, the vehicle owner is subject to the enforcement provisions as provided herein. Section 3. Section. 2-570.33. "Schedule of civil penalties" is hereby amended to read as follows: Sec. 2-570.33. Schedule of civil penalties. 11 TABLE INSET: Code Description of Violation Civil Penalty Section *** *** *** $125.00, first offense $250.00, second 15-137 Adherence to Red Light Traffic Control Signals offense $500.00, each additional offense *** *** *** Section 4. If any section, sentence, clause or phrase of this ordinance is held to be invalid, the remaining portions of this ordinance shall not be affected. Section 5. The ordinance shall become effective in the manner provided by law. Section 6. The ordinance shall, upon adoption, be codified in the City of Opa-locka • Code of Ordinances. [REMAINDER OF PAGE LEFT INTENTIONALLY BLANK] 12 PASSED AND DULY ADOPTED THIS 25 day of JUNE , 2008. �� ► YOR ATTEST: ? Approved as to form and legal sufficiency: Y • ' .AC 1 O.-ASSISTANT CI Y AVORNE niP44, 06, 260 DATE/ Ordinance No. 08-07 Moved by: VICE MAYOR JOHNSON Second by: COMMISSIONER MILLER Commission Vote: 3-0 Commissioner Tydus: NOT PRESENT Commissioner Holmes: OUT OF ROOM Commissioner Miller: YES Vice-Mayor Johnson: YES Mayor Kelley: YES 13 op P.LOON. ti I. u �..�. n k,'g_IMF . ', O ,,b Q"OHA1 EO Memorandum TO: Mayor Joseph Kelley Vice-Mayor Myra L. Taylor Commissioner Dorothy Johnson Commissioner Timothy Holmes Commissioner Rose Tydus FROM: Bryan K. Finnie, Interim City Manager DATE: October 20,2009 RE: Red Light Camera Program Update Since the City Commission approved Resolution 09-7435 on February 25th, staff has been diligently working to create a red light camera program within the City of Opa-locka. In conjunction with American Traffic Solutions (ATS), staff has completed the following: • Executed the contract between ATS and the City of Opa-locka. • Drafted and recommended to the City Commission a municipal ordinance allowing civil infraction of red light runners (Ordinance 08-07 passed June 25th and became effective on July 5th) • Proposed 10 initial intersections for possible red light cameras. • Coordinated with the Finance Department to handle onsite payment and fund transfers. • ATS initially approved 5 intersections for suitability. • Three intersections were deemed suitable in terms of need, feasibility and cooperation from private property owners. • Negotiated contracts between ATS and property owners for use of private land at intersections. • Completed review and comments on all 12 forms, notices and letters to be used. • Completed ATS's 30 page Business Rules Questionnaire (BRQ) for implementation. • ATS has submitted plans and applied for appropriate permits for red light cameras. • The Building and Public Works Departments reviewed and approved the engineering plans for three sets of red light cameras. The Building Department has issued permits PW 2009- 37, PW 2009-38, Electrical Permit 17554 and Electrical Permit 17555. To date, ATS is scheduled to begin erecting red light cameras along three intersections within the next week with a construction time of less than one month. ATS plans to start the warning period on November 23`d. When completed, the program will have a 90 day warning period where violators shall be sent courtesy warning notices. After the 90 day warning period, the system shall "go live" and violations shall be enforced pursuant to Ordinance 08-07. The following intersections are to be implemented first: • North Bound—NW 27th Avenue @ Ali Baba Avenue • West Bound—Ali Baba Avenue @ NW 27th Avenue • East Bound—NW 135th Street @ NW 27th Avenue Additionally, the following needs to be completed before the "go live" date: • Complete community outreach to residents informing them of red light cameras. This shall include OPA TV 77 and notices within residents' water bills. • Hiring of a Special Master for the red light camera program. • Finalize coordination between ATS and the Finance Department. • Training of employees handling tasks relating to red light cameras. Finance, Police, IT and the City Manager's Office shall be involved. Separate from the "go live" deadline, staff from the Police, Public Works and City Manager's Office will be continuing to identify additional intersections with ATS for possible enforcement. Attached to this memorandum are aerial photographs of the three intersections that the City shall be installing red light cameras at. END OF MEMORANDUM ARTICLE XI. BOARDS, COMMISSIONS AND COMMITTEES Page 12 of 33 Sec. 2-570.27. General provisions for code enforcement violations and dispute resolution procedures. (a) Standards of conduct for parties, participants and special masters. Standards of conduct for parties, participants and special masters shall be adopted in a Special Master Dispute Resolution Manual and shall govern the proceedings unless waived or altered in the special master contract. (b) Special master dispute resolution manual. The city shall develop a special master dispute resolution manual, which shall specify the conduct of the parties, participants, and special masters, rules of procedures for the conduct of any hearing or meeting relevant to the dispute, standardized forms for use by the special master and participants as provided for under this chapter. (1) In all cases the requirements of this ordinance shall prevail over the provisions of the special master dispute resolution manual. (2) The special master dispute resolution manual and any amendments or revisions shall be approved by the city manager. (3) Until such time as the special master dispute resolution manual is prepared and approved, it shall be duty of the special master to specify the conduct of the parties and participants, rules and procedures for the conduct of any hearing or meeting relevant to the dispute, and forms for use in the resolution of the dispute. (Ord. No. 97-1, § 1, 1-22-97) Sec. 2-570.28. Special master selection. The city commission shall appoint no more than three (3) preapproved special masters and an alternate. The preapproved list of special masters shall consist of members of the Florida Bar in good standing who have been chosen by the special master selection committee. The special master selection committee shall consist of three (3) members including the code enforcement director, city manager or his/her designee, and the city attorney. (Ord. No. 97-1, § 1, 1-22-97) Sec. 2-570.29. Definitions. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning: Applicant: A property owner, tenant or someone who is substantially affected by an enforcement action or developmental order. City: City of Opa-locka, Florida. Clerk or clerk of code enforcement: The administrative staff person in the city's code enforcement division responsible for the preparation, development and coordination of all administrative and case management services necessary for the proper administration of the special master proceedings. Code: Any of the several chapters of the Code of Ordinances or zoning and development regulations of the city or the South Florida Building Code, Dade County Edition, as described in sec. 8.1-002 [sic]. Code enforcement officer or code inspector: Any designated employee or agent of the city whose duty it is to enforce codes and ordinances enacted by the city. There are hereby designated http://library 8.municode.com/default-test/DocView/11375/1/20/35 11/30/2009 01/1 Sponsored by: City Attorney jaso. RESOLUTION NO. .08-7 3 4 0 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA,FLORIDA,APPOINTING ANTHONY C. MUSTO AS A SPECIAL MASTER/MAGISTRATE PURSUANT TO ARTICLE XI, DIVISION 10,SUBDIVISION 2,SECTION 2-570.26 OF THE CITY OF OPA-LOCKA CODE OF ORDINANCES WHEREAS, pursuant to Article XI, Division 10, Subdivision 2, Section 2-570.26 of the City of Opa-locka Code of Ordinances, the City Commission of the City of Opa-locka ("City Commission")shall appoint up to three(3)Special Masters/Magistrates and one(1)alternate Special Master/Magistrate; and WHEREAS,pursuant to said relevant code,all appointed Special Masters/Magistrates and any alternates are required to be members of the Florida Bar and in good standing; and WHEREAS,the Special Master/Magistrate Selection Committee has held no less than three meetings to review all applicants, interview and select members with experience who meet the requirements of the relevant City Code; and WHEREAS, the City Commission desires to accept the recommendation of the Special Master/Magistrate Selection Committee and appoint one (1) Special Masters/Magistrate who is a member in good standing with the Florida Bar. NOW,THEREFORE,BE IT DULY RESOLVED BY THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA: Section 1. The recitals to the preamble herein are incorporated by reference. Section 2. The City Commission of the City of Opa-locka hereby appoints the following Resolution No. 08-7340 member of the Florida Bar as a Special Master/Magistrate to perform the duties and responsibilities as outlined by the City of Opa-locka Charter, City of Opa-locka Code of Ordinances and Florida laws, as applicable: Anthony C.Musto -- Special Master/Magistrate Section 3. This Resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 1 n day of Sep 2008. L. , EY MA. OR Attest: Approved as to form and legal sufficiency: ./1~ ''�� 7/` ' ebor. S. Irby : • ette Norri eeks City Cl k City Attorney Moved by: JOHNSON Seconded by: MILLER - Commission Vote: 5-0 Commissioner Tydus: YES Commissioner Holmes: YES Commissioner Miller: YES Vice-Mayor Johnson: YES Mayor Kelley: YES SPECIAL MAGISTRATE PROFESSIONAL SERVICES CONTRACT THIS SPECIAL MAGISTRATE PROFESSIONAL SERVICES CONTRACT ("Professional Services Contract") is hereby made and entered into, in duplicate, in Miami-Dade County, Florida, this jo day of October 2008, by and between the City of Opa-Locka, Florida hereinafter referred to as "CITY," being party of the first part, and attorney Anthony C. Musto, Esq. hereinafter referred to as"Attorney," party of the second part. RECITALS WHEREAS, the City was in need of a special magistrate for code enforcement hearings; and WHEREAS, pursuant to Article XI, Division 10, Subdivision 2, Section 2- 570.26.of the City of Opa-locka Code of Ordinances, the City Commission of the City of Opa-locka is permitted to appoint up to three (3) Special Masters/Magistrates and one (1) alternate Special Master/Magistrate; and WHEREAS, pursuant to the relevant ordinance, Attorney was selected and is a member of the Florida Bar in good standing; and WHEREAS, Attorney agrees to familiarize himself/herself with all applicable city ordinances related to code enforcement issues; NOW THEREFORE, in consideration of the mutual covenants and promises herein contained and the mutual exchange of other good and valuable consideration, the receipt of which is hereby acknowledged, it is mutually agreed, promises and covenanted as follows: 1.0 ENGAGEMENT OF PROFESSIONAL SERVICES. City does hereby agree to engage and retain Attorney as a Special Magistrate, and ATTORNEY does hereby agree to accept such engagement by the City in the capacity of "Special Magistrate" in accordance with the terms and conditions and provisions of this engagement as set forth herein and in accordance with pertinent provisions of Florida Statutes, City of Opa-Locka Code of Ordinances and all other applicable provisions of Florida law. 2.0 TERM OF ENGAGEMENT. The term of engagement shall commence on October , 2008 and terminate in the manner provided for in Paragraph 3 of this Contract. 3.0 TERMINATION. This Special Magistrate Professional Services Contract may be terminated by either the City Commission or the Attorney at any time on thirty (30) days written notice to the other party. , {Deleted: it Formatted:Centered • 1 • 4.0 SCOPE OF SERVICES. City and Attorney mutually understand and agree that the scope of legal services to be provided by Attorney shall be exclusively limited to code enforcement issues. Attorney shall work with the City Attorney and Assistant City Attorneys for the City of Opa-locka, the City Manager or her/his designee(s) to carry out the requirements of this Agreement. Attorney shall attend all code enforcement meetings in a timely manner and prepare reports and orders as necessary. 5.0 PAYMENT FOR PROFESSIONAL SERVICES RENDERED. Full payment and compensation for Attorney's professional services rendered pursuant to this Professional Services Contract shall be billed at an hourly rate of$115.00. In the event of termination pursuant to Paragraph 3 of this Professional Services Contract, Attorney shall be entitled only to such compensation as shall have accrued on a pro rata basis to the date of said early termination. Attorney shall submit a monthly billing statement to the City and such statements shall contain the date(s) of service and hours. 6.0 COSTS AND EXPENSES: Costs and expenses are not reimbursable by City. 7.0 ATTORNEY INDEPENDENCE. It is important that Attorney be independent and impartial in order to properly perform and provide the professional services to the City. Attorney is shall not act as counsel in any lawsuit or other adversary proceeding in which City is named as an adversary party or in which Attorney takes an adverse position to the City. 8.0 CONFLICT OF INTEREST. Attorney acknowledges that it is familiar with and will at all times comply with the provisions of Florida Statutes, Chapter 112 relating to the Code of Ethics, County code of ethics and City Ordinances as they may apply to Attorney. 9.0 PUBLIC RECORDS. Attorney and City mutually understand that the attorney-client and attorney work-product privileges may protect certain documents and information from voluntarily disclosure. However Attorney and City acknowledge and agree that such documents and information may be disclosed if required by Florida Statutes, Chapter 119 relating to Florida Public Records Acts, or other applicable Florida law, with prior notice to the City, and appropriate redaction if required; and further that such documents shall be disclosed, with prior notice to the City, if compelled by court order. 10. INDEPENDENT CONTRACTOR RELATIONSHIP. Nothing contained in this Professional Services Contract or any document executed in connection herewith, shall be construed to create an employer-employee relationship, partnership or joint venture relationship between the City and Attorney. Attorney is an independent contractor and not an employee of the City. The consideration set forth in Professional Services Contract shall be the sole consideration due Attorney {Formatted:Centered j 2 • for the services rendered hereunder. It is understood that the City will not withhold any amounts for payment of taxes from the compensation of Attorney hereunder. Attorney will not represent itself to be or hold itself out as an employee of the City and Attorney hereby acknowledges that he or she shall not have the right or entitlement in or to any of the pension, retirement or other benefit programs now or hereafter available to the City's regular employees. Any and all sums subject to deduction, if any, required to be withheld and/or paid under any applicable state or federal laws shall be Attorney's sole responsibility and Attorney shall indemnify and hold Attorney harmless from any and all damages, claims and expenses arising out of or resulting from any claims asserted by any taxing authority as a result of or in connection with said payments. 11. INDEMNIFICATION. Attorney shall at all times hereafter agree to indemnify and hold harmless City, its officers, agents, employees and servants against any and all claims, actions, petitions, or disputes or losses of any nature whatsoever, whether in law, equity or administrative, including attorneys fees, costs, expenses, or judgments caused by or arising from the negligent act(s) or omission(s) of Attorney, or its employees, agents, servants or officers, arising out of or resulting from or pertaining to Attorney's performance of the scope of services contemplated by this Professional Services Contract, including any and all claims, demands, or causes of actions or damages sustained by any person. The provision of this paragraph shall survive the termination of this Professional Services Contract. 12. NOTICE. Whenever either party is required to give notice to the other, such notice shall be delivered by United States mail, return receipt requested or by hand delivery addressed to the party for whom it is intended at the place specified by this paragraph. The place for giving notice shall remain the same as set forth in this Professional Services Contract, unless changed in writing and provided in the manner provided by this paragraph. The parties designate the following as the effective persons and place for providing notice to the other: CITY: Jannie Beverly, City Manager 780 Fisherman Street, Fourth Floor Opa-Locka, FL 33054 with a copy to: Burnadette Norris-Weeks, P.A. Burnadette Norris,Weeks, Esquire {Deleted:- 401 North Avenue of the Arts Fort Lauderdale, FL 33311 ATTORNEY: Anthony C. Musto, Esquire ,•{Formatted:Centered 3 13. MISCELLANEOUS: This Professional Services Contract sets forth the entire agreement between the parties hereto. Any prior oral conversations or writings are merged herein and extinguished. No subsequent amendment to this Contract shall be binding upon the City or the Attorney unless reduced to writing and properly signed and executed by both parties. This Professional Services Contract shall be governed by the laws of the State of Florida. The invalidity or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of any other provision. IN WITNESS WHEREOF, the parties have caused this Independent Contractor/Professional Services Contract to be executed this 9 K day of October 2008. WITNESSES AS TO ALL PARTIES City of Opa-Locka, Florida atfet 01,41//),. By: t ,`�,,l 101,10 )o g 0(41Leeti Jannie Beverly, City Manager 11 ,,,,;\ Attorney/Special Magistrate By: Anthony C. M sto, Esquire {Formatted:Centered 4 Attest: Approved as to form and legal sufficiency: ‘AdditiL4°P ) DEBO S IRBY ' ADETTE NORIiIS-WEEKS, P.A. CITY CLERK CITY ATTORNEY