R14-004 II
1 RESOLUTION NO. Rio -Da
2 I
3 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
4 BOYNTON BEACH, FLORIDA APPOINTING CAROL DUTRA ELLIS
5 TO SERVE AS CODE COMPLIANCE SPECIAL MAGISTRATE;
6 AUTHORIZING THE CITY MANAGER TO ENTER INTO AN
7 AGREEMENT FOR SPECIAL MAGISTRATE SERVICES; AND
8 PROVIDING FOR AN EFFECTIVE DATE.
9
10 WHEREAS, Chapter 162, Florida Statutes, provides that municipalities may contract
11 with Special Magistrates as an alternative method of hearing code enforcement cases; and
12 WHEREAS, at its meeting of November 5, 2013, the City Commission authorized
13 the City Manager to take all steps necessary to retain Special Magistrate Services for the
14 purposes established by Ordinance No. 13 -030, the City's Code of Ordinances, and Florida
15 law; and
16 WHEREAS, on or about November 26, 2013, the City issued a Request for
17 Quotations for Code Compliance Special Magistrate Services. On or about December 11,
18 2013, Carol Dutra Ellis submitted a written response to the City'S Request for Quotations;
19 and
20 WHEREAS, Carol Dutra Ellis (hereinafter referred to as the "SPECIAL
21 MAGISTRATE ") is the Owner and Managing Attorney at the Law Offices of Carol D. Ellis,
22 P.A. and is qualified to serve as the City's Special Magistrate; and
23 WHEREAS, the City Commission of the City of Boynton Beach, Florida deems it to
24 be in the best interest of the citizens and residents of the City of Boynton Beach to appoint
25 Carol Dutra Ellis to serve as Code Compliance Special Magistrate and to authorize the City
26 Manager to enter into an Agreement for Special Magistrate Services with Carol Dutra Ellis.
27 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
28 THE CITY OF BOYNTON BEACH, FLORIDA:
1
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1 Section 1: The foregoing "WHEREAS" clauses are hereby ratified and confirmed
2 ; as being true and correct, and are incorporated herein by this reference.
3 Section 2: That the City Commission of the City of Boynton Beach, Florida
4 hereby appoints Carol Dutra Ellis to serve as Code Compliance Special Magistrate and
5 authorizes the City Manager to enter into an Agreement for Special Magistrate Services with
6 Carol Dutra Ellis, a copy of which is attached hereto as Exhibit "A ".
7 Section 3: This resolution shall become effective upon its passage and adoption by the
8 City Commission.
9 PASSED AND ADOPTED this / 7 4' day of 3 2014.
10
11 CITY OF BOYNTON BEACH
12 ��
13 i
14 . or - Je a ay
15
16
17 V' - i • or — Wood
18
19
20 CO" e — 7'avid T. -r
21
22
23 C mmiss ner ichael M. Fi •atrick
24
25
26 Co missioner — Joe Casello
27 ATTEST:
28
29 �
30 Jane' M. Prainito, MMC
31 • ' Clerk
32
33 Y
34 ( I; "ato
o
3
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AGREEMENT FOR SPECIAL MAGISTRATE SERVICES
�h
THIS AGREEMENT, made and entered into the �� day of 0 u1/4,Ck-X- c,
20 i'l by and between:
CITY OF BOYNTON BEACH, a Florida municipal corporation,
having the address, 100 E. Boynton Beach Blvd, Boynton Beach„
FL 33425 (hereinafter referred to as "CITY "),
AND
Carol Dutra Ellis, Esquire, a sole practitioner, having the business
address of 500 Australian Avenue, South, Suite 600, West Palm
Beach, Florida 33401 (hereinafter referred to as "SPECIAL
MAGISTRATE ").
WITNESSETH:
WHEREAS, Chapter 162, Florida Statutes, provides that municipalities may contract
with Special Magistrates as an alternative method of hearing code enforcement cases; and
WHEREAS, at its meeting of November 5, 2013, the City Commission of CITY
authorized the City Manager to take all steps necessary to retain Special Magistrate Services for
the purposes established by Ordinance No. 13 -030, the City's Code of Ordinances, and Florida
law; and
WHEREAS, on or about November 26, 2013, the CITY issued a Request for Quotations
for Code Compliance Special Magistrate Services. On or about December 12, 2013, SPECIAL
MAGISTRATE submitted a written response to the CITY'S Request for Quotations; and
WHEREAS, Carol Dutra Ellis (hereinafter referred to as the "SPECIAL
MAGISTRATE ") is the Owner and Managing Attorney at the Law Offices of Carol D. Ellis,
P.A. and is qualified to serve as Special Magistrate; and
WHEREAS, the SPECIAL MAGISTRATE is not a charter officer of the City of Boynton
Beach; and
WHEREAS, the SPECIAL MAGISTRATE is not an officer pursuant to Article II,
Section 5(a) of the Florida Constitution; and
WHEREAS, the SPECIAL MAGISTRATE serves at the pleasure and at the will of the
City Commission of CITY; and
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WHEREAS, CITY and SPECIAL MAGISTRATE wish to enter into this Agreement in
order to set out the terms and conditions related to this appointment;
NOW THEREFORE, in consideration of the mutual terms and conditions, promises, covenants
and payments hereinafter set forth, CITY and SPECIAL MAGISTRATE agree as follows:
Section 1. Recitals. The recitals and findings set forth above are hereby adopted by
reference and incorporated herein as if fully set forth in this section.
Section 2. Designee. SPECIAL MAGISTRATE shall serve as the designee of the Law
Offices of Carol D. Ellis and shall be responsible for fulfilling all of the City of Boynton Beach
Code Compliance Special Magistrate obligations as set forth herein.
Section 3. Services.
A. SPECIAL MAGISTRATE agrees to provide Special Magistrate services by
adjudicating code enforcement cases that may be assigned to SPECIAL
MAGISTRATE by CITY. The dates and times of the Special Magistrate hearings
shall be established by the CITY and may be amended from time to time.
SPECIAL MAGISTRATE understands that Special Magistrates may be utilized
for hearings on a rotational basis.
SPECIAL MAGISTRATE is authorized to hear cases involving but not limited to,
vacant properties, multi - family residential properties, neighborhood preservation,
non - residential properties, cases involving an immediate threat to health and
safety, among other violations of the City Code.
B. SPECIAL MAGISTRATE agrees that at the conclusion of each hearing, a written
order, which shall include findings of fact and conclusions of law, shall be
promptly prepared and executed by SPECIAL MAGISTRATE, and furnished to
the CITY. The CITY shall be responsible for furnishing a copy of the order to the
applicable parties.
C. SPECIAL MAGISTRATE is an independent contractor under this Agreement.
Services provided by SPECIAL MAGISTRATE shall not be as officer or
employee of CITY.
D. SPECIAL MAGISTRATE acknowledges that she is a member in good standing
of the Florida Bar engaged in the private practice of law. Further, SPECIAL
MAGISTRATE acknowledges that she has no existing client relationship which
would pose a conflict of interest to her service as a Special Magistrate for CITY.
E. SPECIAL MAGISTRATE affirms that upon receipt of each Code Compliance
Agenda, she will conduct a conflict check to confirm that she does not have a
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client relationship with any of the respondents on the docket. In the event of such
conflict, SPECIAL MAGISTRATE will immediately notify the CITY'S Code
Compliance Department so that the item can be removed from the Agenda.
F. SPECIAL MAGISTRATE understands and acknowledges that she may not serve
as Special Magistrate for more than one public entity.
Section 4. Payment.
A. CITY agrees to pay SPECIAL MAGISTRATE $100.00 per hour or fractional part
thereof for time spent by the SPECIAL MAGISTRATE in preparation and
research for special Magistrate hearings, for attendance at such hearings, and if
required, for drafting appropriate orders and documents which result from such
hearings.
B. SPECIAL MAGISTRATE agrees to provide CITY with a monthly invoice
outlining the services provided and time billed as SPECIAL MAGISTRATE
under the conditions set forth in this agreement. Such invoice shall be submitted
to:
City of Boynton Beach
Code Compliance Division
100 E. Boynton Beach Blvd.
Boynton Beach, FL 33435
ATTN: Ms. Diane Springer, Code Compliance Coordinator
C. Payment shall be made monthly to the SPECIAL MAGISTRATE and sent by
First Class U.S. Mail to:
Carol Dutra Ellis, Esquire
500 Australian Avenue, South
Suite 600
West Palm Beach, Florida 33401
Section 5. Term of Agreement.
A. This Agreement shall be effective upon the approval of the City Commission and
shall remain effective for an initial one year term, with the option for three one-
year renewals. This Agreement with the SPECIAL MAGISTRATE may be
terminated at any time by the City and without cause. The SPECIAL
MAGISTRATE acknowledges that she serves at the will and pleasure of the City
Commission.
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B. This Agreement with the SPECIAL MAGISTRATE may be terminated at any
time by the City and without cause. The Agreement may be terminated by
SPECIAL MAGISTRATE upon thirty (30) calendar days' written notice to the
CITY. The notices specified herein shall be sent to the addresses set forth in
Section 4, supra.
Section 6. Amendments; Assignments.
A. No modification, amendment or alteration in the terms or conditions of this
Agreement shall be effective unless contained in written document executed with
the same formality and of equal dignity herewith.
B. SPECIAL MAGISTRATE agrees that the services provided in this Agreement are
personal in nature and may not be assigned or transferred to any other party
without the prior written consent of CITY.
REMAINDER OF THIS PAGE LEFT BLANK. SIGNATURE PAGE FOLLOWS.
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IN WITNESS WHEREOF, the CITY OF BOYNTON BEACH AND SPECIAL
MAGISTRATE have caused these present to be executed in their respective names by the proper
officials the day and year first above written.
CITY
ATTEST: CITY OF BOYNTON BEACH, FLORIDA:
eal I , t r) / -� 4/4-4-4-4-46C--
'rainito, City Clerk G' on LaVerriere, City Manager
APPRO, D / T► FORM: Zs U
OFF C . E OF T ' CITY ATTORNEY �~ T o N
SPECI MAGISTRATE
K A„
BY: Carol Dutra Ellis, Esq.
State of 1 t 011 Cka.
County of - Pal 111 PI'CtC - 0
The foregoing instrument was acknowledged before me, the undersigned Notary Public
in and for the State of Florida, on this, the C V"' day of 1 an ,41M , 20 h by
WITNESS my hand
and official seal . 4� -----
Notary Public, State of 7 \ 011C0`-
0la A∎cL -
__, MADELINE F ®STER t--0
`'rd;""�': Printed, typed or stamped name of Notary Public
•"c MY COMMISSION # EE100009 • ''' '
EXPIRES June 05, 2015 exactly as commissioned
(407) 398-0153 FloridallotaryService com
Personally known to me, or
Produced i entification:
(type of identification produced)
H 1 CLIENTSIBB 3061_900182 GM\AGREEMENTS1Code Compliance Special Magistrate Agreement.docx
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