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R22-0051 RESOLUTION NO. R22- 005 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, 4 APPROVING AND AUTHORIZING THE CITY MANAGER TO SIGN 5 A TWO (2) YEAR AGREEMENT WITH THREE (3) ONE YEAR 6 RENEWALS WITH HILARY R. ZALMAN, ESQ. TO SERVE AS 7 SPECIAL MAGISTRATE PURSUANT TO CH. 2, ARTICLE V OF THE 8 CITY CODE AND CH. 162 FLORIDA STATUTE; AND PROVIDING 9 AN EFFECTIVE DATE. 10 11 WHEREAS, the existing agreement with Ms. Hilary R. Zalman through RFQ No. 005 12 2120-18/ IT was approved on January 19, 2018 and will expire on January 17, 2022; and 13 WHEREAS, this request is to re -appoint Ms. Hilary R. Zalman, Esq. as Special Magistrate 14 for the City of Boynton Beach pursuant to Chapter 2, Article V. of the City Code and Chapter 15 162 Florida Statue; and 16 WHEREAS, the City Commission of the City of Boynton Beach upon recommendation 17 of staff, deems it to be in the best interest of the citizens of the City of Boynton Beach to 18 approve and authorize the City Manager to sign a two (2) year agreement with three (3) one 19 year renewals with Hilary R. Zalman, Esq. to serve as Special Magistrate pursuant to Ch. 2, Article 20 V of the City Code and Ch. 162 Florida Statute. 21 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF 22 BOYNTON BEACH, FLORIDA, THAT: 23 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 24 being true and correct and are hereby made a specific part of this Resolution upon adoption. 25 Section 2. The City Commission of the City of Boynton Beach, Florida, hereby 26 approves and authorizes the City Manager to sign a two (2) year agreement with three (3) one 27 year renewals with Hilary R. Zalman, Esq. to serve as Special Magistrate pursuant to Ch. 2, Article S:\CA\RESO\Agreements\Special Magistrate Agreement (Zallman) - Reso.docx am 28 V of the City Code and Ch. 162 Florida Statute. A copy of the Agreement is attached hereto 29 and incorporated herein as Exhibit "A". 30 Section 3. That this Resolution shall become effective immediately. 31 PASSED AND ADOPTED this 4th day of January, 2022. 32 CITY OF BOYNTON BEACH, FLORIDA 33 YES NO 34 35 Mayor — Steven B. Grant 36 37 Vice Mayor — Woodrow L. Hay ✓ 38 39 Commissioner —Justin Katz 40 41 Commissioner —Christina L. Romelus ✓ 42 43 Commissioner — Ty Penserga ✓ 44 FF 45 VOTE U 0 46 ATTEST: 47 OW zV7 ll/ 48 49 Crystal Gibso ,MMC 50 City Clerk 51 52 53 (Corporate Seal) 1920 1 S:\CA\RESO\Agreements\Special Magistrate Agreement (Zaliman) - Reso.docx -2- eta -ori AGREEMENT FOR SPECIAL MAGISTRATE SERVICES FOR COMMUNITY STANDARDS DEPARTMENT In THIS AGREEMENT, made and entered into the day of c�sw , 20_2,1by and between: CITY OF BOYNTON BEACH, a Florida municipal corporation, having the address, 100 E. Ocean Avenue, Boynton Beach, Florida 33435 (hereinafter referred to as "CITY"), AND Zalman Law, P.A., a Florida corporation, having the business of 7050 Montrico Drive, Boca Raton, Florida 3 343 3. 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, on December 2, 2021, the City issued a Request for Quotations for Special Magistrate Services - Community Standards. On December 7, 2021, Hilary R. Zalman on behalf of Zalman Law, P.A. submitted a written response to the City's Request for Quotations; and WHEREAS, Hilan, R. Zalman (hereinafter referred to as the "SPECIAL MAGISTRATE" is the Director and Owner of Zalman Law, P.A. and is qualified to serve as the City's 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 WHEREAS, CITY and SPECIAL MAGISTRATE, wish to enter into this Agreement in order to set out the terms and conditions of employment related to this appointment; 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 out in this agreement. Said invoice shall be submitted to: City of Boynton Beach Community Standards 100 E. Ocean Avenue Boynton Beach, FL 33435 C. Payment shall be made monthly to the SPECIAL MAGISTRATE and sent by First Class U.S. Mail to: Zalman Law, P.A. Attn: Ms. Hilary R. Zalman, Esquire 7050 Montrico Drive Boca Raton, FL 33433 Section 5. Term of Agreement. A. This Agreement shall be effective upon the approval of the City Commission and shall be effective for a two (2) year tern with the option for three one-year renewals. This Agreement with the SPECIAL MAGISTRATE may be terminated at any time by the City Commission and without cause. The SPECIAL MAGISTRATE acknowledges that they serve at the will and pleasure of the City Commission. B. The Agreement with the SPECIAL MAGISTRATE may be terminated by either party at will upon thirty (30) calendar days' written notice to the other party. The notices specified herein will be sent to the address set forth in Section 4. Section 6. Amendments; Assienments. A. No modification, amendment or alteration in the terms of 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 consent of CITY. REMAINDER OF THIS PAGE LEFT BLANK. SIGNATURE PAGE FOLLOWS. 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 above 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 Zalman Law, P.A. and shall be responsible for fulfilling all of the City of Boynton Beach Community Standards 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 will 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 he is a member in good standing of the Florida Bar engaged in the private practice of law. Further, SPECIAL MAGISTRATE acknowledges that he has no existing client relationship, which would pose a conflict of interest to his service as a Special Magistrate for CITY. Section 4. Payment. A. CITY agrees to pay SPECIAL MAGISTRATE9$ 0.00 per hour or fractional part thereof for time spent by the SPECIAL MAGISTRATE in preparation and research for special Magistrate hearings, for attendance at said hearings, and if required, for drafting appropriate orders and documents which result from such hearings. 2 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 out in this agreement. Said invoice shall be submitted to: City of Boynton Beach Community Standards 100 E. Ocean Avenue Boynton Beach, FL 33435 C. Payment shall be made monthly to the SPECIAL MAGISTRATE and sent by First Class U.S. Mail to: Zalman Law, P.A. Attn: Ms. Hilary R. Zalman, Esquire 7050 Montrico Drive Boca Raton, FL 33433 Section 5. Term of Agreement. A. This Agreement shall be effective upon the approval of the City Commission and shall be effective for a two (2) 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 Commission and without cause. The SPECIAL MAGISTRATE acknowledges that they serve at the will and pleasure of the City Commission. B. The Agreement with the SPECIAL MAGISTRATE may be terminated by either party at will upon thirty (30) calendar days' written notice to the other party. The notices specified herein will be sent to the address set forth in Section 4. Section 6. Amendments: Assignments. A. No modification, amendment or alteration in the terms of 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 consent of CITY. REMAINDER OF THIS PAGE LEFT BLANK. SIGNATURE PAGE FOLLOWS. 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. ATTEST: UU71M KIM MoMMI I VA so M on CITY CITY OF BOYNTON BEACH, FLORIDA: 4 iv Lori LaVerriere, City Manag SPECIAL MAGISTRATE clary R. Zal , --sq. - - State of Florida County of Palm Beach The foregoing uistrument was acknowledged before me, the undersigned Notary Public in and for the State of Florida, on this, the -74" day of N—Ce"pf , 2021 by WITNESS my hand and official seal N t Public, State of Elizabeth Castellanos SMC Printed, typed or stamped name of Notary Public WCOId1�Sl01IG92439t8 exactly as commissioned '%£R �•'' Boom it" goanPdkVhaN.da - Personally known to me, or Produced identification: Personally Known (type of identification produced) 4 �'� Arch Insurance r ARCH INSURANCE COMPANY (A Missouri Corporation) Home Office Address: 2345 Grand Blvd, Suite 900 Kansas City, MO 64108 Administrative Address: 300 Plaza Three, 3'd Floor Jersey City, NJ 07311 Tel: (866) 413-5550 LAWYERS PROFESSIONAL LIABILITY POLICY DECLARATIONS Policy Number: 11LPL14217700 Renewal Of: THIS IS A CLAIMS MADE AND REPORTED POLICY. CLAIMS MUST BE FIRST MADE AGAINST THE INSURED DURING THE POLICY PERIOD AND REPORTED IN WRITING TO THE COMPANY NO LATER THAN SIXTY (60) DAYS AFTER THE END OF THE POLICY PERIOD OR DURING AN EXTENDED REPORTING PERIOD, IF APPLICABLE. THE PAYMENT OF CLAIM EXPENSES REDUCES THE LIMITS OF LIABILITY. PLEASE READ THE ENTIRE POLICY CAREFULLY. Item 1. Named Insured: Zalman Law PA Mailing Address: 7050 Montrico Drive Boca Raton, FL 33433 Item 2. Producer Name: Target Professional Programs Producer Address: 1230 East Diehl Road Suite 350 Naperville, IL 60563 Producer License Number and State: 100311875 IL Item 3. Policy Period: From: 2/12/2021 To: 2/12/2022 (12:01 A.M. Standard time at the address stated in Item 1.) Item 4. Limits of Liability and Deductible Aggregate Limit of Liability: $ 500,000 Policy Period Insuring Agreement Limits and Deductibles: INSURING AGREEMENT LIMITS OF LIABILITY DEDUCTIBLE A. Legal Services $ 250,000 Each Claim $ 5,000 Each Claim $ 0 Aggregate $25,000 Each Disciplinary Proceeding B. Disciplinary Proceedings $25,000 Aggregate $0 C. Non -Party Subpoena $50,000 Each Insured $0 Expenses $100,000 Aggregate 05 LPL0400 00 06 16 Page 1 of 2 Item 5. Premium: Number of lawyers: 1 $ 4,800.00 Item 6. Notices to Insurer: Claims or Potential Claims_: Arch Insurance Company 1299 Farnam Street, Suite 500 Omaha, NE 68102 P.O. Box 542033 Omaha, NE 68154 Phone: 877 -688 -ARCH (2724) Fax: 866-266-3630 E-mail: Claims(diArchinsurance.com All other Notices: Arch Insurance Company Professional Liability Underwriting One Liberty Plaza, 53rd Floor New York, NY 10006 Fax: (212) 651-6499 Item 7. Endorsements: See Attached schedule of endorsements and notices. 05 LPL0400 00 06 16 Page 2 of 2 SCHEDULE OF FORMS AND ENDORSEMENTS NAMED INSURED: Zalman Law PA TERM: 2/12/2021 to 2/12/2022 POLICY NUMBER: 11LPL14217700 ENDT. NO. I FORM NO. TITLE 05 ML 0002 00 1214 AIC Signature Page 00 LPLO401 00 06 16 Policy Form 00 ML 0065 00 0607 OFAC 1 00 LPLO427 00 06 16 Prior Acts Exclusion Endorsement 2 00 LPLO402 00 06 16 Network Security Endorsement No Charge 3 00 LPLO439 10 06 16 FL State Amendatory Endorsement 00 ML0012 00 01 03 Page 1 of 1 �'-4 Arch Insurance r Florida Signature Page IN WITNESS WHEREOF, Arch Insurance Company has caused this policy to be executed and attested. vC�-L yk'L�� John Mentz Regan Shulman President Secretary 05 ML0002 00 12 14 Page 1 of 1 PURCHASE ORDER CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 100 EAST OCEAN AVE P.O. BOX 310 P.O. # : 220200 BOYNTON BEACH, FLORIDA 33425-0310 DATE: 10/02/21 VENDOR 16984 TO: ZALMAN LAW, P.A. HILARY OSTREGA, ESQ. 7050 MONTRICO DR. BOCA RATON, FL 33433 SHIP TO: City of Boynton Beach COMMUNITY STANDARDS 100 EAST OCEAN AVE BOYNTON BEACH, FL 33435 EXTENDED LINE# QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST COST SPECIAL MAGISTRATE SERVICES EFFECTIVE DATE: 10/01/21 EXPIRATION DATE: 10/31/22 NOT TO EXCEED: 10200.00 REMARKS: BLANKET PURCHASE ORDER NOT TO EXCEED $35,000 WITHOUT COMMISSION APPROVAL PROCUREMENT SERVICES: P.O. TOTAL: ACCOUNT NO. PROJECT RECEIVING