R13-09013 WHEREAS, Ankur R. Sevak, meets the requirements set forth in the City of Boynton
14 Beach Code to serve as Special Magistrate to preside over local red light camera hearings as
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MORE MON4TWIT- � 1 11,
20 Ankur R. Sevak of Mitrani, Rynor, Adamsky & Toland, P.A., to serve as additional Special
21 Magistrate and to authorize the City Manager to enter into an Agreement for Special
O-P 3 NOW, THEREFORE,
P71 111 Wei 11041111 1:111 1111 111 1 � � I
k 5 Section 1: The foregoing "WHEREAS" clauses are hereby ratified and confirmed
26 as being true and correct, and are incorporated herein by this reference.
27 Section 2: That the City Commission of the City of Boynton Beach, Florida
I IIVATA
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additional Special Magistrate and authorizes the City Manager to enter into an Agreement for
Special Magistrate Services with Ankur R. Sevak of Mitrani, Rynor, Adamsky & Toland,
P.A., a copy of which is attached hereto as Exhibit "A".
Section 3: This resolution shall become effective upon its passage and adoption by the
City Commission.
CITY OF BOYNTON BEACH
ATTEST:
. A��a
J t M. Prainito, MMC ity - Clerk
2
S:\CC\WP1Resolutions120131RI3-090 - Reso Magistrate _Appointment(Sevak).Doe
-
`"
THIS AGREEMENT, made and entered into th day of
2013 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'),
_E
itrani, Rynor, Adamsky, & Toland, P.A., a law firm having the
business address 301 Arthur Godfrey Road, Penthouse, Miami
Beach, FL 33140 (hereinafter referred to as "LAW FIRM ").
ITNESSET:
WHEREAS, the City of Boynton Beach ( "City ") has home rule authority pursuant to
Article VII, Section 2 of the Florida Constitution and Chapter 166, Florida Statutes, to provide
for enforcement of violations of the City's Code of Ordinances and other violations of law
through the use of Special Magistrates; and,
WHEREAS, in 2008, the City Commission adopted Ordinance No. 2008 -034, which
authorized the use of unmanned traffic infraction detectors (red light cameras) to enforce red
light violations within the City; and,
WHEREAS, In 2010, the Florida Legislature adopted the "Mark Wandall Traffic Safety
Program," § 316.0083, Florida Statutes (the "State Act "), which, among other things, expressly
preempted to the State the subject matter of using unmanned cameras /monitoring devices,
referred to as traffic infraction detectors, in the State Act as defined therein, to enforce violations
of red light indications on traffic control devices as of July 1, 2010; and,
WHEREAS, on July 20, 2010, the City Commission adopted Ordinance 2010 -015, to
conform the City's Code of Ordinances to the State Act; and,
WHEREAS, during the 2013 Legislative Session, the Florida Legislature passed
legislation, Chapter 2013 -160, Laws of Florida, which provides for municipalities to conduct
local hearings for persons that receive Notices of Violation (NOV) and request a hearing to
contest such NOV; and,
WHEREAS, at its meeting of June 18, 2013, the City Commission adopted Ordinance
2013 -019 to conform the City's red light camera program to the new State Act; and
WHEREAS, at its meeting of June 18, 2013, the City Commission, pursuant to
Ordinance 2013 -019, authorized the City Administration to take all steps necessary to implement
Page 1
the red light camera Notice of Violation hearings required by state law, including the hiring of
Special Magistrates; and
WHEREAS, Ankur R. Sevak (hereinafter referred to as the "SPECIAL MAGISTRATE ")
is an attorney at Mitrani, Rynor, Adamsky, & Toland, P.A. and qualified to serve a 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, as designee of Mitrani, Rynor,
Adamsky, & Toland, P.A., wishes to enter into this Agreement in order to set out the terms and
conditions of employment related to this appointment;
NOW THEREFORE, in consideration of the mutual terms and conditions, promises, covenants
and payments hereinafter set forth, CITY and Mitrani, Rynor, Adamsky, & Toland, P.A., 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. Desienee. SPECIAL MAGISTRATE shall serve as Mitrani, Rynor, Adamsky, &
Toland, P.A.'s designee and shall be responsible for fulfilling all of Mitratni, Rynor, Adamsky,
& Toland, P.A.'s obligations as set forth herein.
Section 3. Services.
A. SPECIAL MAGISTRATE agrees to provide Special Magistrate services by
adjudicating red light camera 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 any and all red light camera
matters as specified by Florida law and authorized by 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, either
Page 2
electronically or manually, in the manner specified by the CITY and in
compliance with the State law. 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 an officer or an
employee of the CITY.
D. SPECIAL MAGISTRATE is a member in good standing of the Florida Bar
engaged in the private practice of law.
E. SPECIAL MAGISTRATE has no existing client relationship which would pose a
conflict of interest to his service as a Special Magistrate for CITY. SPECIAL
MAGISTRATE does not currently prosecute red light camera violations in any
form and does not intend to prosecute such violations in the foreseeable future.
Should SPECIAL MAGISTRATE commence prosecution of red light camera
violation cases, SPECIAL MAGISTRATE shall not be permitted to adjudicate the
CITY'S red light camera cases, and this agreement shall terminate immediately
without any further action required by the CITY.
Section 4. Payment.
A. CITY agrees to pay LAW FIRM One Hundred Forty Dollars and 00/100
($140.00) 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. LAW FIRM 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, Attention: Accounts Payable, 100 E. Boynton Beach Blvd, Boynton
Beach, FL 33425.
C. Payment shall be made monthly to the LAW FIRM at:
Mitrani, Rynor, Adamsky, & Toland, P.A.
301 Arthur Godfrey Road, Penthouse
Miami Beach, FL 33140
Section 5. Term of Agreement.
Page 3
A. This Agreement shall be effective upon the approval of the City Commission and
shall be effective until terminated by the CITY or as otherwise provided herein.
This Agreement with the LAW FIRM may be terminated at any time by the City
Commission and without cause.
B. The Agreement may be terminated by LAW FIRM upon thirty (30) calendar
days' written notice to the CITY.
Section 6. Amendments, Assignments.
A. No modification, amendment or alteration in the terms of conditions of this
Agreement shall be effective unless contained in a 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 the CITY.
THE REST OF THIS PAGE HAS BEEN INTENTIONALLY LEFT BLANK.
Page 4
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 fijogib
m written.
ATTEST:
Jane Prainito, City Clerk
State of LL ar 64-
County of tom
BY: LORI LAVERREFRE, City Manager
SPECIAL ��A�ISTRATE
Ankur R. Sevak
Mitrani, Rynor, Adamsky, & Toland, P.A.
The foregoing instrument was acknowledged before me, the undersigned Notary Public
in and for the State of Florida, on this, the a & day of 15o 4p vj , h,-, 2013 by
Ankur R. Sevak, Esquire. r
WITNESS my hand
and official seal
0 0" Notary Public Stalle oF Florida
ye Scaggs
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My Commission EE137114
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expirgs 11105=15
Notary 4blic, State of r,3r, Acx,
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Printed, typed • -d name • Notary Public
exactly as commissioned
Produced identification:
(type of identification produced)
Page 5