R18-155 1 RESOLUTION NO. R18-155
2
3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA
4 APPROVING AN AGREEMENT FOR SPECIAL MAGISTRATE
5 SERVICES WITH CAROL ELLIS, ESQUIRE TO SERVE AS
6 ALTERNATE SPECIAL MAGISTRATE FOR COMMUNITY
7 STANDARDS; AUTHORIZING THE CITY MANAGER TO SIGN AN
8 AGREEMENT FOR SPECIAL MAGISTRATE SERVICES TO BE
9 USED ON AN ALTERNATE BASIS; AND PROVIDING FOR AN
10 EFFECTIVE DATE.
11
12 WHEREAS, Chapter 162, Florida Statutes, provides that municipalities may contract
13 with Special Magistrates as an alternative method of hearing code enforcement cases; and
14 WHEREAS, recently, the current Special Magistrate has had two occasions that
15 required her to miss a scheduled meeting requiring staff to cancel and reschedule the hearing
16 resulting in additional costs for postage and staff time; and
17 WHEREAS, staff is recommending that the City Commission approve an Alternate
18 Special Magistrate to serve only in those circumstances that require the current Special
19 Magistrate to miss a schedule Community Standards Hearing; and
20 WHEREAS, Carol Ellis (hereinafter referred to as the "SPECIAL MAGISTRATE")
21 is the Owner and Managing Attorney at the Law Offices of Carol D. Ellis, P.A. and is
22 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 approve an
25 Agreement for Special Magistrate Services with Carol Elis, Esquire to serve as Alternate
26 Community Standards Special Magistrate on an as needed basis and to authorize the City
27 Manager to sign the Agreement for Special Magistrate Services with Carol Ellis, Esquire.
28 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
29 THE CITY OF BOYNTON BEACH, FLORIDA:
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30 Section 1: The foregoing "WHEREAS" clauses are hereby ratified and confirmed
31 as being true and correct, and are incorporated herein by this reference.
32 Section 2: That the City Commission of the City of Boynton Beach, Florida
33 hereby approves an Agreement for Special Magistrate Services with Carol Elis, Esquire to
34 serve as Alternate Community Standards Special Magistrate on an as needed basis and to
35 authorizes the City Manager to sign the Agreement for Special Magistrate Services with Carol
36 Ellis, Esquire, a copy of which is attached hereto as Exhibit"A".
37 Section 3: This resolution shall become effective upon its passage and adoption by the
38 City Commission.
39 PASSED AND ADOPTED this 16th day of October, 2018.
40
41 CITY OF BOYNTON BEACH, FLORIDA
42
43 YES NO
44
45 Mayor— Steven B. Grant
46
47 Vice Mayor—Christina L. Romelus
48
49 Commissioner—Mack McCray
50
51 Commissioner—Justin Katz
52
53 Commissioner—Joe Casello
54
55
56 VOTE
57
58 ATTEST:
59
60
61
62 Ju ' A. Pyle, CMC
63 Ci Clerk
64
65
66 (Corporate Seal)
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AGREEMENT FOR SPECIAL MAGISTRATE SERVICES
THIS AGREEMENT,made and entered into the day of ,
2018 by and between:
CITY OF BOYNTON BEACH, a Florida municipal corporation,
having the address, 3301 Quantum Boulevard, Ste. 101, Boynton
Beach, Florida 33426 (hereinafter referred to as "CITY"),
AND
Law Offices of Carol D. Ellis, P.A., a Florida corporation,having
the business address of 500 Australian Avenue, Suite 600, West
Palm Beach, FL, 33410
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 13, 2017, the City issued a Request for Quotations for
Community Standards Special Magistrate Services. On or about December 26, 2017, Carol D.
Ellis submitted a written response to the City's Request for Quotations; and
WHEREAS, Carol D. Ellis (hereinafter referred to as the"SPECIAL MAGISTRATE")is
the Director at Law Offices of Carol D. Ellis, 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 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 above recitals and findings set forth above are hereby adopted by
reference and incorporated herein as if fully set forth in this section.
{00213225.1 306-9001821) Page 1 of 4
Section 2. Designee. SPECIAL MAGISTRATE shall serve as the designee of Carol D.
Ellis, P.A., and shall be responsible for fulfilling all of the City of Boynton Beach Community
Standards Alternate 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 an as needed basis,but with a least 48 hours notice.
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 Community Standards
Agenda, she will conduct a conflict check to confirm that she does not have a client
relationship with any of the respondents on the docket. In the event of such conflict,
SPECIAL MAGISTRATE will immediately notify the CITY's Community
Standards 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.
(00213225.1 306-9001821) Page 2 of 4
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 out in this agreement. Such invoice shall be submitted to:
City of Boynton Beach
Community Standards Department
3301 Quantum Blvd.
Boynton Beach, FL 33426
C. Payment shall be made to the SPECIAL MAGISTRATE and sent by First Class
U.S. Mail to:
Carol D. Ellis, P. A.
500 Australian Avenue
West Palm Beach, FL 33410
ATTN: Ms. Carol D. Ellis, Esquire
Section 5. Term of Agreement.
A. This Agreement shall be effective upon contract execution and shall be effective
for an initial one year term, with the option for three one-year renewals. This
Agreement with the SPECIAL MAGISTRATE may be terminated by the City at
any time and for any reason, without cause. The SPECIAL MAGISTRATE
acknowledges that she serves at the will and pleasure of the City Commission.
B. The 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 address 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.
(00213225.1 306-9001821} Page 3 of 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 first above written.
ATTEST: CITY OF BOYNTON BEACH,FLORIDA:
Judy P e, ' y Cl24: BY: Lori LaVerriere, City Manager
APPROVED AS TO FORM:
14Ift
OFFICE OF THE CITY ATTORNEY
SPECIAL MAGISTRATE
BY: Carol D. Ellis,Esq.
State of
County of
The foregoing instrument was acknowledged before me, the undersigned Notary Public
in and for the State of Florida, on this, the day of , 20_by
WITNESS my hand
and official seal
Notary Public, State of
Printed, typed or stamped name of Notary Public
exactly as commissioned
Personally known to me, or
Produced identification:
(type of identification produced)
(00213225.1 306-9001821( Page 4 of 4
1
The City of Boynton Beach
0-00, City Clerk's Office
PO BOX 310
BOYNTON BEACH FL 33435
;' { (561) 742-6060
FAX: (561) 742-6090
c�¢v
' r '`"� E-mail: cityclerk@bbfl.us
www.boynton-beach.org
October 30, 2018
Carol D. Ellis, P.A.
500 Australian Avenue
West Palm Beach, FL 33410
Re: R18-155 Agreement for Special Magistrate Services
Dear Ms. Ellis:
Attached for your execution is the partially executed agreement and a copy of the
Resolution mentioned above. Once the agreement has been signed, please return the
original to the City Clerk's Office for Central File.
If there are any questions, please do not hesitate to contact me.
Very truly yours,
CITY OF BOYNTON BEACH
/, ct
7 61. 142
Ju`i h A. Pyle, CMC `
City Clerk
Attachments
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