2013-85 ROBERT D. GUTHRIE
Attorney at Law
P.O.Box 3026
Orlando,Florida 32802-3026
Phone: 321-356-5966 Email: rdglaw(a,att.net
December 31, 2013
Darren Gray
City Manager
City of Clermont
685 West Montrose Street
Clermont, FL 34712-0219
Re: Engagement as Hearing Officer for Red Light Camera Violations
Dear Mr. Gray:
The following is submitted as my letter of engagement to set forth the terms of
my engagement as Hearing Officer for Red Light Camera Violations for the City of
Clermont, effective January 1, 2014.
I. SCOPE OF SERVICES.
The services to be provided will be as provided in Section 316.0083, F.S., and
City Code with regard to the duties, responsibilities and authority of the Hearing
Officer for appeals of red light camera violations within the City of Clermont. The City
will provide necessary support staff required for the hearing process, to include a clerk
to attend all hearings and the preparation of any and all orders required to document
any decisions made by the hearing officer.
II. PAYMENT.
For the above services, the City shall pay:
For attendance at scheduled administrative hearings: the sum of$270.00 for the
first two hours of the hearing or any part thereof and $135.00 per hour thereafter pro-rated for
any portion thereof in 15 minute increments.
For all other services rendered: $135.00 per hour for services rendered billed in
15-minute increments.
■
This rate shall include costs, such as copy, facsimile, ordinary travel to and
from my office and City Hall, postage and telephone charges rendered on behalf of the
City.' Each month I will submit to the City Manager, or his designee, a Billing
Statement of hours expended for services rendered. The portion of the statement
setting forth the hours for services rendered shall specify for each entry the amount of
time expended and a description of the tasks or services performed. The City
Manager, or his designee, upon review and approval of the invoice, will authorize
payment in the same manner as for all other City invoices and statements.
III. TERMINATION.
The term of this engagement shall be renewed annually, unless terminated as
provided herein. Either party may terminate this agreement immediately with cause
or upon ninety (90) days written notice without cause. If such termination occurs, I
will be paid for all services rendered, if applicable, to the date of notice of termination.
IV. REPRESENTATION, COVENANTS AND WARRANTIES.
By executing this engagement letter, I represent, covenant, and warrant to City
as follows:
A. I will be the primary assigned attorney to perform the scope of services
contemplated herein.
B. I am not currently serving as a hearing officer for red light camera
violations for any other jurisdiction or representing any clients that may result in a
conflict with regard to the services contemplated herein.
C. I have sufficient time to execute and fulfill the duties of hearing officer
and am not burdened by possibilities or workload or by personal or other constraints
that would interfere in any material respect with the obligations hereunder.
V.-MISCELLANEOUS. ` - - -- - - - - -
A. Assignment. The services to be rendered under this engagement letter
are personal to me and may not be assigned other than as provided herein, either
directly or indirectly, to any other person or firm.
B. Amendments. This engagement letter may be amended only by written
instrument signed by me and the City of Clermont.
C. Independent Contractor Status. In the performance of legal services
hereunder, myself and my employees are independent contractors and shall not hold
ourselves out as employees, agents or servants of the City of Clermont.
This letter of engagement shall not be binding and of no effect until it has been
executed by both parties.
By:
Robert D. Guthrie
Date: / Z
CITY OF CLERMONT, FLORIDA, as
authorized by its City Council,
By:
Da S-n ray,City Manager
Date: