R-2017-64 (2) CITY OF CLERMONT
RESOLUTION NO.2017-64
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CLERMONT, LAKE COUNTY, FLORIDA, APPOINTING A CODE
ENFORCEMENT SPECIAL MAGISTRATE.
WHEREAS, the City Council of the City of Clermont approved the Code Enforcement
Special Magistrate process at the July 26, 2016 Regular City Council meeting; and
WHEREAS, the appointment will be effective on January 1,2018;
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of
Clermont, that the Clermont City Council appoints Robert Guthrie to serve as the Code
Enforcement Special Magistrate.
DONE AND RESOLVED,by the City Council of the City of Clermont, Lake County,
Florida this 12th day of December, 2017.
City of Clermont
17/
Gail L. Ash, Mayor
ATTEST:
10,
Tracy Ackroyd Howe, City Clerk
Approved as to form and legality:
•2_
Attorney
•
ROBERT D.GUTHRIE
Attorney at Law
P.O.Box 5281
Titusville,Florida 32783-5281
Phone: 321-356-5966
limail: rdglaw(a),att.nct
To: Mr. Darren Gray
City Manager
City of Clermont
685 West Montrose Street
Clermont, FL 34712-0219
Subject: Engagement as Special Magistrate for Code Enforcement
Dear Mr. Gray,
The following is submitted as my letter of engagement setting forth the terms of
engagement as Special Magistrate for the City of Clermont Code Enforcement Program
effective January 1, 2018.
SCOPE OF SERVICES
The services to be provided will be as provided in Chapter 162, F.S. and City
Code with regard to the duties, responsibilities and authority of the Special
Magistrate hearing appeals of city code violations based on citations issued
by city code enforcement officials alleging violations of city code 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 me as
Special Magistrate.
II. PAYMENT
For the above services, the City shall pay:
a. For attendance at scheduled administrative hearings: The sum of$450.00
for the first three hours of the hearing or any part thereof and $150.00 per
hour thereafter pro-rated for any portion thereof in 15 minute increments.
b. For all other services rendered: $150.00 per hour for services rendered
billed in 15-minute increments.
This rate shall include costs, such as copy, facsimile, travel to and from my
office and City Hall, postage and telephone charges rendered on behalf of the
City of Clermont. Each month I will submit to the City Manager, or designee,
a billing statement of hours expended for services rendered as Special
Magistrate.
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 the 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 as Special
Magistrate, 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 the
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, special master or special
magistrate 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 Special Magistrate
under chapter 162 F.S. 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: /-215// -7
CITY OF CLERMONT, FLORIDA
As authorized by it's City Council
By:
• : r0n . %y, Ci Manager
Date: