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Contract 2019-12A LANIUS LAW FIRM, P.A. 510 County Rd. 466 Suite 207-L Lady Lake, FL 32159 Phone: 352-633-9854 Email: and rewlaniuslawfirm.com 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 March 1, 2019. I. 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 $125.00 per hour pro-rated for any portion thereof in 15 minute increments. b. For all other services rendered: $125.00 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. -2- 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. -3- This letter of engagement shall not be binding and of no effect until it has been executed by both parties. LANIUS LAW FIRM, P.A. By: Cjav4 Andrew Frank Lanius, Esq. CITY OF CLERMONT, FLORIDA As authorized by its City Council _14 By: Irk D Irn yv,Ir ity Manager Date: ala J/ 9 -4- (44 LANIUS LAW FIRM , P.A . January 9,2019 Attn: Freddy L. Suarez,MPA, CPPB City of Clermont Purchasing Department 685 West Montrose Street Clermont, FL 34711 Re: Statement of Qualifications Dear Mr. Suarez, As an individual born and raised in the City of Eustis, and as an attorney currently practicing in Lady Lake,I was excited to learn of the available Special Magistrate position for the City of Clermont. Code Enforcement has been a priority and focus of my career, for many years, starting with my previous position with the City of Hollywood Attorney's Office (Broward County, Florida). Over the course of my five-year employment with the City of Hollywood,I had the privilege of participating in thousands of Code Enforcement hearings in all stages of the `enforcement process' ranging from complex Zoning issues to violations of Florida's Building Code or Florida's Fire Prevention Code to the common property standards violation. My experience has given me a deep understanding of the Code Enforcement process and applicable Florida Statutes. The time I spent immersed in these matters has allowed me to work in Code Enforcement from distinct `vantage points' which I will discuss, and will explain the importance of, further below. As you further review my background, experience and qualifications,I believe you will find me very knowledgeable and proficient in this niche area of the law which,I believe, renders me a very sound and practical choice to preside over such hearings for Clermont. My experience with Municipal Code Enforcement was mostly acquired during my time as the City of Hollywood's sole Municipal Prosecutor. Hollywood is the twelfth largest City in Florida and,like many local governmental agencies,cites property owners,of both residential and commercially owned properties, whom own properties which violate local ordinances. I was directly responsible for all legal matters involved in pursuing Hollywood's Code Enforcement cases and my responsibilities included, but were not limited to, ensuring that every case brought before the City's Special Magistrate was appropriate in that a technical violation of the Code occurred (analysis of the elements of the alleged violation). I was also responsible for making certain all cases were brought forth in complete adherence to the administrative requirements found in Chapter 162,Fla. Statutes as well as the relevant ordinances within the Hollywood Code (analysis of the administrative and technical requirements of the Code/Fla. Statutes). Further, I was responsible for ensuring all parties in such cases were provided fundamental due process during said local hearings. I was further responsible to ensure that all testimony presented to 510 County Rd.466 Phone 352-633-9854 Suite 207-L Cell Phone 352-551-5482 Lady Lake,FL 32159 andrew@laniuslawfirm.com Hollywood's Special Magistrate was presented,by the Code Enforcement Officers,professionally, appropriately and in a manner that increased the likelihood of a successful finding for the City of Hollywood. In order to accomplish this routine and vitally important task I would frequently interject questions during the hearings and would regularly discuss with Officers(both individually and as a group)how to properly testify before the Magistrate. I also created and provided the Code Enforcement Officers with a written script for Officers to utilize while testifying before the Special Magistrate to ensure all proper elements of their testimony makes it'on the record' in an intelligent and organized manner. I also had the responsibility to direct the conduct of Code Enforcement Officers when presented with legal issues and,at times,to personally dismiss cases when such was legally appropriate. In addition to the practical, day-to-day experience in these matters I believe I have a significantly deeper understanding of the overall Code Enforcement process. As the only person in the City of Hollywood Attorney's Office responsible for handling the prosecution of these matters, I was also the attorney who independently handled any and all appeals which were filed to the Broward County Circuit Court. Throughout my career I have responded to and argued numerous Code Enforcement cases which were appealed(and would be happy to provide a writing sample for one of such cases). Appellate work is a necessary; important yet time-consuming and tedious aspect of the overall Code Enforcement process. The failure to properly defend an appeal could result in wider implications than may initially be obvious and,therefore,the proper handling of an appeal(and the proper groundwork to ensure there are no appealable issues in the underlying case) is very important. I believe I have a keen understanding of how cases are to be heard, presented and prosecuted without creating issues ripe for appeal (which cost significant time and money for all parties). I consider it vitally important in pursuing enforcement of local codes to ensure appeals aren't able to be successfully argued, by either party, as a successful appeal decreases a community's respect for the Code Enforcement process, such also increases the time, money and effort spent by the both party's in arguing their respective positions before a Circuit Court(sitting in an Appellate capacity). My past experience involved in the local Code Enforcement process, from both a prosecutor's prospective and from an Appellee's perspective, makes me a sound choice to preside over such hearings. Based on such I believe I would be a great asset for the City of Clermont. The time I spent as a civil servant, with the City of Hollywood, has taught me how to effectively, and respectfully, communicate with the public, even in times when the public is unhappy with government action. I would be very happy to utilize my experience, skills and know-how to preside over Code Enforcement hearings for the City of Clermont and I believe the City, and its residents, would be very well served by my presence at such hearings. I would greatly appreciate the opportunity to discuss my qualifications and experience, in person, to further advance myself into this position. Truly Yours, amhAvi,66:41i,4 Andrew Frank Lanius, Esq. Andrew Lanius, Esq. andrew@laniuslawfirm.com 510 CR 466 Suite 207 L Lady Lake,FL 32159 (352)551-5482 Admitted to the Florida Bar,September 2011 Admitted to the New Jersey Bar,November 2011 Admitted to the U.S.District Court, Middle District of Florida,July 2012 Admitted to the U.S.District Court, Southern District of Florida,June 2013 Professional Experience Lanius Law Firm,P.A.,Lady Lake,FL Mar.2018-Present Owner • Engaged in a diverse practice focusing on identifying and responding to the specific needs of individual and corporate clientele regarding both civil and criminal matters(with a slight emphasis on estate planning and probate matters). • Counsel clients with legal advice and interpretation of legal issues to develop a plan that advances the client's specific goals. • Manage all aspects of the firm,including marketing(which includes the creating and maintenance of`Laniuslawfirm.com'), billing,accounting,client relations and legal work. • Draft all necessary correspondence,legal documentation,pleadings,etc. • Litigation,including pre-suit negotiations and mediations. • Negotiate and settle numerous disputes,without the need for litigation,via pre-suit demand letters. • Effectively communicate orally,and in writing,on behalf of client with opposing counsel and other interested parties. • Assist fellow solo attorneys with Court Hearings on a contractual basis. Hollywood City Attorney's Office,Hollywood,FL July 2013-Dec.2017 Municipal Prosecutor • Served as Hollywood's sole Municipal Prosecutor. • Sole attorney responsible for the prosecution of municipal ordinance violations. Responsibilities included preparation of cases prior to presentation before Special Magistrate,attendance at hearings,provided legal advice(at any and all times of the day/week) to Code Officers and responded to all appeals. • Personally handled all Municipal Ordinance violations in County Court written by the Hollywood Police Department, approximately 250 new cases per month. • Solely handled all foreclosure defense cases,at the Circuit Court of Broward County,when Hollywood holds an interest in the subject property. Many of such cases required the filing of pro-active litigation against the debtor to acquire a personal judgment in favor of Hollywood. • Ancillary duties included civil forfeiture cases, the prosecution of red light violations and code enforcement hearings (quasi- judicial),eviction, general litigation defense, assembly of public records requests and routinely provided general legal advice regarding a large range of topics to City staff and Hollywood Police Department. • Directly supervised one legal assistant for municipal ordinance prosecutions and one paralegal for civil litigation. Shipley Law Firm,Mount Dora,FL Nov.2011-Mar.2013 Associate Attorney • Maintained a case management list and personally handled over seventy(70)mortgage foreclosure defense cases,drafted pleadings, attended hearings,planned mortgage modification mediations,attended conciliation conferences and client consultations with no assistance by any administrative staff. • Prepared and aided in the execution of wills,trusts,living wills,powers of attorney,warranty deeds,etc. Handled firm's probate case files for estates of testate and intestate decedents. Cite of Fort Lauderdale City Attorney's Office,Fort Lauderdale,FL May 2009-Aug.2010 Intern • Communicated with pro se defendants,and defendant's counsel,regarding pre-trial diversion programs, legal research,aided in trial preparation,attended arraignments,calendar calls and non jury trials alongside attorneys. Education Nova Southeastern University,Shepard Broad Law Center,Ft.Lauderdale,FL May 2011 Juris Doctor • Pro Bono Honors Program University of Florida,Gainesville,FL May 2008 Bachelor of Arts in Political Science • Minor in History • Lambda Chi Alpha fraternity member Universiteit Utrecht,Utrecht,Netherlands, July 2007-Aug.2007 • Coursework:European Union Politics Seminole State College,Sanford,FL May 2006 Associate of Arts Professional Activities Oct.2014-June 2015 Leadership Hollywood • Completed the 2014-2015 leadership course offered by the Greater Hollywood Chamber of Commerce. • Worked as part of a team to organize event"Hollywood Stars"to benefit the Exceptional Theater Company,a nonprofit devoted to improving the lives of differently abled adults and children in South Florida. Certification Expiration Mar. 2022 Notary Public,State of Florida :IF.