HomeMy WebLinkAboutAgreementAGREEMENT FOR SPECIAL MAGISTRATE
FOR CODE ENFORCEMENT
THIS AGREEMENT made and entered into this 1-?—"4 day of August, 2014 by and between the City of
Sebastian, a Florida municipal corporation (hereinafter referred to as "City") and Kelley. H. Armitage
(hereinafter referred to as "Mr. Armitage ") pursuant to the following terms and conditions.
WHEREAS, the City desires to retain Mr. Armitage, as Special Magistrate for Code Enforcement; and
WHEREAS, the City expects Mr. Armitage to perform all the responsibilities and obligations as Special
Magistrate, as stated in Section III of this Agreement; and
WHEREAS, Mr. Armitage is willing to enter into a non - exclusive relationship with the City of Sebastian
to provide such services.
NOW THEREFORE, in consideration of the mutual covenants contained herein, the City and Mr.
Armitage, hereby agree as follows:
I. APPOINTMENT
The City hereby appoints Mr. Armitage as the Special Magistrate for Code Enforcement effective as of
the date of this Agreement.
II TERM OF AGREEMENT
The Special Magistrate shall serve at the will of the Sebastian City Council. The Sebastian City Council
may terminate the Special Magistrate's appointment at any time without cause. Mr. Armitage may
terminate this Agreement and his obligations hereunder after thirty (30) days advance written notice.
Ill. DUTIES OF THE SPECIAL MAGISTRATE
It is understood that Mr. Armitage has been retained to act as an independent, Special Magistrate for
the City's Code Enforcement. As a Special Magistrate for Code Enforcement, Mr. Armitage will conduct
hearings: once a month, or as often as the Sebastian City Council directs that hearings are to be held.
Hearings: will be conducted in accordance with City Code and due process of the law, and the Special
Magistrate will promptly enter an appropriate order with respect to each matter. The Special
Magistrate will treat City officials and employees and the citizens, residents and property owners of the
City of Sebastian with dignity and respect.
IV. COMPENSATION
The City will compensate Mr. Armitage at an hourly rate of One Hundred Fifty Dollars ($150.00) for
theconduct of the hearings and the appropriate disposition of each case brought to hearing. The City
agrees to a one (1) hour minimum for each hearing calendar. The Special Magistrate will bill the City
at the end of each month in which services were rendered.
2. The City will not be responsible for paying or reimbursing the Special Magistrate for any costs or
expenses, including travel time or mileage, food, lodging, postage, telephone, office supplies,
computer time, copies, faxes or any other costs or expenses, whether direct, indirect or
incidental.
3. The City will not be obligated to provide any minimum amount of work for the Special
Magistrate.
4. The Special Magistrate's appointment is not exclusive. The City Council, in the exercise of its
discretion, may appoint additional Special Magistrates at any time.
V. INDEMNIFICATION
Subject to any limitation imposed by Florida law, the City shall defend, save harmless and indemnify Mr.
Armitage against any tort, professional liability claim or demand or other legal action, whether
groundless or otherwise, arising out of an alleged act or omission occurring out of Mr. Armitage acting
within the course and scope of his duties as Special Magistrate.
VI. GOVERNING LAW
The Agreement shall be subject to and governed by the laws of the State of Florida and venue for its
enforcement shall be in Indian River County, Florida.
VII. MODIFICATIONS
No provision of this Agreement may be changed or modified except by written agreement executed by
both parties hereto.
VIII. ENTIRE AGREEMENT
The Agreement constitutes the entire Agreement between the parties and with respect to the subject
matter hereof. Said Agreement supersedes any and all other Agreements, either oral or in writing,
between the parties hereto with respect to the subject matter of this Agreement.
IX. NOTICES
All notices consents, requests, instruction, approvals and other communications provided for herein
shall be validly given, made or served in writing and delivered personally or sent by registered or
certified mail, postage, prepaid, return receipt requested, to the hereinafter designated address:
To the City: City of Sebastian
Attention: Mayor
1225 Main Street
Sebastian, FL 32958
With Copy to: City of Sebastian
Attention: City Manager
1225 Main Street
Sebastian, FL 32958
To Special Magistrate: Kelley H. Armitage, Esq.
204 Moccasin Trail North
Jupiter, FL 33458 -8003
IN WITNESS WHEREOF, the City of Sebastian has caused this Agreement to be executed by its Mayor and
duly attested by its City Clerk and Mr. Armitage has executed this Agreement as of the day and year first
above written.
CITY OF SEBASITAN
A Florida municipal corporation
Bob McPartlan, Mayor
ATTEST: �f
Sally A. Maio, C
City Clerk