03_6_2014 Agreement- Branham, Jeb T. vSPECIAL MAGISTRATE
AGREEMENT FOR LEGAL SERVICES
THIS AGREEMENT is entered into this_UU+h day of March, 2014, between the CITY OF
ATLANTIC BEACH, a Florida municipal corporation, 800 Seminole Road, Atlantic Beach, Florida
32233 (hereinafter "City"), and JEB T. BRANHAM, ESQUIRE, 3500 South Third Street,
Jacksonville Beach, Florida 32250 (hereinafter"Special Magistrate"),who agree as follows:
1. The Special Magistrate agrees to act as a Code Enforcement Magistrate in order to
hear and decide dangerous dog cases as provided in Chapter 4 of the Atlantic Beach
Code of Ordinances and Chapter 162, Florida Statutes.
2. The Special Magistrate certifies that he is qualified under the laws of the State of
Florida, to perform the above referenced services for the City.
3. The Special Magistrate shall attend hearings as necessary to hear and decide
dangerous dog cases, and shall coordinate dates and times of any such hearings so
that they are timely held. The Special Magistrate may also call special meetings as
necessary to perform his responsibilities under this Agreement.
4. The Special Magistrate shall render his written findings of fact and conclusions of law
within thirty (30) calendar days of the conclusion of the hearing on each case and shall
issue an order affording the proper relief consistent with the authority granted by state
law and the Atlantic Beach Code of Ordinances. The written order shall include a written
and signed final determination on each charge brought against the defendant and the
amount of the fine and costs. if any.
5. The Special Magistrate shall also hear and consider matters relating to repeat
dangerous dog cases pursuant to state law and the Ordinance.
6. The City agrees to provide incidental clerical support to the Special Magistrate related to
code enforcement matters and responsibilities, including but not limited to case file
maintenance, setting the hearing docket, sending notices to violators, providing a recording
secretary, and any associated typing, mailing and copying requirements.
7. In return for the above referenced services, the City agrees to pay the Special Magistrate
at the rate of $175.00 per hour, based upon statements received for work accomplished.
The Special Magistrate is a contractual employee, and shall not receive any vacation,
social security, insurance, health, sick leave or any other benefits. All compensation and
fees for service rendered by the Special Magistrate pursuant to this Agreement shall
be paid to the pecial Magistrate at 3500 South Third Street, Jacksonville Beach, Florida
32250. The City shall review the rate of compensation and fees paid to the Special
Magistrate annually and may increase the rate of compensation and fees paid for his
services at the time of this annual review or at any time, but are not obligated to do so.
8. Nothing in this Agreement shall prohibit the City from hiring other special magistrates
to perform any work deemed necessary by the City.
9. The Special Magistrate will immediately reveal any conflicting employment relationship
or conflict of interest. The Special Magistrate shall abide by the rules regulating The
Florida Bar.
Either party may terminate this agreement at its discretion and without cause upon sixty (60)
days written notice in advance.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals as of the
date first above written.
CITY OF ATLANTIC BEACH
By ---7-1, !/4 . ..<
Nelson Van Liere, Interim City Manager deb T. Branham, Esquire
CITY" SPECIAL MAGISTRATE"