LOI_26-098_SAMPLE-Master_Agreement_final.pdf

Citrus County, Florida/ Initial_________ LOI 26-098 Code Compliance Special Master & Alternate Special Master Services Page 1 of 6

AGREEMENT

THIS AGREEMENT made this ____ day of ______________, 2026, by and between CITRUS

COUNTY, FLORIDA, a political subdivision of the State of Florida, whose address is 110 N. Apopka

Avenue, Inverness, FL 34450, hereinafter referred to as “COUNTY”, and

_________________________, whose principal address is __________________________, hereinafter referred to as “SPECIAL MASTER”.

NOW, THEREFORE, in consideration of the mutual covenants herein contained, the parties agree as follows:

1. SPECIAL MASTER, by executing this Agreement, warrants that he/she is a member in good standing of the Florida Bar, possesses a reputation in the community for integrity, responsibility and professional ability and is fully qualified to perform the function of a

License Compliance SPECIAL MASTER as prescribed by the Citrus County Code of

Ordinances. SPECIAL MASTER shall be synonymous with the plain language meaning of the term “SPECIAL MAGISTRATE” in Section 162.03, Florida Statutes.

2. The term shall be for one (1) year commencing upon execution of this Agreement and, upon the written agreement of the parties, may be renewed annually for four (4) one-year periods thereafter.

3. SPECIAL MASTER hereby agrees to perform the duties of hearing officer as provided in the

Citrus County Code, hearing all cases assigned to him/her by COUNTY involving alleged violations of the Citrus County Code, including but not limited to Chapter 19 (Citrus County

Code Enforcement Ordinance), Chapter 20 (Nuisance Ordinance) and Chapter 106

(Waterways), Citrus County Land Development Code, and Chapter 162, Florida Statutes, as they may be amended from time to time. SPECIAL MASTER shall have all authority as provided by Citrus County Code and shall hear all matters assigned to him/her through completion. SPECIAL MASTER shall work with COUNTY staff and be prepared to issue, in a timely manner, findings of fact and conclusions of law consistent with the powers granted.

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4. Agreement Documents: The following documents shall become a part of this Agreement:

· The Agreement, and any addenda to such;

· LOI 26-098 “Code Compliance Special Master & Alternate Special Master Services.”

· SPECIAL MASTER'S Letter of Interest submittal dated _____________.

5. COUNTY shall provide an appropriate location to conduct hearing. Further, COUNTY shall provide staff to operate a recording device and any other staff necessary for SPECIAL

MASTER to perform his functions while holding hearings for COUNTY.

6. SPECIAL MASTER shall be paid the sum of ________________dollars per hour for each hour, or fraction thereof, for services rendered. Payment by COUNTY shall be in compliance with the Florida Prompt Payment Act, as may be amended from time to time.

7. SPECIAL MASTER shall not be prohibited from handling privately retained cases in his/her private practice so long as it does not interfere with SPECIAL MASTER’s obligations under this Agreement. SPECIAL MASTER shall not hear any case in which he/she has a conflict of interest through familial relationship, personal or business financial interest, or other conflict of interest recognized under the Rules Regulating, The Florida Bar. SPECIAL

MASTER shall promptly notify COUNTY of any conflicts that may arise.

8. COUNTY and SPECIAL MASTER intend that the relationship created by this Agreement is that SPECIAL MASTER is an independent contractor. No agent or employee of SPECIAL

MASTER shall be, or shall be deemed to be, the agent or employee of COUNTY.

9. This Agreement is not exclusive. COUNTY reserves the right to hire other individuals as

SPECIAL MASTERS or ALTERNATE SPECIAL MASTERS during the term of this

Agreement. SPECIAL MASTER shall not delegate or assign his/her right or obligations hereunder, whether in whole or in part, without the prior written consent of COUNTY.

10. SPECIAL MASTER agrees and covenants that he/she shall perform the services described herein while at all times complying with the current requirements of the Code of Professional

Responsibility and the Disciplinary Rules of the Florida Bar.

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11. COUNTY, upon reasonable notice, may audit or inspect SPECIAL MASTER’s records relating to services under this Agreement for a period of three (3) years after the termination of this Agreement. All records related to the performance of this Agreement shall be subject to the applicable provisions of the Florida Public Records Act set forth in Chapter 119, Florida Statutes.

12. This Agreement is subject to the availability of funds. In the event funds to finance this

Agreement become unavailable, COUNTY may terminate this Agreement upon thirty (30) days written notice. In such event, COUNTY shall pay SPECIAL MASTER for all services rendered prior to termination. COUNTY shall be the final authority as to availability of funds.

13. Unless specified otherwise, either party may terminate this Agreement for any reason at any time by furnishing sixty (60) days written notice of intent to terminate. Prior to termination

SPECIAL MASTER must complete all of his/her duties, including but not limited to rendering written opinions or findings of fact and conclusion of law in any case pending or heard by

SPECIAL MASTER prior to the notice of termination.

14. Any notice required to be given under any provision of this Agreement shall be delivered by certified mail, return receipt requested, to the addresses set forth above.

15. This Agreement expresses the entire understanding of the parties concerning all matters covered herein. No modification of the terms of this Agreement, whether by written or verbal understanding of the parties, their officers, agents, or employees, shall be valid unless made in the form of a written amendment to this Agreement and formally approved by the parties.

16. To the extent permitted by law, and notwithstanding any other provision of this Agreement to the contrary, including Exhibits, SPECIAL MASTER shall indemnify, save and hold harmless COUNTY and all their officers, agents or employees from and against any and all causes of action, demands, claims, losses, liabilities and expenditures of any nature whatsoever, including defense costs and fees, caused by intentional or negligent act of, or omission of, SPECIAL MASTER, its agents or employees or accruing, resulting from, or

LOI 26-098 Code Compliance Special Master & Alternate Special Master Services Page 4 of 6 related to the subject matter of this Agreement including, without limitation, any and all claims, losses, liabilities, expenditures, demands or causes of action of any nature whatsoever resulting from injuries or damages sustained by any person or property. Neither

SPECIAL MASTER nor any of its agents will be liable under this section for damages arising out of injury or damage to persons or property directly caused or resulting from the sole negligence of COUNTY or any of its officers, agents or employees. In the event any lawsuit or other proceeding is brought against COUNTY by reason of any such claim, cause of action or demand, SPECIAL MASTER shall, upon written notice from COUNTY, resist and defend such lawsuit or proceeding by counsel satisfactory to COUNTY or, at COUNTY'S option, pay for an attorney selected by COUNTY to defend COUNTY. This indemnification includes attorney’s fees and all costs of litigation including appellate attorney’s fees and costs as well as any judgments. The parties agree that this clause shall not waive the benefits or provisions of Section 768.28, Florida Statutes, or any similar provision of law.

The provisions and obligations of this section shall survive the expiration or earlier termination of this Agreement. To the extent considered necessary by COUNTY, any sums due SPECIAL MASTER under this Agreement may be retained by COUNTY until all of

COUNTY'S claims for indemnification pursuant to this Agreement have been settled or otherwise resolved; and any amount withheld shall not be subject to payment of interest by

COUNTY.

17. SPECIAL MASTER will keep and maintain public records required by the COUNTY to perform the service. Upon request from the COUNTY’S custodian of public records, SPECIAL MASTER will provide the COUNTY with a copy of the requested records or allow the records to be inspected or copied within a reasonable time and at a cost that does not exceed the cost provided in Chapter 119, Florida Statues, or as otherwise provided by law.

SPECIAL MASTER will ensure that the public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized

LOI 26-098 Code Compliance Special Master & Alternate Special Master Services Page 5 of 6 by law for the duration of the term of the Agreement and following completion of the

Agreement if SPECIAL MASTER does not transfer the records to the COUNTY. Upon completion of the Agreement, SPECIAL MASTER will transfer, at no cost, to the COUNTY all public records in possession of the SPECIAL MASTER or keep and maintain public records required by COUNTY to perform the service. If SPECIAL MASTER transfers all public records to COUNTY upon completion of the Agreement, SPECIAL MASTER shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If SPECIAL MASTER keeps and maintains public records upon completion of the Agreement, SPECIAL MASTER shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the COUNTY, upon request from the COUNTY’S custodian of public records, in a format that is compatible with the information technology system of the COUNTY. If SPECIAL

MASTER does not comply with the COUNTY’S request for public records, the COUNTY shall enforce the contract provisions in accordance with the contract and may cancel the contract.

IF SPECIAL MASTER HAS QUESTIONS REGARDING THE APPLICATION OF

CHAPTER 119, FLORIDA STATUTES, TO THE SPECIAL MASTER’S DUTY TO

PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT

CUSTODIAN OF PUBLIC RECORDS, AT 3600 W. SOVEREIGN PATH,

LECANTO, FL 34461; PHONE:352/527-5235;

EMAIL: RMLO@CITRUSBOCC.COM

18. Authority: Each person signing the Agreement warrants that he or she is duly authorized to do so and to bind the respective party to the Agreement.

mailto:RMLO@CITRUSBOCC.COM

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IN WITNESS WHEREOF, this Agreement is accepted by the Parties as of the date noted below.

FIRM

Signature of Witness (1)

__________________________ BY: __________________________________

Printed Name of Witness (1)

Signature of Witness (2)

Printed Name of Witness (2)

The foregoing instrument was acknowledged before me, by means of ⃞ physical presence or ⃞ online notarization, this _________ day of ________________________, 2026, by ___________________________________ as ___________________________________________ who is ⃞ personally known to me or ⃞ who produced _____________________ as identification.

Witness my hand and official seal this _______ day of ___________________, 2026.

NOTARY PUBLIC Signature Printed Name: ___________________________ Commission No.: ________________________ Expiration Date: _________________________

SEAL

CITRUS COUNTY, FLORIDA, A POLITICAL

SUBDIVISION OF THE STATE OF FLORIDA

ATTEST:

_____________________________ BY: _______________________________

TRACI PERRY, CLERK DIANA FINEGAN, CHAIRMAN

DATE: ________________________

APPROVED AS TO FORM FOR THE

RELIANCE OF CITRUS COUNTY ONLY:

DENISE A. DYMOND LYN, COUNTY ATTORNEY

Official use only