#13-6047 VAB Contract (Ellen T. Chadwell, PL) ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
off z 44,7,,,A; mro, ,✓;inn .e ;76' d ` `�
ii�
f k
'A,Mf+r�.
Routed by Purchasing Department to Office Initials Date
the Following Addressee(s)(In routing order)
1. Risk Management 1
2. County Attorney Office County Attorney Office
5Pa 113
County
3. BCC Office Board of Coun \,
Commissioners �� L-,‘Vy\l-z�
4. VAB Chairman VAB Office
5. Minutes and Records Clerk of Court's Office bfig((3
q.pm
6. Return to Purchasing Department Purchasing
Contact: Diana DeLeon
PRIMARY CONTACT INFORMATION
Name of Primary Diana DeLeon for Emily Colon , Phone Number 252-8375
Purchasing Staff May 28,2013
Contact and Date
Agenda Date Item was May 28,2013 Y Agenda Item Number 16.E.1
Approved by the BCC
Type of Document Contract Number of Original 2
Attached Documents Attached
PO number or account N/A Solicitation/Contract 13-6047 Ellen T.
number if document is NumberNendor Nam Chadwell
to be recorded
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not
appropriate. (Initial) Applicable)
1. Does the document require the chairman's original signature? DD
2. Does the document need to be sent to another agency for additional signatures? If yes,
provide the Contact Information(Name;Agency; Address; Phone)on an attached sheet. SC 'cie,CBtim
3. Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chairman, with the exception of most letters,must be reviewed and signed
by the Office of the County Attorney.
4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A
Office and all other parties except the BCC Chairman and the Clerk to the Board
5. The Chairman's signature line date has been entered as the date of BCC approval of the N/A
document or the final negotiated contract date whichever is applicable.
6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's DD
signature and initials are required.
7. In most cases(some contracts are an exception),an electronic copy of the document and DD
this routing slip should be provided to the County Attorney's Office before the item is
input into SIRE.
8. The document was approved by the BCC on the date above and all changes made DD
during the meeting have been incorporated in the attached document. The County
Attorney's Office has reviewed the changes,if applicable.
9. Initials of attorney verifying that the attached document is the version approved by the
BCC,all changes directed by the BCC have been made,and the document is ready for tl�e
Chairman's signature.
MEMORANDUM
Date: June 17, 2013
To: Marta Massey, Legal Assistant
Jon Fishbane, District General Counsel
Cc: Collier County School Board - VAB
The District School Board of Collier County
From: Martha Vergara, Deputy Clerk
Minutes and Records
Re: Agreement #13-6046 — Value Adjustment Board (VAB)
Appraiser Special Magistrates: Attorney Special Magistrate:
Armalavage Mazur
Coastal Consulting Chadwell
Enclosed please find two (2) originals of each document referenced above, (Agenda
Item #16E1) approved by the Board of County Commissioners on Tuesday, May 28,
2013, which must be reviewed by the Collier County School Board at a date to be
determined.
Kindly forward all of the attached documents for the required signature(s) by the
appropriate party and return the fully executed originals to the following address for
further execution by the Value Adjustment Board (VAB):
Minutes & Records Department
3299 Tamiami Trail East
Suite 401
Naples, FL 34112
If you should have any questions, please call me at 252-7240.
Thank you.
Enclosure(s)
13-6047 Attorney Special Magistrate Agreement for Value Adjustment Board
THIS AGREEMENT has been made and entered into on this VI/Iday of
2013, by and between Ellen T. Chadwell of The Law Offices of Ellen T. Chadwell, PL hereinafter re erred
to as "Special Magistrate," and COLLIER COUNTY, a political subdivision of the State of Florida, and the
DISTRICT SCHOOL BOARD OF COLLIER COUNTY, hereinafter collectively referred to as the "Value
Adjustment Board" (VAB).
WITNESSETH
1. COMMENCEMENT. This Agreement shall be for a two (2) year period, commencing on date of
final execution, and terminating two (2) years from that date. The VAB, at its discretion, shall have the
option to renew this contract after the initial term for one (1) additional two (2) year term. Such renewal
shall be under the same terms and conditions. If any change in conditions is negotiated, said renewal will
be contingent upon written approval of the Collier County Purchasing Department.
2. ASSIGNMENT. The Special Magistrate shall conduct hearings in accordance with the Scope of
Services of Request for Proposal (RFP) 13-6047 and the Special Magistrate's proposal incorporated
herein by reference, as well as additional services as required and mutually agreed upon in writing by the
VAB and Special Magistrate.
3. COMPENSATION. The VAB shall pay the Special Magistrate for the performance of this
Agreement on an hourly basis at a rate of one hundred twenty five dollars ($125.00) per hour for services
rendered in accordance with this Agreement. The Special Magistrate will maintain a record of time for
his/her performance under this Agreement and shall submit an invoice to the VAB after completion of all
scheduled hearings and recommendations to the VAB. This invoice shall be signed and certified by the
Special Magistrate as being accurate.
Any time required for research and preparation beyond the hours required to conduct hearings shall not
exceed twice the number of hours required for hearings without documentation of the need for such
additional hours and advance approval by the VAB Attorney or the VAB Clerk. Hours spent for
preparation and research in excess of this standard and without advance written approval will be deemed
excessive and unreasonable and subject to non-payment.
Time spent traveling to the location of the hearing in excess of one (1) hour will be compensated at the
hourly rate.
The compensation paid to the Special Magistrate shall be borne three-fifths (3/5s) by the COUNTY and
two-fifths (2/5s) by the SCHOOL BOARD. After payment of compensation to the Special Magistrate, the
COUNTY will calculate the SCHOOL BOARD's share of the compensation paid and prepare an invoice
for the SCHOOL BOARD. The SCHOOL BOARD agrees to pay the COUNTY within thirty (30) days of
receipt of this invoice.
4. NOTICES. All notices from the VAB to the Special Magistrate shall be deemed duly served if
mailed or faxed to the Special Magistrate at the following Address:
The Law Offices of Ellen T. Chadwell, PL
5675 Strand Court
Naples, FL 34110
Telephone: (239) 293-7691
Fax: (239) 593-3331
Email: ellenachadwelllaw.com
All Notices from the Special Magistrate to the VAB shall be deemed duly served if mailed or faxed to:
Clerk of the Circuit Court, as Clerk to the VAB
Harmon Turner Building,
3299 Tamiami Trail East
Suite 401
Naples, Florida 34112
Telephone: (239) 252-8399
Fax: (239) 252-8408
The Special Magistrate and the VAB may change the above mailing address at any time upon
giving the other party written notification. All notices under this Service Agreement must be in writing.
5. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating a
partnership between VAB and the Special Magistrate or to constitute the Special Magistrate as an agent
or employee of the VAB.
6. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, Fla. Stats, all permits
necessary for the prosecution of the Work shall be obtained by the Special Magistrate. Payment for all
such permits issued by the County and all non-County permits necessary for the prosecution of the Work
shall be procured and paid for by the Special Magistrate. The Special Magistrate shall also be solely
responsible for payment of any and all taxes levied on the Special Magistrate. In addition, the Special
Magistrate shall comply with all rules, regulations and laws of Collier County, the State of Florida, or the
U.S. Government now in force or hereafter adopted. The Special Magistrate agrees to comply with all
laws governing the responsibility of an employer with respect to persons employed by the Special
Magistrate.
7. NO IMPROPER USE. The Special Magistrate will not use, nor suffer or permit any person to use
in any manner whatsoever, County facilities for any improper, immoral or offensive purpose or for any
purpose in violation of any federal, state, county or municipal ordinance, rule, order or regulation, or of
any governmental rule or regulation now in effect or hereafter enacted or adopted. In the event of such
violation by the Special Magistrate or if the VAB or its authorized representative shall deem any conduct
on the part of the Special Magistrate to be objectionable or improper, the VAB shall have the right to
suspend the contract of the Special Magistrate . Should the Special Magistrate fail to correct any such
violation, conduct, or practice to the satisfaction of the VAB within twenty-four (24) hours after receiving
notice of such violation, conduct, or practice, such suspension to continue until the violation is cured.
8. TERMINATION. Should the Special Magistrate be found to have failed to perform his services in
a manner satisfactory to the VAB as per the requirements of this Agreement, the VAB may terminate said
agreement immediately for cause; further the VAB may terminate this Agreement for convenience with a
thirty (30) day written notice. The VAB shall be sole judge of non-performance.
9. CONTINUED REPRESENTATION. In the event suspension or termination occurs, Special
Magistrate agrees that s/he will continue representation of the VAB as needed to make determinations
regarding the suspension, and/or until such time as a replacement counsel can be appointed by the VAB
in compliance with 194.015, Fla. Stat.
10. NO DISCRIMINATION. The Special Magistrate agrees that there shall be no discrimination as to
race, sex, color, creed or national origin.
11. CONTRACT ADMINISTRATION. This Agreement shall be administered by the Clerk to the VAB
and the Collier County Purchasing Department.
12. COMPONENT PARTS OF THIS CONTRACT. This Contract consists of the attached component
parts, all of which are as fully a part of the contract as if herein set out verbatim: Special Magistrate's
Proposal, RFP 13-6047, Attorney Special Magistrate.
13. AMENDMENT.This Agreement can only be amended in a writing executed by all parties in the
same manner as this original Agreement.
***********************************Remainder of page intentionally left blank**********************************
0
IN WITNESS WHEREOF, the undersigned parties have each by an authorized person or agent,
her`eid their hands and seals on the date and year first above written.As
4sr` , ..,
DAtED , _ " BOAR F O N COMMISSIONERS OF
q`.'X"'i'ffST; D�ISII {�-I.Te• BaOCK,CLERK
COLL C U , FLORIDA
By:
1 �i� „'�� Georgia A. Hiller, Esq., Chairwoman
IF 1' �� ��5�0�18r>fftl8tl'S g
Sig fSVadss to form
and legality: n
Alt° ,✓ !4
Assistant (4 unty A•omey
COLLIER COUNTY DISTRICT SCHOOL
BO• ' I
WITNESSES: — rI_
(1) (/ By.. ' 1, . •\.N3). t, . \Ili.
Sch••I Boa •-ir, .:n Signature i
/Ctn,h (14..c2
Printed/Typed Name
r
(2) 1 _ /LA 4/;
Si. .,ure
/ i /
Printed/Typed Name
WITNESSE : ATTOR■ .Y
/ • ' / V / /
(1) A ii. .
.L . Signature
� Si•nature / I _
P' rinted/T peflame / . Typed signature and title
(2) /
7Signure CORPORATE SEAL
J�re tr i nncz.'v'a-c\ (Corporation only)
Printet/Typed Name
DATEpf COLLIER ' el NTY V• UE ADJUSTMENT
A ■ EgT: DVA(IGH ,1r:�RQI✓K.CLERK BOARD I
By:
..i..q r` ..AMC i Chairp- ._••
�� es as Georgia A. Hiller. Esq.Chairwoman
Collier` *./ alu- ' d� ment Board
• ' 'tom
Tom Henning, 2013 V 4 Chairman