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Backup Documents 05/28/2013 Item #16E 1 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 4 6E 1 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE • Routed by Purchasing Department to Office Initials Date the Following Addressee(s) (In routing order) 1. Risk-Management Risk 2. County Attorney Office County Attorney Office (�� (01,(c.\% 3. BCC Office Board of County [ �G Commissioners 7(5-/ \\z\VS 4. VAB Chairman VAB Office 5. Minutes and Records Clerk of Court's Office —Pm 6(114(13 qpM 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 June 3, 2013 Contact and Date Agenda Date Item was May 28,2013 V 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 Davia Odell number if document is Number/Vendor Name Mazur 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. clr � pea�e 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 g 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 the •v.) Chairman's signature. 16E IN 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) 16E ` . 13-6047 Attorney Special Magistrate Agreement for Value Adjustment Board THIS AGREEMENT has been made and entered into on thist" day of 11ik0. 2013, by and between Davia Odell Mazur, Esq. hereinafter referred to as "Special Magistr te," 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: Davia Odell Mazur, Esq. 9630 NW 39th Court Cooper City, FL 33024 Telephone: (954) 328-1932 Fax: (954) 922-2131 Email: dmazur99Cc�belisouth.net Cq 16E 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. C,q 1 E 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 1 6 ril E 1 . IN WITNESS WHEREOF, the undersigned parties have each by an authorized person or agent, hereunder sAtheir Jiands and seals on the date and year first above written. 't'�AL-.`ate.. ' o�: DATE(. ' ... BOARD 0 •UNTY OMMISSIONERS OF TTEST: fiW1GHT E:-BROCK, CLERK COLLIE'- C4U TY, F ORIDA ItKIIII. A /J� . By: 1 • es as o_ al 'an s• /. Geo gp• !firer, Esq., Chairwoman sl na#ure pp'� �pprovea as to'iorm and legality: Caw 1 - - Assistan County .ti ney S4N� %te a P..eLLfD.tD COLLIER COUNTY DISTRICT SCHOOL BOARD WITNESS S.: (1) By: Signature School Board Chairman Printed/Typed Name (2) Signature Printed/Typed Name WITNESES: 'ATTO Y �i.� I I-.)1,0,, ., , (1) ,, / /II� Q. • Signature S •nature jc...__ _,L)n 111- (-3--L)(E _C\_:�. b 'a Q1J1 ( i(itaZir Ecc s . Printed/Typed Name Typed signature and title (2)7Ctitt-LY V �'vi/✓ .- ture , f , '�(11 k >° W U h L t„( CORPORATE SEAL Printed/Typed Name (Corporation only) DATED: ATTEST: DWIGHT E. BROCK, CLERK COLLIER/C 1 U TY V UE ADJUSTMENT BOARD ■ By: J Chairs son Georgia A. Hiller, Esq. Chairwoman ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT T� 1 THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Routed by Purchasing Department to Office Initials Date the Following Addressee(s) (In routing order) 1. Disk Management Risk 2. County Attorney Office County Attorney Office 5Pci/13 3. BCC Office Board of County Y Commissioners /S/ L4 .k 4. VAB Chairman VAB Office 5. Minutes and Records Clerk of Court's Office 61143 tiprn 6. Return to Purchasing Department Purchasing f 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 � 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 Number/Vendor 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. ScSrcr 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 t e Chairman's signature. 1 6 :E 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 (VAI3) 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) 16E 13-6047 Attorney Special Magistrate Agreement for Value Adjustment Board THIS AGREEMENT has been made and entered into on this day 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: ellen( chadwelllaw.com Y 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. 1 6 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 ICa„1 16E 1 4 IN WITNESS WHEREOF, the undersigned parties have each by an authorized person or agent, hermetic s S&thjr Rands and seals on the date and year first above written. DATED`: ' BO• ' ' OF C•UNTY COMMISSIONERS OF EST: DWI T E. Q11OCK, CLER C• LI NR 0 •NTY, FLORIDA !. . 'MO £ 'a By - .i':� . Hiller, Esq., Chairwoman signature only. pproved as to form and legality: � 1 ' Assistant Co lty Attorney COLLIER COUNTY DISTRICT SCHOOL BOARD WITNESSES: (1) By: Signature School Board Chairman Printed/Typed Name (2) Signature Printed/Typed Name WITNESSE : ATTO Y 72- / Sig a ure Signature Name /'� fit-„► ► - Vhl�.l u�t Prtnted/TyO1 1 Typed signature and title (2j ll . n' -v .'Signature 5hnr CORPORATE SEAL Printed/Typed Name (Corporation only) DATED: A •UNTY ALUE ADJUSTMENT ATTEST: DWIGHT E. BROCK, CLERK COL = ' BO • By: Vrperson Georgia A. Hiller,Esq. Chairwoman ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP1 6 E 11 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE ' - Routed by Purchasing Department to Office Initials Date the Following Addressee(s) (In routing order) 1. Risk Management Risk 2. County Attorney Office County Attorney Office tie siztii3 3. BCC Office Board of County Y1•( G Commissioners /1 ke-kV 4. VAB Chairman VAB Office Minutes and Records Clerk of Court's Office v 6(1(4 i13 Lip to 1 6. Return to Purchasing Department Purchasing V 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 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/Contry 13-6046 Coastal number if document is Number/Vendor N e Consulting 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. _ ,p y4 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 Ni'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 Wit BCC. all changes directed by the BCC have been made, and the document is ready for the r Chairman's signature. 1 6E 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) 16E AGREEMENT 13-6046 APPRAISER SPECIAL MAGISTRATE FOR VALUE ADJUSTMENT BOARD THIS AGREEMENT has been made and entered into on this 22 %ay of , 2013, by and between Scott H. Watson of Coastal Consulting Group, Inc. hereinafter referred to s "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. STATEMENT OF WORK. The Special Magistrate shall conduct hearings in accordance with the Scope of Services of Request for Proposal (RFP) 13-6046 and the Special Magistrate's proposal hereto attached and 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 dollars ($120.00) 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: Coastal Consulting Group Scott H. Watson 1314 East Las Olas Blvd., Suite 801 Fort Lauderdale, FL 33301 Telephone: (954) 776-9938 Fax: (954) 776-0970 Email: ccg25c bellsouth.net 16E 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 shalt 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 13-6046, Appraiser Special Magistrate. Cq 6E 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 (C4 16E 1 IN WITNESS WHEREOF, the undersigned parties have each by an authorized person or agent, hereunder set their hands and seals on the date and year first above written. DAT 'D BOARD • OUN COMMISSIONERS OF ANE$F' R !IT E'BROCK, CLERK COLLI:" i • TY, FLORIDA Piiti t _� lti'iffldi r% By: 1 A Atte .349 gn'hairm Geo •w a A. Hiller, Esq., Chairwoman signa tptog and legality: Assistant C. my Att,mey COLLIER COUNTY DISTRICT SCHOOL BOARD WITNESSES: (1) By: Signature School Board Chairman Printed/Typed Name (2) Signature Printed/Typed Name WITNE ES: SPECIAL( i MAGISTF1ATE: h, i�� Signature Signature By: Pri &Typed N -ne Typed signature and title (2) Si ature (AWL At ( I Ce--- Printed/Typed Name DATED: ATTEST: DWIGHT E. BROCK, CLERK COLLI R • NTY V•LUE ADJUSTMENT BOAR* By: A Cha p. son Georgia A. Hiller, Esq. Chairwoman 39 1 ORIGINAL DOCUMENTS CHECkLIS I & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO. TILE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Routed by Purchasing Department to the Following Addressee(s) (In routing order) Office Initials Date I. Risk Ma nt Risk 2. County Attorney Office County Attorney Office 5 15Z41 113 3. BCC Office Board of County \( J cG Commissioners 4. VAB Chairman VAB Office $. Minutes and Records Clerk of Court's Office it4 11 3 6 Return to Purchasing Department Purchasing l�l 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 Agenda Item Number I6.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 3-6046 Armalavage number if document is Number/Vendor Name Valuation 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) I. 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. _,N-1:30VlA 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. [he Chairman's signature line date has been entered as the elate 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 1)I) 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 the 5 Chairman's signature. 16E 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) i6E Fl AGREEMENT 13-6046 APPRAISER SPECIAL MAGISTRATE FOR VALUE ADJUSTMENT BOARD THIS AGREEMENT made and entered into this 2$14‘day of , 2013, by and between Geri F. Armalavage of Armalavage Valuation, LLC. hereinafter called e "Special Magistrate" and Collier County, a political subdivision of the State of Florida, and the District School Board of Collier County, hereinafter collectively called 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. STATEMENT OF WORK. The Special Magistrate shall conduct hearings in accordance with the Scope of Services of Request for Proposal (RFP) 13-6046 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 dollars ($120.00) 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: Geri F. Armalavage Armalavage Valuation, LLC. 2240 Venetian Court Naples, FL 34109 FAX: 239-514-4647 Telephone: 239-514-4646 Email: geri @armalavage.com 16E 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 13-6046, Appraiser Special Magistrate. 16E 1 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 blan 16E is' IN WITNESS„WHEREOF, the undersigned parties have each by an authorized person or agent, hereupd* ?tth ►rah5rtds and seals on the date and year first above written. M r, .-i `9-4‘ DATb - :. w - ; BOARD t COUNT COMMISSIONERS OF ST: DW T E+BFCK, CLERK COLLI - • NT FLORIDA • BY ' ' esias to Chairman's Ge•7 Ter, Esq., Chairwoman St oved 2 'to form and legality: ssistant unty Attorney COLLIER COUNTY DISTRICT SCHOOL BOARD WITNESSES: (1) By: Signature School Board Chairman Printed/Typed Name (2) Signature Printed/Typed Name WI SPECIAL : . 'ATE: (�lei,„ ��.►�i� �/ it• By: ,g/ –A-d`— atur- - 4'1 Sign. ure / (ef and ppc rar nO Geri F.Managing Di 'r” ! G� 7 Q� Senior Managing Director Printed ped Name Typed signature and title (2) I _ ...AIL— Si n .ture E ( .oVZ.if Printed/Typed Name DATED: ATTEST: DWIGHT E. BROCK, CLERK COLLI c.OUNTY VALUE ADJUSTMENT BOAR By: I ' Champ: '.n♦ Geo •i. A. Hiller, Esq. Chairwoman