VAB Agenda 02/10/2020 Item #11 (b)Dube ITEM 11
Renewal of
Professional Service
Contracts
Lorraine Dube
AGREEMENT 17-7047
for
Appraiser Special Magistrate for the Value Adjustment Board (VAB)
THIS AGREEMENT, made and entered into on this 1 day of .22 2017, by and
between Lorraine Dube, hereinafter called the "Appraiser Special Magistrate" authorized to
do business in the State of Florida, and the Collier County Value Adjustment Board;
consisting of members from the Collier County Board of County Commissioners, a political
subdivision of the State of Florida, hereinafter called the "Value Adjustment Board" (VAB).
WITNESSETH:
1. AGREEMENT TERM. The Agreement shall be for a three (3) year period, commencing
on the date of contract execution.
The Value Adjustment Board (VAB) may, at its discretion and with the consent of the
Appraiser Special Magistrate, renew the Agreement under all of the terms and
conditions contained in this Agreement for one (1) additional two (2) year period. The
County shall give the Appraiser Special Magistrate written notice of the VAB's intention
to renew the Agreement term prior to the end of the Agreement term then in effect.
The County Manager, or his designee, may at his discretion, extend the Agreement
under all of the terms and conditions contained in this Agreement for up to one hundred
and eighty (180) days. The County Manager, or his designee, shall give the Appraiser
Special Magistrate written notice of the County's intention to extend the Agreement term
prior to the end of the Agreement term then in effect.
2. STATEMENT OF WORK. The Appraiser Special Magistrate shall provide professional
services to the Value Adjustment Board in accordance with the terms and conditions of
Request for Proposal (RFP) #17-7047, and the Appraiser Special Magistrate's
proposal referred to herein and made an integral part of this Agreement. This
Agreement contains the entire understanding between the parties and any modifications
to this Agreement shall be mutually agreed upon in writing by the Parties, in compliance
with the County's Procurement Ordinance, as amended, and the Procurement
Procedures in effect at the time such services are authorized.
3. COMPENSATION. The VAB shall pay the Appraiser Special Magistrate for the
performance of this Agreement on an hourly basis at a rate of one hundred twenty
dollars ($120.00) per hour after receipt of an itemized statement of services. The parties
hereto will agree to the frequency of any periodic payments. Payment will be made to
Appraiser Special Magistrate upon receipt of a proper invoice or statement of hourly
services provided and upon approval by the Clerk to the VAB or his designee, and in
compliance with Chapter 218, FL Statutes, otherwise known as the "Local Government
Prompt Payment Act."
Page 1 of 6
#17-7047 Appraiser Special Magistrate for the Collier County Value Adjustment Board(VAB)
The Appraiser 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 Appraiser 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 Appraiser 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 Appraiser 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.
Appraiser Special Magistrate agrees to pay for ordinary expenses incurred, including,
but not limited to, costs of mailing, copies, facsimiles, telephone expenses, document
delivery (e.g., FEDEX, etc.) and secretarial services. Ordinary expenses as used herein
shall not include the mailing of copying expense of materials for mass dissemination.
However, the parties hereto may agree to include additional expenses or services in this
Agreement by mutual consent.
4. NOTICES. All notices from the County to the Appraiser Special Magistrate shall be
deemed duly served if mailed or faxed to the Appraiser Special Magistrate at the
following address:
Lorraine Dube
6231 Ashwood Lane
Naples, Florida 34110
Telephone: (239) 566-8848
Cellular: (239) 293-5768
Telephone: Email: dube5757(a?yahoo.com
All Notices from the Appraiser Special Magistrate to the VAB shall be deemed duly
served if mailed or faxed to the Value Adjustment Board at the following address:
Clerk to the Value Adjustment Board
Administration Building "F"
3299 Tamiami Trail East
Suite 401
Page 2 of 6
#17-7047 Appraiser Special Magistrate for the Collier County Value Adjustment Board(VAB)
Naples, FL 34112
Telephone: (239) 252-8399
Fax: (239) 252-8408
Email: vabclerkP,collierclerk.com
The Appraiser Special Magistrate and the Value Adjustment Board, or County, may
change the above stated mailing address at any time upon giving the other party written
notification. All notices under this Agreement must be in writing.
5. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating
a partnership between Collier County or the District School Board and the Appraiser
Special Magistrate or to constitute the Appraiser Special Magistrate as an agent of
Collier County or the District School Board.
6. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, F.S., all permits
necessary for the prosecution of the Work shall be obtained by the Appraiser 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
Appraiser Special Magistrate. The Appraiser Special Magistrate shall also be solely
responsible for payment of any and all taxes levied on the Appraiser Special Magistrate.
In addition, the Appraiser 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 Appraiser Special Magistrate agrees to comply with all laws
governing the responsibility of an employer with respect to persons employed by the
Appraiser Special Magistrate.
Further, in compliance with §119.0701, Florida Statutes which affect Special
Magistrate's duties and services provided pursuant to this Agreement, Special
Magistrate further agrees as follows:
a. If Special Magistrate has questions regarding the application of chapter 119,
Florida Statutes, to the Special Magistrate's duty to provide public records relating
to this Agreement„ contact the custodian of public records at (239) 252-8399,
vabclerk ,colliercierk.com and/or Collier County Value Adjustment Board, 3299
Tamiami Trail East, Suite 401, Naples, Florida 3411.
b. Special Magistrate must comply with all public record laws, including, but not
limited to:
i. Keep and maintain public records required by the VAB to perform the service.
ii. Upon request from the VAB'S custodian of public records, provide the VAB with
a copy of the requested records or allow the records to be inspected or copied
within a reasonable time at a cost that does not exceed the cost provided in
Chapter 119, Florida Statutes or as otherwise provided by law.
iii. Ensure that public records that are exempt or confidential and exempt from
public records disclosure requirements are not disclosed except as authorized
by law for the duration of this Agreement term and following completion of this
Agreement if Special Magistrate does not transfer the records to the VAB.
iv. Upon completion of this Agreement, transfer, at no cost, to the VAB all public
records in possession of Special Magistrate or keep and maintain public
Page 3 of 6
#17-7047 Appraiser Special Magistrate for the Collier County Value Adjustment Board(VAB)
records required by the VAB to perform the contracted services. If Special
Magistrate transfers all public records to the VAB upon completion of this
Agreement, Special Magistrate shall destroy any duplicate public records that
are exempt or confidential and exempt from public records disclosure
requirements. If Special Magistrate keeps and maintains public records upon
completion of this Agreement, Special Magistrate shall meet all applicable
requirements for retaining public records. All records stored electronically must
be provided to the VAB, upon request from the VAB'S custodian of public
records, in a format that is compatible with the information technology systems
of the VAB.
c. A request to inspect or copy public records relating to VAB'S contract for services
must be made directly to the VAB. If the VAB does not possess the requested
records, the VAB shall immediately notify Special Magistrate of the request, and
Special Magistrate must provide the records to the VAB or allow the records to be
inspected or copied within a reasonable time.
d. If Special Magistrate does not comply with the VAB'S request for records, the VAB
shall enforce the provisions of this Agreement, and in the event that Special
Magistrate fails to provide public records to the VAB within a reasonable time may
be subject to penalties under §119.10, Florida Statutes and further civil action,
including any attorney fees associated therewith.
7. NO IMPROPER USE. The Appraiser 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 Appraiser Special Magistrate or if the VAB or its authorized representative shall
deem any conduct on the part of the Appraiser Special Magistrate to be objectionable or
improper, the County shall have the right to suspend the contract of the Appraiser
Special Magistrate. Should the Appraiser 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 Appraiser Special Magistrate be found to have failed to
perform the 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,
Appraiser Special Magistrate agrees to 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 Value Adjustment Board (VAB) in
compliance with §194.015, Florida Statute.
10. NO DISCRIMINATION. The Appraiser Special Magistrate agrees that there shall be no
discrimination as to race, sex, color, creed or national origin.
Page 4 of 6
#17-7047 Appraiser Special Magistrate for the Collier County Value Adjustment Board(VAB)
11. INDEMNIFICATION. To the maximum extent permitted by Florida law, the Appraiser
Special Magistrate shall indemnify and hold harmless Collier County and the VAB, its
officers and employees from any and all liabilities, damages, losses and costs, including,
but not limited to, reasonable attorneys' fees and paralegals' fees, whether resulting
from any claimed breach of this Agreement by Appraiser Special Magistrate, any
statutory or regulatory violations, or from personal injury, property damage, direct or
consequential damages, or economic loss, to the extent caused by the negligence,
recklessness, or intentionally wrongful conduct of the Appraiser Special Magistrate or
anyone employed or utilized by the Appraiser Special Magistrate in the performance of
this Agreement. This indemnification obligation shall not be construed to negate,
abridge or reduce any other rights or remedies which otherwise may be available to an
indemnified party or person described in this paragraph.
This section does not pertain to any incident arising from the sole negligence of Collier
County or the VAB.
11.1 The duty to defend under this Article 12 is independent and separate from the duty
to indemnify, and the duty to defend exists regardless of any ultimate liability of the
Magistrate, VAB and any indemnified party. The duty to defend arises immediately upon
presentation of a claim by any party and written notice of such claim being provided to
Magistrate. Magistrate's obligation to indemnify and defend under this Article 12 will
survive the expiration or earlier termination of this Agreement until it is determined by final
judgment that an action against the VAB or an indemnified party for the matter
indemnified hereunder is fully and finally barred by the applicable statute of limitations.
12. AGREEMENT ADMINISTRATION. This Agreement shall be administered by the Clerk
to the VAB and the Collier County Procurement Services Division.
13. COMPONENT PARTS OF THIS AGREEMENT. This Agreement consists of the
following component parts, all of which are as fully a part of the Agreement as if herein
set out verbatim: Magistrate's Proposal, Certificate(s), and RFP #17-7047 "Appraiser
Special Magistrate for the VAB", including Scope of Work.
14. AMENDMENT. This Agreement can only be amended in writing, executed by all parties
in the same manner as this original Agreement.
Page 5 of 6
#17-7047 Appraiser Special Magistrate for the Collier County Value Adjustment Board(VAB)
IN WITNESS WHEREOF, the parties hereto, have each, respectively, by an authorized
person or agent, have executed this Agreement on the date and year first written above.
ATTEST: COLLIER COUN ,„ /7
DWIGHT E BROCK:4ERK VALUE ADA.)- kei' I BC
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()Attest as to Chairman's . uty 7-r And ew Soils, AB Chairman
signature oily. 1
Approved as to Form and Legality.
. Dig tally signeo by Holty E Cosby
Holly E. Cosby rozprY.!cotziLyzos°7;.:!‘-rus
Date 2017 0825 17 5302 04 00
VAB Attorney
I .. APPRAISER SPECtAL MAGISTRATE
Lorraine Dube
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By
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IN WITNESS WHEREOF, the parties hereto, have each, respectively, by an authorized
person or agent, have executed this Agreement on the date and year first written above.
ATTEST: COLLIER COUNTY
DWIGHT E. BROCK, CLERK VALUE ADJUSTMENT BOARD
(<011WC‘,- By:
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Attest as to Chairman's
signature
Clerk Penny Taylor,, hairn�a
signature only.
Approved as to Form and Legality:
V' : At •rney
ATTORNEY: Holly E. Cosby, P.A.
LL,011
By:
Holly E. Cosby, P.A.
Page 5 of 5
#17-7046 lndependeitt Legal Services for the Collier County Value Adjustment Board(VAB)
Florida
Lawyers
Mutual
INSURANCE COMPANY
CERTIFICATE OF INSURANCE
This Certificate is issued as a matter of information only and confers no rights upon the Certificate Holder. This
Certificate does not amend,extend or alter the coverage afforded by the policy listed below:
NAMED INSURED AND ADDRESS:
Law Office of Holly E.Cosby. P.A.
602 Center Road
Fort Myers. FL 33907
This is to certify that the policy of insurance listed below has been issued to the insured named above and is in force
at this time.
TYPE OF INSURANCE: LAWYERS PROFESSIONAL LIABILITY
POLICY NUMBER: 79637
POLICY TERM: 10/13/2016 to 10/13/2017
LIABILITY LIMITS: $ 500,000 per claim
$1,000,000 total limit
CANCELLATION: Should the above-described policy be canceled before the expiration date thereof, the issuing
Company will endeavor to mail 30 days written notice to the below named Certificate Holder,but failure to mail such
notice shall impose NO obligation or liability of any kind upon the Company,its agents or representatives.
NAME AND ADDRESS OF CERTIFICATE HOLDER:
Collier County Value Adjustment Board
c/o Minutes Office
3299 Tamiami Trail East. Suite 401
Naples. Florida 34112
April 20, 2017 'Z
DATE OF ISSUE c P7r•ENTATIVE
11111 541 East Mitchell Hammock Road, Oviedo,FL 32765 P 800.633.6458 I F f:00.781.2010 I flmic.com
Florida
Lawyers
Mutual
INSURANCE COMPANY
CERTIFICA IT OF INSURANCE
This Certificate is issued as a matter of information only and confers no rights upon the Certificate holder. This
Certificate does not amend,extend or alter the coverage atlorded by the policy listed below
NAMED INSURED AND ADDRESS:
Law Office of Holly E.Cosby. P.A.
602 Center Road
Fort Myers. Fl. 33907
This is to certify that the policy of insurance listed below has been issued to the insured named above and is in force
at this time.
TYPE OF INSURANCE: LAWYERS PROFESSIONAL LIABILITY
POLICY NUMBER: 88.177
POLICY TERM: 10'13 2018 to 10.13'2019
LIABILITY LIMITS: S 500.000 per claim
S1.000.000 total limit
CANCELLATION: Should the above-described policy be canceled before the expiration date thereof, the issuing
Company will endeavor to mail 30 days written notice to the below named Certificate Holder,but failure to mail such
notice shall impose NO obligation or liability of any kind upon the Company,its agents or representatives.
NAME AND ADDRESS OF CERTIFICA I t HOLDER:
Collier County Value Adjustment Board
co Minutes Office
3299 Tamiami Trail East,Suite 401
Naples. Florida 341 12
October 11.2018
DATE OF ISSUE „y., ;N'I `I'IV1:
541 East Mitchell Hammock Road.Oviedo,FL 32765 P 800.633.6458 1 F 800.781.2010 1 flmic.com