Contract #13-6047 - Ellen T. Chadwell, PL 13-6047 Attorney Special Magistrate Agreement for Value Adjustment Board
THIS AGREEMENT has been made and entered into on this C,4`?"day of aa
2013, by and between Ellen T. Chadwell of The Law Offices of Ellen T. Chadwell, PL hereinafter referred
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(a�chadweIllaw.corn
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.
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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.
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IN WITNESS WHEREOF, the undersigned parties have each by an authorized person or agent,
heretindeltitt their hands and seals on the date and year first above written.
BOAR OF)UV N COMMISSIONERS OF
=ATTEST: : " � COLL C U , FLORIDA
= TTEST: DWIG1 T-E.:BROCK, CLERK
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t;r fast BY:Georgia A. Hiller, Esq., Chairwoman
man's ip
SinOrrgallYis to form
and legality:
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Alt� '✓' ,#._I4.
Assistant (4 unty A'orney
COLLIER COUNTY DISTRICT SCHOOL
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DATED:AriJv5 `>. EADJUSTMENT
A EST: DWIGH E.BRCC%K, CLERK COLLIER ' .1 NTY V U
i'l , j,)/1/ .e.,„;
BOARD
Mail By:
'Attes as • • • i Chairp-• ••
Georgia A. Hiller. Esa.
nIV. m
Collie"rt�''ur,�y Valu- '-dj ent Board Chairwoman
Tom Henning, 2013 NA Chairman
VAB RESOLUTION 2015-01
A RESOLUTION OF THE VALUE ADJUSTMENT BOARD OF COLLIER
COUNTY, FLORIDA, RELATING TO THE CONTRACTS FOR VALUE
ADJUSTMENT BOARD SPECIAL MAGISTRATES
WHEREAS, Collier County, a political subdivision of the State of Florida, and the
District School Board of Collier County (the "County") had previously entered into Contracts
with Davia Mazur, Esq., Ellen Chadwell, Esq., Scott Watson, MAI, Geri Armalavage, MAI and
Mark Pelletier, CMEA (collectively the"Special Magistrates") for the 2014 Tax Year; and
WHEREAS, the Value Adjustment Board of Collier County, Florida (the"VAB") desires
to continue with those appointments to serve as the Special Magistrates for the 2015 Tax Year
term in accordance with the terms and conditions of Contract 13-6046 and Contract 13-6047,
respectively;
NOW, THEREFORE, BE IT RESOLVED BY THE VALUE ADJUSTMENT BOARD
OF COLLIER COUNTY, FLORIDA, that:
The Value Adjustment Board of Collier County, Florida (the "VAB") authorize with the
following individuals to serve as the Special Magistrates for the 2015 Tax Year:
1) Davia Mazur, Esq. —Attorney(Exemptions, Classifications & Portability)
2) Ellen Chadwell, Esq. —Attorney (Exemptions, Classifications &
Portability)
3) Scott Watson, MAI (The Coastal Consulting Group, Inc.) — Commercial
and Residential Appraiser
4) Mark Pelletier, CMEA (South Florida Valuation Services, Inc.) —
Residential and Tangible Personal Property Appraiser
no
This Resolution of the Value Adjustment Board is made this day of A'titaf, 2015, after
motion, second and majority vote.
ATTEST: VALUE ADJUSTMENT BOARD
DWIGHT E. BRO , CLERK COLLIER OUNTY, FLO IDA
y: By: / -
Atte as to Chairman'&; Deputy Clerk , Chairman
signature only.
Approved as to form
and legal sufficiency
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J. es F. Morey,,4 AB Legal Counsel