Agenda 05/28/2013 Item #16E1 5/28/2013 16.E.1 .
EXECUTIVE SUMMARY
Recommendation to approve agreements for the Request for Proposals (RFP) 13-6046
Appraiser Special Magistrate(s) for Value Adjustment Board (VAB) and 13-6047
Attorney Special Magistrate(s) for Value Adjustment Board (VAB) and authorize the
Board of County Commissioners' Chairwoman and the VAB Chairman to execute the
contracts with Armalavage Valuation, LLC. and The Coastal Consulting Group, Inc. for
Contract 13-6046 and The Law Office of Ellen T. Chadwell, PL and Davia Mazur, Esq.
for Contract 13-6047.
OBJECTIVE: To secure independent magistrate services to conduct hearings on real property value
and tangible personal property value petitions and petitions regarding exemptions (i.e. homestead,
"substantially complete" determination, etc.), classifications and portability transfer petitions for the
County's Value Adjustment Board.
CONSIDERATIONS: Section 194.035, Florida Statutes, requires all counties having a population of
more than 75,000 to appoint Special Magistrates for the purpose of taking testimony and making
recommendations to the Value Adjustment Board.
The Purchasing Department issued RFP 13-6046 Appraiser Special Magistrate for Value Adjustment
Board and RFP 13-6047 Attorney Special Magistrate for Value Adjustment Board on January 29,
2013.
• 13-6046 Appraiser Special Magistrate for Value Adjustment Board: Over two (200) hundred
email notices were sent; thirty-six (36) solicitations were downloaded; and the County, on
behalf of the Value Adjustment Board, received four (4) proposals. A selection team reviewed
the proposals and recommends awards to Armalavage Valuation, LLC. for the review of both
real estate and tangible property; and The Coastal Consulting Group, Inc. for the review of real
estate valuation.
• 13-6047 Attorney Special Magistrate for Value Adjustment Board: Over one (100) hundred
email notices were sent; twenty-four (24) solicitations were downloaded; and the County, on
behalf of the Value Adjustment Board, received three (3) proposals. A selection team
reviewed the proposals and recommends awards to The Law Office of Ellen T. Chadwell, PL
and Davia Mazur Esq.
Staff, in conjunction with the Clerk of the Courts, Minutes and Records and the County Attorney's
Office, has prepared the agreements for the provision of these services, which include the conduct of
hearings on petitions regarding exemptions, classifications and real and personal property valuations.
Copies of the proposed agreements are attached. In summary, the agreements require that the
Special Magistrates conduct hearings on petitions during the time period of October 1 through
December 31. All hearings are to be conducted in accordance with the rules of procedure adopted by
the Collier County Value Adjustment Board, the Department of Revenue Administrative Rules and
applicable Florida Statutes. The agreements provide that the Special Magistrate shall make a
recommendation to the Value Adjustment Board after hearing each petition. The Agreement provides
that the Attorney Special Magistrate will be paid on an hourly basis, at a rate of $125.00 per hour.
The Appraiser Special Magistrates will be paid on an hourly basis at the rate of $120.00 per hour.
These contracts are eligible for renewal contract options at the discretion of the VAB.
Each Special Magistrate will be sitting in a quasi-judicial capacity and as such will enjoy qualified, and
in some instances, absolute immunity for his/her actions in considering the petition, all evidence, and
Packet Page-2240-
5/28/2013 16.E.1.
making written findings and recommendations. After discussion with the County's Risk Management
Director (Jeff Walker), staff is requesting that the Board waive any insurance requirements.
Staff recommends that the Board authorizes agreements for Request for Proposals (RFP) 13-6046
Appraiser Special Magistrate(s) for Value Adjustment Board (VAB) and 13-6047 Attorney Special
Magistrate(s) for Value Adjustment Board (VAB) and authorizes the Board's representative to approve
these contracts. This action must be approved by the Board, the School Board and the Value
Adjustment Board.
FISCAL IMPACT: The total all inclusive cost for services under these agreements is estimated to be
less than fifty thousand ($50,000) per annum. This cost is shared with the District School Board,
which by statute is responsible for two-fifths of these expenses. The County will pay these costs and
invoice the School Board for its respective share. These expenditures are included in the operating
budget in the general fund 001, Other G &A fund center 103010.
LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney's Office, is
approved as to form and legality, and requires majority vote for Board approval. - JBW
GROWTH MANAGEMENT IMPACT: There is no impact on the Growth Management Plan.
RECOMMENDATION: That the Board of County Commissioners approves agreements for Request
for Proposals (RFP) 13-6046 Appraiser Special Magistrate(s) for Value Adjustment Board (VAB) and
13-6047 Attorney Special Magistrate(s) for Value Adjustment Board (VAB) and authorizes the Board
of County Commissioners' Chairwoman, and the VAB Chairman to execute the contracts with
Armalavage Valuation, LLC. and The Coastal Consulting Group, Inc. for Contract 13-6046 and The
Law Office of Ellen T. Chadwell, PL and Davia Mazur Esq. for Contract 13-6047.
PREPARED BY: Joanne Markiewicz, Interim Purchasing /General Services Director
Attachments
• 13-6046 Selection Committee Ranking
• 13-6046 Agreement
• 13-6047 Selection Committee Ranking
• 13-6047 Agreement
Packet Page -2241-
5/28/2013 16.E.1 .
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.E.16.E.1.
Item Summary: Recommendation to approve agreements for the Request for Proposals
(RFP) 13-6046 Appraiser Special Magistrate(s)for Value Adjustment Board (VAB) and 13-6047
Attorney Special Magistrate(s) for Value Adjustment Board (VAB) and authorize the Board of
County Commissioner's Chairwoman, and the VAB Chairman to execute the contracts with
Armalavage Valuation, LLC. and The Coastal Consulting Group, Inc. for Contract 13-6046 and
The Law Office of Ellen T. Chadwell, PL and Davia Mazur, Esq. for Contract 13-6047.
Meeting Date: 5/28/2013
Prepared By
Name: MarkiewiczJoanne
Title: Manager-Purchasing Acquisition,Purchasing&Gene
5/1/2013 12:13:24 PM
Submitted by
Title: Manager-Purchasing Acquisition,Purchasing&Gene
Name: MarkiewiczJoanne
5/1/2013 12:13:26 PM
Approved By
Name: Evelyn Colon
Title:Purchasing-Procurement Specialist
Date: 5/1/2013 1:54:27 PM
Name: MarkiewiczJoanne
Title: Manager-Purchasing Acquisition,Purchasing&Gene
Date: 5/2/2013 8:12:44 AM
Name: pochopinpat
Title: Administrative Assistant,Facilities Management
Date: 5/2/2013 9:33:04 AM
Packet Page-2242-
5/28/2013 16.E.1 .
Name: WardKelsey 4.
Title:Manager-Contracts Administration,Purchasing&Ge
Date: 5/2/2013 4:57:32 PM
Name: MorganTrish
Date: 5/8/2013 9:41:11 AM
Name: BelpedioJennifer
Title: Assistant County Attorney,County Attorney
Date: 5/13/2013 9:23:52 AM
Name: PriceLen
Title: Administrator, Administrative Services
Date: 5/15/2013 3:28:08 PM
Name: BelpedioJennifer
Title: Assistant County Attorney,County Attorney
Date: 5/16/2013 10:17:51 AM
Name: PryorCheryl
Title: Management/Budget Analyst, Senior,Office of Manag
Date: 5/16/2013 12:13:44 PM
Wit.
Name: KlatzkowJeff
Title: County Attorney
Date: 5/16/2013 3:05:10 PM
Name: IsacksonMark
Title: Director-Corp Financial and Mgmt Svs,CMO
Date: 5/19/2013 10:32:56 AM
Packet Page-2243-
5/28/2013 16.E.1.
0 0 0 0
0 00 0
§ 0 0 .
it re _ CN a 6
� R e
22 /
2 k _
■ /
o — F
03 co
2 . i
k
■ R -
o °
}
>
0
/
as
k
0 / 0
S
F. ® � � a)
Ts_ 2 • 2 $ 7.
2 % B / � /
aal � 0JJ §
i 8 2 7 E 2 2 2
CO ■ = � � ci
6. §e 0 ._ > 2 ƒ
y/ /) k k 0 & � 7•i . « _ / @ E o
f 2 ( co k _7_? 2
re > « 3 a
Packet Page -2244-
5/28/2013 16.E.1.
c ro
a
L —
7.co
4
o
m c'
fR
C
d Y V,
ea e,:
= c a
iTi ki 3
d a)'
c
.,_.
> "~ ca-
G L :
in-
o
■
, `D O.;
44
h o
�
ba
as
W
' L �
t a.: QJ CI. ••-■ 03
c c > 1
to •i d '-=`i0
fi ; a
ca
ai �� u
a c
ac I= ~ Q a
Packet Page-2245-
5/28/2013 16.E.1.
AGREEMENT 13-6046 APPRAISER SPECIAL MAGISTRATE FOR VALUE ADJUSTMENT BOARD
THIS AGREEMENT has been made and entered into on this day of , 2013,
by and between Scott H. Watson of Coastal Consulting Group, Inc. 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. 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: ccg25 anbellsouth.net
Packet Page -2246-
`90
5/28/2013 16.E.1.
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
Proposal, RFP 13-6046, Appraiser Special Magistrate.
Cq
Packet Page -2247- —)
5/28/2013 16.E.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 blank
Packet Page-2248- cA
5/28/2013 16.E.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.
DATED: BOARD OF COUNTY COMMISSIONERS OF
ATTEST: DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA
By:
Georgia A. Hiller, Esq., Chairwoman
Approved as to form
and legality:
Assistant County Attorney'----v
COLLIER COUNTY DISTRICT SCHOOL
BOARD
WITNESSES:
(1) By:
Signature School Board Chairman
Printed/Typed Name
(2)
Signature
Printed/Typed Name
WITNESSES: SPECIAL MAGISTRATE:
(1) By:
Signature Signature
Printed/Typed Name Typed signature and title
(2)
Signature
Printed/Typed Name
DATED:
ATTEST: DWIGHT E. BROCK, CLERK COLLIER COUNTY VALUE ADJUSTMENT
BOARD
By:
Chairperson
Packet Page -2249-
5/28/2013 16.E.1.
AGREEMENT 13-6046 APPRAISER SPECIAL MAGISTRATE FOR VALUE ADJUSTMENT BOARD
THIS AGREEMENT made and entered into this day of , 2013, by and
between Geri F. Armalavage of Armalavage Valuation, LLC. hereinafter called the "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: gerit armalavage.com
Packet Page-2250-
5/28/2013 16.E.1 .
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. Asik
CA
Packet Page-2251-
5/28/2013 16.E.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 blank
L'AC
Packet Page-2252-
5/28/2013 16.E.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.
DATED: BOARD OF COUNTY COMMISSIONERS OF
ATTEST: DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA
By:
Georgia A. Hiller, Esq., Chairwoman
Approved as to form
and legality:
Assistant County Attorney''*
COLLIER COUNTY DISTRICT SCHOOL
BOARD
WITNESSES:
(1) By:
Signature School Board Chairman
Printed/Typed Name
(2)
Signature
Printed/Typed Name
WITNESSES: SPECIAL MAGISTRATE:
(1) By:
Signature Signature
Printed/Typed Name Typed signature and title
(2)
Signature
Printed/Typed Name
DATED:
ATTEST: DWIGHT E. BROCK, CLERK COLLIER COUNTY VALUE ADJUSTMENT
BOARD
By:
Chairperson
Packet Page -2253-
5/28/2013 16.E.1.
0 0 0
to ; 00000
c
LL rt r' N C`).
M f- co
co co
Oa"! co co R M CD co
d > M
co cs) 46
CCD D v
E
O C = N t- acv) ,��
d
U Y CCs
as E
o c m a m
v ..+ E
d = d �_ ,'
d E
CD iZ �.+ N .4.
v
vo
Q
o = .
a .7) 0
Ira
O c r. N C+7 2
v- s w
d N_ O) C
•L
CU O m. C
�. F- O
N ,
C4
2
ra ca
C
0
E N
N
CC
iii M Z s J U
F Q N
C ()
ca
* CC V
LL L W co a.
Packet Page -2254-
5/28/2013 16.E.1 .
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 Davia Odell Mazur, Esq. 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:
Davia Odell Mazur, Esq.
9630 NW 39th Court
Cooper City, FL 33024
Telephone: (954) 328-1932
Fax: (954) 922-2131
Email: dmazur99abellsouth.net
Packet Page-2255-
5/28/2013 16.E.1.
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 fedetal, 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.
Cq
Packet Page-2256-
5/28/2013 16.E.1.
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**********************************
Packet Page-2257-
c9
5/28/2013 16.E.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.
DATED: BOARD OF COUNTY COMMISSIONERS OF
ATTEST: DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA
By:
Georgia A. Hiller, Esq., Chairwoman
Approved as to form
and legality:
Assistant County Attorney
COLLIER COUNTY DISTRICT SCHOOL
BOARD
WITNESSES:
(1) By:
Signature School Board Chairman
Printed/Typed Name
(2)
Signature •
Printed/Typed Name
WITNESSES: ATTORNEY
(1) By:
Signature Signature
Printed/Typed Name Typed signature and title
(2)
Signature
CORPORATE SEAL
Printed/Typed Name (Corporation only)
DATED:
ATTEST: DWIGHT E. BROCK, CLERK COLLIER COUNTY VALUE ADJUSTMENT
BOARD
By:
Chairperson
Packet Page-2258-
5/28/2013 16.E.1 .
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 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. soak
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(D.chadwelllaw.com
Packet Page -2259-
5/28/2013 16.E.1.
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.
Packet Page -2260- (1)
5/28/2013 16.E.1 .
12. COMPONENT PARTS OF THIS CONTRACT. This Contract consists of the attached component 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**********************************
Packet Page-2261-
A
5/28/2013 16.E.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.
DATED: BOARD OF COUNTY COMMISSIONERS OF
ATTEST: DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA
By:
Georgia A. Hiller, Esq., Chairwoman
Approved as to form
and legality:
(77-4_4-9
Assistant County Attorney
COLLIER COUNTY DISTRICT SCHOOL
BOARD
WITNESSES:
(1) By:
Signature School Board Chairman
Printed/Typed Name
(2)
Signature
Printed/Typed Name
WITNESSES: ATTORNEY
(1) By:
Signature Signature
Printed/Typed Name Typed signature and title
(2)
Signature
CORPORATE SEAL
Printed/Typed Name (Corporation only)
DATED:
ATTEST: DWIGHT E. BROCK, CLERK COLLIER COUNTY VALUE ADJUSTMENT
BOARD
By:
Chairperson
Packet Page -2262-
€:#)