2009 VAB Special Magistrate INDIAN RIVER (Appraiser Special Magistrate) (See pages 1-5) (Attorney Special Magistrate) (See pages 6-10)

Transcription

1 2009 VAB Special Magistrate INDIAN RIVER (Appraiser Special Magistrate) (See pages 1-5) (Attorney Special Magistrate) (See pages 6-10)

2 INDIAN RIVER (Appraiser Special Magistrate) AGREEMENT BETWEEN THE INDIAN RIVER COUNTY VALUE ADJUSTMENT BOARD AND MICHAEL E. ARMBRUSTER FOR SPECIAL MAGISTRATE SERVICES This Agreement is made and entered into by and between the Indian River County Value Adjustment Board, th Street, Vero Beach, Florida (hereinafter referred to as "BOARD"), and MICHAEL E. ARMBRUSTER, Appraisal Masters Incorporated, 725 S.E. Port St. Lucie Boulevard, Suite 206, Port St. Lucie, FL (hereinafter referred to as "SPECIAL MAGISTRATE"), on this day of WITNESSETH: WHEREAS, the BOARD needs the services of a Special Magistrate as provided by Chapter 194, Florida Statutes, for the purpose of taking testimony at hearings, and making recommended findings of fact and conclusions of law to the BOARD; and WHEREAS, the SPECIAL MAGISTRATE desires to provide such services to the BOARD as an independent contractor; and WHEREAS, the SPECIAL MAGISTRATE confirms he meets the qualifications of Fla. Stat. (2005) in that he is not an elected or appointed official or an employee of a taxing jurisdiction in the State of Florida; he is state certified real estate appraiser with no less than five years experience in real property valuation; he is a designated member of a nationally recognized appraiser s organization with no less than five years of experience in tangible personal property valuation; and he shall not represent a person before the BOARD in any tax year during the time he shall serve as SPECIAL MAGISTRATE. NOW, THEREFORE, in consideration of the mutual terms and conditions, promises, covenants and payment hereinafter set forth, the BOARD and SPECIAL MAGISTRATE agree as follows: ARTICLE 1: SERVICES 1.1 SPECIAL MAGISTRATE shall perform professional services to the BOARD as a SPECIAL MAGISTRATE. The SPECIAL MAGISTRATE'S services shall include, but not be limited to the following: a. Taking testimony and reviewing evidence at hearings provided pursuant to Chapter 194, Florida Statutes; b. Making recommended findings of fact and conclusions of law to the BOARD concerning the determination of the Indian River County Property Appraisers, within twenty (20) calendar days of the conclusion of testimony of any case; c. Making a verbatim record of the proceedings and preserve any documentary evidence submitted for consideration. 1 1

3 1.2 SPECIAL MAGISTRATE shall be responsible for complying with all federal, state and local rules, regulations, statutes, laws or ordinances, regarding payment for his services under this Agreement, and any reporting requirements there under. SPECIAL MAGISTRATE agrees that he will not display or distribute business cards or otherwise advertise his business while serving as SPECIAL MAGISTRATE for the BOARD. 1.3 During any hours SPECIAL MAGISTRATE provides services to BOARD, SPECIAL MAGISTRATE shall devote his full time and effort to the services being performed for the BOARD. SPECIAL MAGISTRATE shall truthfully and accurately maintain all records and make such reports as the BOARD may require. SPECIAL MAGISTRATE shall comply with all requirements of Chapter 119 F.S. 1.4 The Clerk to the BOARD shall provide the SPECIAL MAGISTRATE the names of real and personal property owners contesting assessments upon execution of this agreement. If after review of the names, the SPECIAL MAGISTRATE finds that there may be the potential for a conflict of interest, the SPECIAL MAGISTRATE shall notify the Clerk to the BOARD and the Clerk shall reassign that case to an alternative SPECIAL MAGISTRATE. 1.5 The SPECIAL MAGISTRATE shall conduct all hearings in accordance with Florida Statutes, Chapter 194 and applicable Florida Department of Revenue Rules and Regulations and the BOARD S Internal Procedures. ARTICLE 2: FEES 2.1 The BOARD shall pay SPECIAL MAGISTRATE the rate of per hour for his services. 2.2 Travel expenses pursuant to F.S shall be paid to the SPECIAL MAGISTRATE for travel to and from the SPECIAL MAGISTRATE S business office and the County Administration Building at th Street, Vero Beach, Florida. Normal office supplies consumed in the course of this project will not be reimbursable. ARTICLE 3: TERM OF SERVICE 3.1 The term of this Agreement shall begin on the date of this agreement and shall continue until the conclusion of the Value Adjustment Board hearings. Hearings before the SPECIAL MAGISTRATE shall begin in November. Hearings shall be held from Monday through Friday beginning at 9:00 am with the last scheduled hearing beginning at 12:30 pm each day. SPECIAL MAGISTRATE shall remain at the County Administration Building until reports on that day s hearings are complete and filed with the Clerk to the Board. In the event a case was heard that requires additional research on the part of the SPECIAL MAGISTRATE, the SPECIAL MAGISTRATE shall so inform the Clerk to the Board and the Clerk shall note the report will be finished at a later date, in no case longer than 20 days from the date of the hearing. SPECIAL MAGISTRATE shall notify the Clerk to the BOARD of any scheduling conflicts so that they may be resolved in a timely manner. 3.2 This Agreement may be terminated by either party, with or without cause, by written notice to the other party of the termination. Such termination shall be effective immediately upon receipt of such written notice. However, no termination for cause will be effective unless the defaulting party is first given ten (10) calendar days after receipt of notice of termination in which to cure the cause for termination. 2 2

4 3.3 In the event of termination, SPECIAL MAGISTRATE shall be entitled to compensation for services rendered through the effective date of termination. All finished or unfinished documents prepared by SPECIAL MAGISTRATE shall become the property of the BOARD and shall be delivered by SPECIAL MAGISTRATE to the BOARD immediately upon the effective date of termination. 3.4 In the event SPECIAL MAGISTRATE does not file reports with the Clerk within 20 days of the hearing, the Board, in its discretion, may elect to refuse to pay all or part of SPECIAL MAGISTRATE S fee for that case. ARTICLE 4: METHOD OF BILLING AND PAYMENT 4.1 SPECIAL MAGISTRATE shall submit billings for payment of services actually rendered on a weekly basis to the Clerk of the BOARD for processing. Billings shall provide the nature of the services performed and shall include a summary of any amounts previously billed and any credits for amounts previously paid. 4.2 SPECIAL MAGISTRATE acknowledges that each billing must be reviewed and approved by the Clerk of the BOARD or her designee. Should the Clerk of the BOARD or her designee determine that the billing is not commensurate with services performed, work accomplished or hours expended, SPECIAL MAGISTRATE shall adjust billing accordingly. However, SPECIAL MAGISTRATE shall be entitled to payment of any portion of a billing not in dispute. 4.3 The BOARD shall pay SPECIAL MAGISTRATE'S billings in accordance with Section through , Florida Statutes, the Florida Prompt Payment Act. ARTICLE 5: STANDARDS AND CORRECTIONS 5.1 SPECIAL MAGISTRATE shall perform or furnish to the BOARD his professional services in accordance with the generally accepted standards of Special Magistrate services and with any laws, statutes, ordinances, codes, policies, rules and regulations governing Special Magistrate services hereunder. 5.2 SPECIAL MAGISTRATE shall, without additional compensation, correct and revise any errors, omissions, or other deficiencies in his work product, services, or materials arising from the negligent act, error or omission of SPECIAL MAGISTRATE. The foregoing shall be construed as an independent duty to correct rather than waiver of the BOARD'S rights under any applicable statute of limitations. The review of, approval of, or payment for any of SPECIAL MAGISTRATE'S work product, services, or materials shall not be construed to operate as a waiver of any of the BOARD' S rights under this Agreement, or cause of action the BOARD may have arising out of the performance of this Agreement. ARTICLE 6: NO CONTINGENT FEES 6.1 SPECIAL MAGISTRATE certifies that he has not employed or retained any company or person, other than a bona fide employee working solely for SPECIAL MAGISTRATE, to solicit or secure this Agreement and that he has not paid or agreed to pay any person, company, corporation, individual or firm, other than a bona fide employee working solely for SPECIAL MAGISTRATE, any fee, commission, percentage, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of this provision, the BOARD shall have the right to terminate the Agreement without liability at its discretion, to deduct from the contract price, or otherwise recover, the full amount of such fee, commission, percentage, gift or consideration. 3 3

5 ARTICLE 7: NO ASSIGNMENT 7.1 This Agreement, or any interest herein, shall not be assigned, transferred or otherwise encumbered, under any circumstances by SPECIAL MAGISTRATE without the prior written consent of the BOARD. No portion of this Agreement may be performed by subcontractors or subconsultants without written notice to and approval of such action by the BOARD. ARTICLE 8: SEVERABILITY AND WAIVER 8.1 In the event any provision of this Agreement shall be held invalid and unenforceable, the remaining provisions shall be valid and binding upon the parties. One or more waivers by either party of any breach of any provision, term, condition or covenant shall not be construed by the other party as a waiver of any subsequent breach. ARTICLE 9: GOVERNING AND LAW VENUE 9.1 This Agreement shall be governed and construed in accordance with Florida law. In the event litigation arises involving the parties in connection with this Agreement, venue for such litigation shall be in Indian River County, Florida. ARTICLE 10: INDEPENDENT CONTRACTOR STATUS 10.1 SPECIAL MAGISTRATE is an independent contractor and is not an employee, servant, agent, partner or joint venturer of the BOARD. [The balance of this page intentionally left blank] 4 4

6 IN WITNESS WHEREOF the BOARD and SPECIAL MAGISTRATE have caused these presents to be executed in their names, the day and year first above written. SPECIAL MAGISTRATE VALUE ADJUSTMENT BOARD OF COUNTY INDIAN RIVER COUNTY, FLORIDA MICHAEL E. ARMBRUSTER BY: Peter D. O Bryan, Chairman VAB Approved: WITNESS: Attest: Maria Suesz Clerk to the Board Approved as to form and legal sufficiency: David L. Hancock, Esquire Legal Counsel to Indian River County Value Adjustment Board 5 5

7 INDIAN RIVER (Attorney Special Magistrate) AGREEMENT BETWEEN THE INDIAN RIVER COUNTY VALUE ADJUSTMENT BOARD AND JULIE A. ZAHNISER FOR SPECIAL MAGISTRATE SERVICES This Agreement is made and entered into by and between the Indian River County Value Adjustment Board, th Street, Vero Beach, Florida (hereinafter referred to as "BOARD"), and Julie A. Zahniser, Esq S. Indian River Drive, Fort Pierce, FL (hereinafter referred to as "SPECIAL MAGISTRATE"), on this day of, WITNESSETH: WHEREAS, the BOARD needs the services of a Special Magistrate as provided by Chapter 194, Florida Statutes, for the purpose of taking testimony at hearings, and making recommended findings of fact and conclusions of law to the BOARD; and WHEREAS, the SPECIAL MAGISTRATE desires to provide such services to the BOARD as an independent contractor; and WHEREAS, the SPECIAL MAGISTRATE confirms she meets the qualifications of Fla. Stat. (2008) in that she is not an elected or appointed official or an employee of a taxing jurisdiction in the State of Florida; she is a member of the Florida Bar with no less than five years experience in the area of ad valorem taxation; and she shall not represent a person before the BOARD in any tax year during the time she shall serve as SPECIAL MAGISTRATE. NOW, THEREFORE, in consideration of the mutual terms and conditions, promises, covenants and payment hereinafter set forth, the BOARD and SPECIAL MAGISTRATE agree as follows: ARTICLE 1: SERVICES 1.1 SPECIAL MAGISTRATE shall perform professional services to the BOARD as a SPECIAL MAGISTRATE. The SPECIAL MAGISTRATE'S services shall include, but not be limited to the following: a. Taking testimony and reviewing evidence at hearings provided pursuant to Chapter 194, Florida Statutes; b. Making recommended findings of fact and conclusions of law to the BOARD concerning the determination of the Indian River County Property Appraisers, within twenty (20) calendar days of the conclusion of testimony of any case; c. Making a verbatim record of the proceedings and preserve any documentary evidence submitted for consideration. 1 6

8 1.2 SPECIAL MAGISTRATE shall be responsible for complying with all federal, state and local rules, regulations, statutes, laws or ordinances, regarding payment for her services under this Agreement, and any reporting requirements there under. SPECIAL MAGISTRATE agrees that she will not display or distribute business cards or otherwise advertise her business while serving as SPECIAL MAGISTRATE for the BOARD. 1.3 During any hours SPECIAL MAGISTRATE provides services to BOARD, SPECIAL MAGISTRATE shall devote her full time and effort to the services being performed for the BOARD. SPECIAL MAGISTRATE shall truthfully and accurately maintain all records and make such reports as the BOARD may require. SPECIAL MAGISTRATE shall comply with all requirements of Chapter 119 F.S. 1.4 The Clerk to the BOARD shall provide the SPECIAL MAGISTRATE the names of property owners contesting classifications, portability and requesting exemptions upon execution of this agreement. If after review of the names, the SPECIAL MAGISTRATE finds that there may be the potential for a conflict of interest, the SPECIAL MAGISTRATE shall notify the Clerk to the BOARD and the Clerk shall reassign that case to an alternative SPECIAL MAGISTRATE. 1.5 The SPECIAL MAGISTRATE shall conduct all hearings in accordance with Florida Statutes, Chapter 194 and applicable Florida Department of revenue Rules and Regulations and the BOARD S Internal Procedures. ARTICLE 2: FEES 2.1 The BOARD shall pay SPECIAL MAGISTRATE the rate of per hour for her services. 2.2 No travel expenses or travel time shall be paid for routine travel to and from the County Administration Building at th Street, Vero Beach, Florida. Normal office supplies consumed in the course of this project will not be reimbursable. ARTICLE 3: TERM OF SERVICE 3.1 The term of this Agreement shall begin on the date of this agreement and shall continue until the conclusion of the Value Adjustment Board hearings. Hearings before the SPECIAL MAGISTRATE shall begin in October/early November. Hearings shall be held from Monday through Friday beginning at 9:00 am with the last scheduled hearing beginning at 12:30 pm each day. SPECIAL MAGISTRATE shall remain at the County Administration Building until reports on that day s hearings are complete and filed with the Clerk to the Board. In the event a case was heard that requires additional research on the part of the SPECIAL MAGISTRATE, the SPECIAL MAGISTRATE shall so inform the Clerk to the Board and the Clerk shall note the report will be finished at a later date, in no case longer than 20 days from the date of the hearing. SPECIAL MAGISTRATE shall notify the Clerk to the BOARD of any scheduling conflicts so that they may be resolved in a timely manner. 2 7

9 3.2 This Agreement may be terminated by either party, with or without cause, by written notice to the other party of the termination. Such termination shall be effective immediately upon receipt of such written notice. However, no termination for cause will be effective unless the defaulting party is first given ten (10) calendar days after receipt of notice of termination in which to cure the cause for termination. 3.3 In the event of termination, SPECIAL MAGISTRATE shall be entitled to compensation for services rendered through the effective date of termination. All finished or unfinished documents prepared by SPECIAL MAGISTRATE shall become the property of the BOARD and shall be delivered by SPECIAL MAGISTRATE to the BOARD immediately upon the effective date of termination. 3.4 In the event SPECIAL MAGISTRATE does not file reports with the Clerk within 20 days of the hearing without good cause shown, the Board, in its discretion, may elect to impose a penalty of $ for each day the report is late. ARTICLE 4: METHOD OF BILLING AND PAYMENT 4.1 SPECIAL MAGISTRATE shall submit billings for payment of services actually rendered on a weekly basis to the Clerk of the BOARD for processing. Billings shall provide the nature of the services performed and shall include a summary of any amounts previously billed and any credits for amounts previously paid. 4.2 SPECIAL MAGISTRATE acknowledges that each billing must be reviewed and approved by the Clerk of the BOARD or its designee. Should the Clerk of the BOARD or its designee determine that the billing is not commensurate with services performed, work accomplished or hours expended, SPECIAL MAGISTRATE shall adjust billing accordingly. However, SPECIAL MAGISTRATE shall be entitled to payment of any portion of a billing not in dispute. 4.3 The BOARD shall pay SPECIAL MAGISTRATE'S billings in accordance with Section through , Florida Statutes, the Municipal Government Prompt Payment Act. ARTICLE 5: STANDARDS AND CORRECTIONS 5.1 SPECIAL MAGISTRATE shall perform or furnish to the BOARD her professional services in accordance with the generally accepted standards of Special Magistrate services and with any laws, statutes, ordinances, codes, policies, rules and regulations governing Special Magistrate services hereunder. 5.2 SPECIAL MAGISTRATE shall, without additional compensation, correct and revise any errors, omissions, or other deficiencies in her work product, services, or materials arising from the negligent act, error or omission of SPECIAL MAGISTRATE. The foregoing shall be construed as an independent duty to correct rather than waiver of the BOARD' S rights under any applicable statute of limitations. The review of, approval of, or payment for any of SPECIAL MAGISTRATE'S work product, services, or materials shall not be construed to operate as a 3 8

10 waiver of any of the BOARD' S rights under this Agreement, or cause of action the BOARD may have arising out of the performance of this Agreement. ARTICLE 6: NO CONTINGENT FEES 6.1 SPECIAL MAGISTRATE certifies that she has not employed or retained any company or person, other than a bona fide employee working solely for SPECIAL MAGISTRATE, to solicit or secure this Agreement and that she has not paid or agreed to pay any person, company, corporation, individual or firm, other than a bona fide employee working solely for SPECIAL MAGISTRATE, any fee, commission, percentage, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of this provision, the BOARD shall have the right to terminate the Agreement without liability at its discretion, to deduct from the contract price, or otherwise recover, the full amount of such fee, commission, percentage, gift or consideration. ARTICLE 7: NO ASSIGNMENT 7.1 This Agreement, or any interest herein, shall not be assigned, transferred or otherwise encumbered, under any circumstances by SPECIAL MAGISTRATE without the prior written consent of the BOARD. Further, no portion of this Agreement may be performed by subcontractors or subconsultants without written notice to and approval of such action by the BOARD. ARTICLE 8: SEVERABILITY AND WAIVER 8.1 In the event any provision of this Agreement shall be held invalid and unenforceable, the remaining provisions shall be valid and binding upon the parties. One or more waivers by either party of any breach of any provision, term, condition or covenant shall not be construed by the other party as a waiver of any subsequent breach. ARTICLE 9: GOVERNING AND LAW VENUE 9.1 This Agreement shall be governed and construed in accordance with Florida law. In the event litigation arises involving the parties in connection with this Agreement, venue for such litigation shall be in Indian River County, Florida. ARTICLE 10: INDEPENDENT CONTRACTOR STATUS 10.1 SPECIAL MAGISTRATE is an independent contractor and is not an employee, servant, agent, partner or joint venturer of the BOARD. 4 9

11 IN WITNESS WHEREOF the BOARD and SPECIAL MAGISTRATE have caused these presents to be executed in their names, the day and year first above written. SPECIAL MAGISTRATE Julie A. Zahniser WITNESS: VALUE ADJUSTMENT BOARD OF INDIAN RIVER COUNTY, FLORIDA By: Peter D. O Bryan, Chairman VAB Approved: Attest: Maria Suesz Clerk to the Board Approved as to form and legal sufficiency: David L. Hancock, Esquire Legal Counsel to Indian River County Value Adjustment Board 5 10