07/21/2021 - Laserfiche WebLink

Home Browse Search

3.4. The Special Magistrate shall make Special Magistrate's recommendation to the VAB, including findings of fact and conclusions of law, within thirty (30) calendar days of the hearingdate of anypetition. In the event the Special Magistrate fails to make Special Magistrate's recommendation within the aforesaid thirty (30) calendar day period, the VAB may, in its sole and absolute discretion, not pay the Special Magistrate all or part of the Special Magistrate's fee or compensation for that petition and, in addition, the Special Magistrate shall become liable for and shall pay to the VAB liquidated damages of $50.00 for each day or portion thereof beyond the aforesaid thirty (30) calendar day period until delivery of the recommendation to the VAB Clerk. The Special Magistrate agrees that the liquidated damages mentioned herein are not a penalty but are stipulated damages to the VAB and said sum of $50.00 per day shall become immediately owed to the VAB, with said sum being hereby fixed and agreed upon between the parties hereto, with each .of the parties recognizing the impossibility of precisely ascertaining the amount of damages that will be sustained by the VAB inconsequence of a failure to comply with this paragraph, and the parties desiring to obviate any question or dispute concerning the amount of such damages and the cost and effect of such failure to comply, have taken these elements into consideration in fixing and agreeing upon the amount to be paid by the Special Magistrate to the VAB. The Special Magistrate authorizes the VAB to automatically deduct all liquidated damages from any payment owed to the Special Magistrate. ARTICLE 4: METHOD OF BILLING AND PAYMENT 4.1 SPECIAL MAGISTRATE will maintain a record of time for his/her performance under this Agreement and shall submit billings for payment of services actually rendered on a monthly basis to the Clerk of the Board for processing. Billings shall provide the nature of services performed and shall include a summary of any amounts previously billed and credits for amounts previously paid. Special Magistrate shall spend a reasonable amount of time on each matter, subject to review by the BOARD. It is expressly agreed that the BOARD shall not pay the Special Magistrate for more than five (5) hours' time on any matter, without the express written consent from the Clerk of the VAB. 4.2 SPECIAL MAGISTRATE acknowledges that each billing must be reviewed and approved by the BOARD Clerk or the BOARD'S designee. Should the BOARD Clerk or the .BOARD'S 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 218.70 through 218.79, Florida Statutes, the Florida Prompt Payment Act. ARTICLE 5: STANDARDS AND CORRECTIONS 5.1 SPECIAL MAGISTRATE shall perform or furnish to the BOARD his/her professional services in accordance .with the generally accepted standards of Special Magistrate services and in accordance with any ......... _ 41 Page -129-