Rinky Parwani-Exemption The Department o f Revenue
p
o the State o f .Florida
f
Statement of Completion
Rinky Parwani
Full Name
has completed the training for the
2011 Value Adjustment Board
I certify I have completed all of the 2011 online VAB training
presented by the Florida Department of Revenue.
(sec tIti aittiflitl
S' nature of Participant James McAdams
Director, Property Tax Oversight
,I I
it
AGREEMENT BETWEEN
THE MONROE COUNTY VALUE ADJUSTMENT BOARD
and
PaonicurN
for
SPECIAL MAGISTRATE SERVICES
This Agreement is made and entered into, on the date last below written, by and between
the MONROE COUNTY VALUE ADJUSTMENT BOARD, 500 Whitehead Street, Key West,
FL 33040 (hereinafter referred to as "VAB "), and the individual identified and executing this
Agreement as the undersigned (hereinafter referred to as "Contractor ").
1. RECITALS.
1.1 The VAB requires the services of one or more individuals to act as a Special
Magistrate for the purpose of taking testimony and receiving evidence at the hearings, as
provided by Chapter 194, Florida Statutes, and Rule 12D -9, Florida Administrative Code
(F.A.C.), and making recommended findings of fact and conclusions of law to the VAB.
1.2 Contractor desires to provide such services to the VAB as an independent contractor.
1.3 Contractor certifies that Contractor possesses the minimum qualifications required by
Section 194.035, Florida Statutes, and Rules 12D -9.010 and 12D- 9.012, F.A.C., to provide
services as a Special Magistrate.
1.4 In consideration of the mutual terms and conditions, promises, covenants and
payment hereinafter set forth, the VAB and Contractor enter into this Agreement as set forth
herein.
2. SERVICES
2.1 Contractor shall perform professional services to the VAB as a Special Magistrate.
Contractor's services shall include, but not be limited to, the following:
2.1.1 Taking testimony at hearings provided pursuant to Chapter 194, Florida
Statutes and Rule 12D -9, F.A.C.
2.1.2 Receiving evidence into the hearing record.
2.1.3 Ruling of objections made during the hearing by either of the parties to the
hearing.
2.1.4 Making recommended findings of fact and conclusions of law to the VAB.
Revised 10/19/2010
2.1.5 Preparing and submitting such reports and other documents as the VAB or
the Clerk of the VAB may from time to time require.
2.2 Contractor shall be responsible for complying with all federal, state and local rules,
regulations, statutes, laws or ordinances, regarding payment for his or her services under this
Agreement, and any reporting requirements thereunder.
2.3 During any hours Contractor provides services to the VAB, Contractor shall devote
his full time and effort to the services being performed for the VAB. Contractor shall truthfully
and accurately maintain all records and make such reports as the VAB may require.
2.4 Contractor agrees that this contract for Special Magistrate services is not exclusive to
Contractor, and that the VAB may, and probably will, enter into agreements with other
contractors to perform Special Magistrate services for the VAB. Further, Contractor agrees that
this Agreement does not require the VAB to request any particular services of the contractor.
2.5 Upon receipt of the docket for hearing, the contractor shall review the petitioners'
names and addresses for a potential conflict of interest. If a potential conflict of interest exists,
the contractor shall immediately notify the Clerk of the VAB who shall reassign the case to
another Special Magistrate.
2.6 The contractor shall receive and retain all exhibits presented during a hearing, and
shall transmit the record along with the original copy of the recommended order to the Clerk of
the VAB, pursuant to Rule 12D- 9.025(7).
3. FEES.
3.1 The VAB shall pay Contractor at the rate of One Hundred Fifty dollars ($150.00) per
hour for Contractor's services under this Agreement. Billable time shall commence at the
scheduled start of a hearing or at the time of the Contractor's arrival and set -up, whichever is
later. For each day that the Contractor is scheduled to serve as a Special Magistrate, there shall
be a minimum payment due to the Contractor of $225.00. In the event a scheduled hearing date
is cancelled in its entirety, there shall be a payment due to the Contractor of $225.00. There is no
half -day cancellation fee.
3.2 Except as provided herein, no travel expenses or travel time shall be paid for travel to
and from hearing sites, nor shall ordinary office supplies consumed in the course of the
Contractor's services be reimbursed. The VAB shall pay for the Contractor's mileage, at the rate
established in the Monroe County Code of Ordinances, for travel to and from hearing sites that
are outside of the Contractor's home district. Upon the execution of this Agreement, the
Contractor shall notify the Clerk of the VAB of his or her home district (i.e. Lower Keys, Middle
Keys, Upper Keys). Mileage will not be reimbursed for travel within a district.
Revised 10/19/2010
3.3. If a Contractor does not render a recommended decision at hearing, therefore
requiring additional time for research and preparation of the recommended decision, then there is
a presumption that the Contractor shall require up to two hours of additional billable hours to
complete the work and VAB's obligation to pay shall be capped at two hours of billable time. If
the Contractor anticipates that the required time will exceed two hours, then the Contractor must
obtain written permission for specified additional time from the VAB Attorney.
3.4 The Contractor understands and agrees that the VAB does not promise or guarantee
that the Contractor will be engaged to perform either a minimum or maximum amount of
services under this Agreement.
3.5 The Contractor understands and agrees that the time he or she must devote to Special
Magistrate training required by Rule 12D- 9.012, F.A.C., is not billable to and reimbursable by
VAB under this Agreement.
3.6 The Contractor shall cooperate with the VAB in any litigation or related matter that
might result from the Contractor's performance under this Agreement. Accordingly, the
Contractor shall be paid by VAB for such time at the rate established herein.
3.7 The Contractor understands and agrees that all bills paid pursuant to the terms of
Section 5 of this Agreement are subject to ratification by the VAB at a public meeting.
4. TERM/TERMINATION.
4.1 The term of this Agreement shall begin on the date last below written and shall
continue until the conclusion of the VAB hearings in the spring of 2011.
4.2 This Agreement may be terminated by either party, with or without cause, by written
notice to the other party of the intent to terminate. Such termination shall be effective
immediately upon receipt of such written notice of intent to terminate. No termination for cause
will be effective unless the defaulting party is first given ten (10) calendar days after receipt of
notice of intent to terminate in which to cure the cause for termination.
4.3 In the event of termination, Contractor shall be entitled to compensation for services
rendered and costs incurred through the effective date of termination. All finished or unfinished
documents prepared by Contractor shall become the property of the VAB and shall be delivered
by Contractor to the VAB immediately upon the effective date of termination.
4.4 In the event of termination of this Agreement by the Contractor without cause,
Contractor shall be ineligible to be appointed as Special Magistrate to the VAB for a period of
five (5) years from the end of the calendar year in which such termination effected. This
provision shall survive the termination of this Agreement.
4.5 Contractor shall not represent any person or entity against either Monroe County or
the Monroe County School Board in a court case or administrative hearing at the time of
appointment. Any such representation that arises from the appointment through the final
Revised 10/19/2010
meeting of the VAB will disqualify the Special Magistrate from any further hearings, and the
Clerk shall schedule another Special Magistrate to hear the matters scheduled for the disqualified
magistrate.
5. METHOD OF BILLING AND PAYMENT.
5.1 Contractor shall submit billings for payment of services actually rendered on a
monthly basis to the Clerk of the VAB for processing. Billings shall provide the nature of the
services performed.
5.2 Contractor acknowledges that each billing must be reviewed and approved by the
Clerk of the VAB or Clerk's designee. Should the Clerk of the VAB or the Clerk's designee
determine that the billing is not commensurate with services performed, work accomplished or
hours expended, Contractor shall adjust billing accordingly. Contractor shall be entitled to
payment of any portion of a billing not in dispute.
5.3 The VAB shall pay Contractor's billings in accordance with Section 218.70 through
218.79, Florida Statutes, the Florida Prompt Payment Act.
6. STANDARDS AND CORRECTIONS ERRORS.
6.1 Contractor shall perform or furnish to the VAB professional services in accordance
with the generally accepted standards of Contractor's profession or occupation and in accordance
with any laws, statutes, ordinances, codes, rules and regulations governing Contractor's services
hereunder.
6.2 Contractor shall, without additional compensation, correct and revise and errors,
omissions, or other deficiencies in Contractor's work product, services, or materials arising from
the negligent act, error or omission of Contractor. The foregoing shall be construed as an
independent duty to correct rather than waiver of the VAB's rights under any applicable statute
of limitations. The review of, approval of, or payment for any of Contractor's work product,
services, or materials shall not be construed to operate as a waiver of any of the VAB's rights
under this Agreement, or cause of action the VAB may have arising out of the performance of
this Agreement.
7. NO CONTINGENT FEES. Contractor certifies that Contractor has not employed or
retained any company or person, other than a bona fide employee working solely for Contractor,
to solicit or secure this Agreement and that Contractor has not paid or agreed to pay any person,
company, individual or firm, other than a bona fide employee working solely for Contractor, 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 VAB 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.
Revised 10/19/2010
8. NO ASSIGNMENT. This Agreement, or any interest herein, shall not be assigned,
transferred or otherwise encumbered, under any circumstances by Contractor without the prior
written consent of the VAB. Further, no portion of this Agreement may be performed by
subcontractors or sub - consultants without written notice to and approval of such action by the
VAB.
9. SEVERABILITY/NO WAIVERS. 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.
10. GOVERNING LAW/VENUE. 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 litigation shall be in Monroe County, Florida.
11. INDEPENDENT CONTRACTOR STATUS. Contractor is an independent contractor
and is not an employee, servant, agent, partner or joint venturer of the VAB or Monroe County
or the Monroe County School Board.
12. CERTIFICATIONS BY CONTRACTOR.
12.1 Contractor understands that Contractor need not be a resident of Monroe County.
12.2 Contractor understands that Contractor shall not serve as a Special Magistrate in the
same tax year in which he or she represents a person before the VAB, and that during the term of
this Agreement Contractor shall not undertake to represent or advise any taxpayer or petitioner
before the VAB.
12.3 Contractor certifies that Contractor is not an elected or appointed official or
employee of Monroe County or of the Monroe County School Board.
12.4 Contractor certifies that Contractor is not an elected or appointed official or
employee of a taxing jurisdiction.
12.5 Contractor certifies that Contractor is not an elected or appointed official or
employee of the State of Florida.
12.6 Contractor certifies that Contractor possesses the following minimum qualifications
(CHECK ALL THAT APPLY):
[ ] Contractor is a member of The Florida Bar with no less than 5 years' experience in the
area of ad valorem taxation, and is qualified to hear petitions involving issues related to
exemptions and classifications.
Revised 10/19/2010
}
[ ] Contractor is a state certified real estate appraiser with not less than 5 years'
experience in real property valuation, and is qualified to hear petitions involving issues regarding
the valuation of real estate.
[ ] Contractor is a member of a nationally recognized appraiser's organization with no
less than 5 years' experience in tangible personal property valuation, and is qualified to hear
petition involving issues regarding the valuation of tangible personal property.
IN WITNESS WHEREOF, the parties hereto have caused the execution of these
premises as of the date written below.
CONTRACTOR: VALUE ADJUSTMENT BOARD
MONROE COUNF, FLORIDA:
BY:
ignat re of Contractor Chairman A oz
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Printed Name of Contractor
(No nI trA ca Aia■ut.
Address of Contractor
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City, St Z
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Revised 10/19/2010
3511 Osprey Cove Drive Phone (813) 675 -5941
Riverview, Florida 33578 E -mail parwanir @yahoo.com
Rinky S. Parwani
Professional Parwani Law, P.A. Tampa, Florida
Experience Solo Practitioner
Successful general solo practice. Manage four employees. Variety of cases including real estate,
debt resolution, foreclosure, mortgage modification, bankruptcy, litigation, immigration, wills
and trusts, class actions, employment law, corporate and contract work. Representation of
businesses, individuals, doctors and entertainment clients. Served as county special magistrate to
Value Adjustment Boards. Volunteer for Fox Channel 13 Tampa Bay Ask -A Lawyer. Winner
of 2010 Brandon Small Business of the Year Award for Minority and Women Owned Business
after being open 3 years. Recognized for Pro Bono Service in 2010 by 13 Judicial District.
Middleberg, Riddle & Gianna Dallas, Texas
Partner
Advised Fortune 500 clients on litigation and corporate aspects of business and
legal requirements for consumer mortgage lending. Provided legal advice to
software engineers regarding web based and DOS based mortgage documentation
preparation system. A member of the director team responsible for strategic
guidance, management and law firm vision.
Countrywide Home Loans Plano, Texas
Senior Vice President of Fair Lending and Legal Compliance
Head of all legal compliance and fair lending for over 1000 retail branches and
the telemarketing group. Managed a staff of over 30 employees. Responsible for
all executive strategic guidance concerning policies and procedures. Maintained
and developed compliance policies and procedures in accordance with company
culture and laws. Provided advice to executive team on federal and state laws
and regulations including HMDA, RESPA, TILA, ECOA, FCRA, GLBA,
OFAC, BSA, high cost and privacy regulations.
Wells Fargo Financial Des Moines, Iowa
Assistant General Counsel
Advised executives and business units on state and federal consumer lending
laws for unsecured, secured, and real estate loans, retail credit and sales finance.
Well versed in HMDA, TILA, RESPA and other lending regulatory schemes for
consumer lending. Lead attorney advising credit card business unit including
home equity loans.
Private Practice with Law Firms Beverly Hills and Lake Tahoe, California
Corporate and Litigation Associate Attorney
Responsible for all aspects of multi - million dollar business transactions, tax
planning and real estate matters for local, national and international businesses
and individuals. Handled issues concerning covenants, conditions and
restrictions, wetlands, easements, partnerships, corporations, limited liability
companies, business sales, acquisitions, mergers, start-ups, transaction
negotiation, corporate compliance, corporate governance, securities compliance,
employment law and trademark, copyright. Represented film, internet and music
companies, artists, performers and commercial photographers with the formation
of business entities, sophisticated film financing transactions, complex corporate
negotiated transactions, the commercial exploitation of intellectual property
rights, employment contracts and securities and corporate law compliance. Lead
trial attorney managing all aspects of federal and state, complex, press - worthy,
multi- million dollar, international litigation and appeals, including discovery,
motions, briefs, depositions, court appearances and mediations.
Education 1998 University of Minnesota Law School Minneapolis, Minnesota
JD
Dean's List
Outstanding Woman Graduate Award of 1998
Won Minnesota Bar Computer Law Essay Contest
Editor of Journal, Moot Court Competitor
1993 Drake University Des Moines, Iowa
MBA
Graduated at age nineteen.
Vice President of Management Honor Society
1992 Drake University Des Moines, Iowa
BS
Double major in accounting and corporate finance
Completed program in two calendar years
Memberships and Florida Bar — Admitted 4/2003 Bar Number 629634
Associations
Texas Bar - Admitted 9/2005 Bar Number 24049868
California Bar - Admitted 12/1998 Bar Number 199487
Iowa Bar - Admitted 2/2004 Bar Number 18659
US Supreme Court — Admitted 5/2009
Ninth Circuit - Admitted 4/1999
Eleventh Circuit — Admitted 6/2009
US District Court - Central District of California - Admitted 1/1999
US District Court — Middle District of Florida — Admitted 5/2008
US District Court — Northern District of Florida — Admitted 6/2009
US District Court — Southern District of Florida — Admitted 7/2009
Fellow, Life Management Institute — 11/1992 - FLMI
Iowa Society of Certified Public Accountants - 11/1994 — CPA (inactive)
Institute of Certified Management Accountants — 11/94 — CMA
Hillsborough County Bar Association
Brandon Bar Association
Tampa Bay Bankruptcy Bar Association
Central Florida Bankruptcy Law Association
National Association of Consumer Bankruptcy Attorneys
American Immigration Lawyers Association
Publications Computer Law News, A Publication of the Minnesota Bar Association, "Email in
the Workplace: The Employer's Right to Snoop in Minnesota," Winter 98 -99
The Daily Journal, Verdicts and Settlements, "Blinder Vision, The `State Fund'
Decision Creating Numerous Unanswered Questions About the Duties of a Party
Receiving Possibly Privileged Documents in Discovery," January, 21, 2000
Certified Management Accountants' Society of Southern California Newsletter,
"Are You Ready for California's New Wage and Hour Law ?" March 2000
Metropolitan News, Special Edition New Admittee Handbook, "What Your Bar
Association Can Do For You," June 2001
Truckee Tracks Chamber Newsletter, "Do I Have An Employee Or An Independent
Contractor," May 2002 and "123456789 Shhh! It's a Social Security Number," June
2002
"Legally Savvy" Column, CapitalistChicks.com, 2006 and 2007
Other Business Sierra Nevada College, Accounting Professor, Incline Village, NV
and Teaching Glendale Community College, Accounting Instructor, Glendale, CA
Experience Felhaber, Larson, Fenlon & Vogt, Employment Law Clerk, Minneapolis, MN
Robins, Kaplan, Miller and Ciresi, Summer Associate, Costa Mesa, CA
Imation, 3M spin -off, Paralegal, St. Paul, MN
Metrahealth, Financial Analyst, Tampa, FL
Cumberland Casualty and Surety, Accountant, Tampa, FL
The Principal Financial Group, Staff Accountant, Des Moines, IA
IDS Financial Services, Computer Information Manager, West Des Moines, IA