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Patricia McGrath-Commercial & Real Property The Department of Revenue of the State of Florida Statement of Completion Patricia McGrath Full Name has completed the training for the 2011 Value Adjustment Board 1 certify I have completed all of the 2011 online VAB training presented by the Florida Department of Revenue. Signature of Participant James McAdams Director, Property Tax Oversight AGREEMENT BETWEEN THE MONROE COUNTY VALUE ADJUSTMENT BOARD and :r,-h Gl q 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' experi ce 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 COUNTY, FLORIDA: ,) 0 7, . I X 0 001P1 By: Sig , i e o .ntract r Chairm. P tea? -kr cct R c _- P adr - rin0 I / Ll T" 1 Date: OC'" -64 i 7, 2.v11 Printed Name of Contrac or d►. P1. Address of Contractor City, State, Zip 3 - 5 SC I AMOh.= 69 Ac To roam P44- -6;(J— c( c N c! p U M CL" - G_ Li_ 1 CV Revised 10/19/2010 Patricia Peacock McGrath, J.D. State Certified Genera/ Real Estate Appraiser # 0000421 McGrath, Alderman & Associates, Inc. 121 North Collins Street Suite 203 Plant City, Florida 33563 appraisermcgrath @yahoo.com 813- 752 -1491 EDUCATION: University of Miami School of Law, Coral Gables, Florida Jurist Doctor, December, 1998 = ,= University College of Law, London, England Summer, 1997 (US Federal Evidence and International Human ` n Rights Law) • a rri University of South Florida, Tampa, Florida - ; co o Bachelors Degree, Summer, 1996 - r ; i 00 EXPERIENCE: McGrath, Alderman & Associates, Inc. President -1984 to present Real property appraiser - specializing in litigation valuation, including eminent domain, divorce, probate and property disputes of all types. Expert witness in real property - numerous circuit and federal courts. Firm specializes in difficult appraisal problems and unique properties. Monroe County Clerk of the Circuit Court Special Magistrate - 2006 to present Appointment by the Value Adjustment Board to hear appeals regarding good cause, ad valorem tax issues and real property values. Pinellas County Clerk of the Circuit Court Special Magistrate - 2010 Appointment by the Value Adjustment Board to hear appeals regarding good cause, ad vaiorremtax issues and real property values. Manatee County Clerk of the Circuit Court Special Magistrate - 2010 Appointment by the Value Adjustment Board to hear appeals regarding good cause, ad valorem tax issues and real property values Patricia P. McGrath — Page 2 PROFESSIONAL CERTIFICATIONS /MEMBERSHIPS: State Certified General Real Estate Appraiser # 421 Licensed Real Estate Broker, State of Florida RESIDENTIAL AND COMMERCIAL VALUATION COURSES AND SEMINARS Marshall & Swift Residential Cost Valuation AIREA', Principals and Practices, March, 1987, St. Louis, Mo. AIREA, Standards of Professional Practice, March 1987, Orlando, FI. AIREA, Basic Valuation Procedures, July, 1987, University of North Carolina at Chapel Hill AIREA, Residential Valuation, October, 1987, University of Oklahoma AIREA, Theory and Techniques of Income Capitalization, Part A, February 1988, Arizona State University AIREA, The HP -12C as a Valuation Tool, March, 1988, Orlando, FI. AIREA, Easement Valuation, October, 1988, Orlando, Fi. AIREA, Theory and Techniques of Income Capitalization, Part B, May, 1991, University of Florida Contemporary Appraisal Issues, November, 1990, The Relocation Institute, Orlando, Florida Appraisal Institute, Case Studies in Real Estate Valuation, August, 1991, Florida State University Appraisal Institute, Report Writing, November, 1991, Orlando, FI. Land Development Code, Hillsborough County, January, 1993, Tampa, Fl. Appraisal Institute, Standards of Professional Practice, Parts A and B, March, 1993, University of Georgia Relocation Appraisal, Employee Relocation Council, May, 1993, Orlando, FI. The Departure Provision, Appraisal Standards Board, June, 1994, Atlanta, Ga. American Institute of Real Estate Appraisers, now known as The Appraisal Institute Patricia P. McGrath — Page 3 EDUCATION (continued) Appraisal Institute, The Departure Provision, August, 1994, Tampa, FL Farm and Land Institute, Citrus Grove Appraisal, April, 1999, Clewiston, Florida Win Data 2000 Seminar (Introduction and Advanced) May, 1999, Tampa, Fl. Florida Association of Realtors, March 2000, USPAP, Orlando, Fl. Mcllssock Data Systems, July 2000, Sarasota, FL Appraising factory-built housing FHA Residential Appraisal Guidelines National Business Institute — December, 2001 Land Use Planning and Eminent Domain Residential Construction, June 2004, Clearwater, Florida Limited Appraisals and the Scope of Work Decision, June 2004, Clearwater, Florida Does My Report Comply with USPAP?, June 2004, Clearwater, Florida USPAP, June, 2004, Clearwater, Florida Florida Laws and Regulation, June, 2006, Orlando, Florida National USPAP Update Equivalent, June,2006, Orlando, Florida Disclosures & Disclaimers, June, 2006, Orlando, Florida Two to Four Family Finesse — Appraising Multi- Family Properties, June, 2006, Orlando, Florida Appraisal Trends, June, 2006, Orlando, Florida Hurricane Summit, June, 2007, Marathon, Florida Environment and Green Issues, May, 2008, Clearwater, Florida Residential Appraisal Review, May, 2008, Clearwater, Florida Florida Appraisal Law /Update, May, 2008, Clearwater, Florida Appraisal Now, May, 2008, Clearwater, Florida Land Valuation Methods, May, 2008, Clearwater, Florida Roles and Rules of Supervisors and Trainees, May, 2008, Clearwater, Fl 7 Hour USPAP Update, May, 2008, Clearwater, Florida 2009 Value Adjustment Board Training — Florida Dept. of Revenue 7 Hour USPAP Update, May, 2010, Lakeland, Florida Florida Appraisal Law, May, 2010, Lakeland, Florida Appraisal Town Hall Meeting , June 2010, Tampa, Florida FBI (Fraud and Appraisal Practice) Chinese Drywall Real Estate Owned Properties Appraisal Standards Board Appraiser's Obligations (What Is Expected ?) FREAB Meeting, August, 2010, Orlando, Florida ALL CONTINUING EDUCATION REQUIREMENTS ARE CURRENT Patricia P. McGrath — Page 4 REPRESENTATIVE CLIENTS: Valrico State Bank Farm Credit Hillsboro Bank USDA Platinum Bank Waffle House City of Plant City Bartow Ford Sizemore Farms Bank of St. Pete 1 Community Bank Wells Fargo Coca -Cola Strawberry Festival FDOT Hillsborough County Monroe County Polk County Farm Service Agency Country Mortgages Bank of Tampa Badcock Seaboard Coast Line Monticello Bank Wauchula State Bank Citrus & Chemical Subway SouthShore Bank Community Bank First American Title Hess Wish Farms Expert witness — circuit and federal courts Various attorneys and CPA's (probate, divorce, consultation, IRS, bankruptcy, estate planning, trust preparation, eminent domain) REPRESENTATIVE PROPERTIES APPRAISED: Vacant Land Single Family Residential Mobile Homes Condominiums Apartment Complexes Rural Residential Citrus Groves Quick Chill Coolers Office Buildings Laundromats Fast Food Restaurants Industrial Warehouses Fish Farms Medical Buildings Motels Office Condominiums Subdivisions Packing Houses Mobile home parks Strawberry farms Duplexes Bar /Package Stores Banks Churches ACLF's Convenience Stores Restaurants Transient Labor Camps Aquaculture Fish Farms Domestic Shrimp Farm Row Crops Blueberries Winery Rat Farm Hamster Farm Honey Processing Facility Vegetable Packing Facilities Chicken /Egg Farms Oriental product farms Dairies CeII Tower Sites Pasturage Shopping Centers Heavy Manufacturing Repair Service Shops Out - parcels Car Washes Automotive Sales Outdoor storage Various agriculturally oriented and special use properties.