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AGREEMENT BETWEEN
THE MONROE COUNTY VALUE ADJUSTMENT BOARD
and
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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) p-
, 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.
CONT ' • ► ' VALUE ADJUSTMENT BOARD
0°V MONROE COUNTY, FLORIDA:
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Revised 10/19/2010
QUALIFICATIONS OF THE APPRAISER
Kevin E. Talbott, SRA
3208 Flagler Ave
Key West, Florida 33040
(305)296 -0831 Fax (305)296 -3717
AOKREAL u.AOL.COM
GENERAL EDUCATION
Barry University, Miami Shores, Florida — Degree B.S.
Tallahassee Community College, Tallahassee , Florida - Degree A.A.
PROFESSIONAL EDUCATION
Society of Real Estate Appraisers & Appraisal Institute
1988 Course 101 - Introduction to Appraising Real Property
1989 Course 102- Applied Residential Property Valuation
1990 Demonstration. Appraisal Workshop
1991 Standards of Professional Practice Pts. A & B
1992 Rates, Ratios and Reasonableness Seminar
1993 Appraisal Reporting of Complex Residential Properties
1994 7 Hour UAPAP Core Law
1995 Blue Print Reading Class
1997 Capitalization Theory & Techniques
1998 Small Hotel/Motel Valuation - 7 Hr. Credit
1999 Income Capitalization
2000 30 Hours Continuation Course
2005 National USPAP Update Equivalent - No. ACE - 0007332
2005 Developing & Growing An Appraisal Practice - No. ACE0006929
2005 Income Capitalization - No. ACE 0006928
2005 Factory Built Housing - No. ACE0006927
2005 Florida Laws & Regulations - No. ACE007284
2008 USPAP
2008 Supervisory Rules & Regulations
2008 General Appraiser Income Approach (part 2)
2008 Florida Appraisal Laws and Regulations
PROFESSIONAL DESIGNATIONS AND LICENSES
SRA - Senior Residential Appraiser
Licensed Real Estate Broker, State of Florida
State - Certified General Appraiser, No. RZ 0002139
1993 -94 Secretary of Greater Miami Chapter of the Appraisal Institute
Current Serving as a member of the Regional Ethics and Counseling Panel
REAL ESTATE AND APPRAISAL EXPERIENCE
Real Estate Appraiser, Appraisers of the Keys, Inc., Key West, Fl (1 /91- Present)
Real Estate Appraiser, Appraisal First, Miami, Fl. (3/87 - 12/90)
Real Estate Appraiser, Local Appraisal Service, Miami, Fl. (1/86 -1/87)
Real Estate Appraiser /Sales, Wise Realty, Leon County, Florida(1 /85- 1/86)