David Van LoonAGREEMENT BETWEEN
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David Van Loon Racxiiikired
NOY 10, 1) 20116
for
SPECUL MAGISTRATE SERVICES
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iP. Contractor des
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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
cervices as a Special Magistrate.
1.4 In consideration of the mutual terms and conditions, promises, covenants and
gayment hereinafter set forth- the
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2. SERVICES
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2. 1.1 Taking testimony at hearings provided pummt to Chapter 194, Florida
Statutes and Rule 12D-9, F.A.C.
2.1.2 Receiving evidence into the hearing record.
hearing. 2.1.3 Ruling of qbjections made during the hearing by either of the parties to the
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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 thmunder-
2.3 During any hours Contractor provides services to the VAB, Contractor shall devote
his full time and effort to the services being perfbrmed for the VAR Contractor shall truffifully
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 ti
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).
3.1 The VAB shall pay Contractor at the rate of One Hundred Fifty dollars (S150.00) 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 S225.00. There is no
half -day cancellation fee.
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4.4 In the event of termination of this Agreement by the Contractor without cause,
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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 anses. from the appointment through the final
meeting of the VAB will disqualify the Special Magistrate from any further hearings, and the
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Contractor shall maintain a record of his/her hours worked during and after the
close of a hearing when taking additional time to render a decision pursuant to Paragraph 3.3 of
this Agreement. Contractor shall provide the Clerk with detailed time records for each such case
taken after the close of a hearing.
5.2 Contractor acknowledges that each bng 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
detennine Out the billing is not commensurate with services performed, work accomplished or
hours expended, Contractor shall adjust bng accordingly. Contractor shall be entitled to
payment of any portion of a bng not in dispute.
5.3 The VAB shall pay Contractor's bngs 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
-eift tYe geierally 2ccvpti styT,12ris tf 0vYv-,zt*r's z---TVn 4inrimmce
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 frow
the negligent act, error or ornission of Contractor. The foregoing shall be construed as an
independent duty to correct rather than waiver of the VAH's rights under any applicable statute
of limitations. The reviiew 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 perfbrmance of
this Agreement.
CONTINGENT FEES. Contractor certifies that Contractor has not employed or
retained an coTril u -ty -VA -rr CX Q
9. SEVERABILITY/NG WAIVERS. In the event any provision of this Agreement shall
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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
ond is not an employee, servant, agent partner or joint venturer of the VAB or Monroe County
*r the Monroe County School Board.
1, 2. CERTIFICATIONS BY CONTRACTOR.
12.1 Contractor understands that Contractor need not be a resident of Monroe County.
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this Agreement Contractor Shall not Luidertake to represent or advise any taxpayer or petitioner
before the VAB.
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12.4 Contractor certifies that Contractor is not an elected or appointed official
employee of a taxing jurisdiction. i
12.5 Contractor certifies that Con:tractor is not an elected or appointed official or
Lmployee of the State of Florida.
12.6 Contractor certes that Contractor possesses the following minimum qualifications
(CHECK ALL THAT APPLY):
[X ] Conftwtor is a member of The Florida Bar with no less than 5 years' experience in
the area of ad valoreni taxation, and is qualified to hear petitions involving issues related to
pKqMjgjons and clasgfigggM,
Contractor is a state certified real estate appraiser with not less than 5 years'
in re.9L-N V- a-rd iq anali-T-ed to
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1. W-9 ReQuest for TgNpUer Identification Number & CgALficatiM
2. Travel Voucher
3. Expense Reimbursement.ftuirements
Date:
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