Regina E. Corcoran F • .
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 needs 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 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,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.
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.
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.
VAB Form 2005-01,Rev.04/17/2007 1
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 services at all to be performed as
requested by the VAB.
3. FEES.
3.1 The VAB shall pay Contractor at the rate of 4141.. .44,3-0 -40e
Dollars ($ /Se. o o )per hour for Contractor's services under this Agreeme ,tiri a
minimum guaranteed payment of 4 hours for each day of scheduled hearings assigned to the
Special Magistrate.
3.2 No travel expenses shall be paid for routine travel to and from the sites of the
hearings and normal office supplies consumed in the course of this project will not be
reimbursable.
3.3 Contractor agrees that the VAB does not guarantee or promise that Contractor will be
required to perform Special Magistrate services for any minimal or maximum amount of time;
however, once a Special Magistrate is notified of a date and time to appear for scheduled .
hearings,the Special Magistrate shall receive a minimum payment equal to 4 hours of services,
unless the scheduled date is cancelled to circumstances beyond the reasonable control of the
VAB or the Clerk to the VAB.
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 for the current calendar year.
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. However,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
VAB Form 2005-01, Rev. 04/17/2007 2
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 may not represent any person or entity against either Monroe County or
the School Board, Monroe County in a court case or administrative hearing at the time of
appointment. Any such representation which arises from the appointment until the final meeting
of the VAB will disqualify the Special Magistrate from any further hearings and the Clerk shall
reschedule 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
weekly basis to the Clerk of the VAB for processing. Billings hall provide the nature of the
services performed and shall include a summary of any amounts previously billed and any
credits for amount previously paid.
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. However, 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.
VAB Form 2005-01,Rev.04/17/2007 3
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.
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 cannot 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.
VAB Form 2005-01, Rev.04/17/2007 4
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):
[ J 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.
[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 COUNTY FLORI A:
By: 0L "7'.
Sign ure of Contractor Chairman
G/ I CO,Q /1A/1/ Date: AUG 1 2 2008
Printed Name of Contractor
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Address of Contractor -
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City,State, Zip g
' DEPUTY CLERK
MONROE COUNTY ATTORNEY
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VAB Form 2005-01, Rev. 04/17/2007 5