2020 Contract Kevin Talbott AGREEMENT BETWEEN
THE MONROE COUNTY VALUE ADJUSTMENT BOARD
And
(Kevin Talbott'
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, Monroe County Clerk of Court,
500 Whitehead Street, Key West, FL 33040 (hereinafter referred to as "VAB"), and Kevin
Talbott,the individual identified and executing this Agreement as the undersigned (hereinafter
referred to as "Contractor").
1. RECITALS.
I.I 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 perfonn 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 on objections made during the hearing by either of the parties to the
hearing.
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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.
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 VAR 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), F.A.C.
3. FEES AND TRAVEL EXPENSES.
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, and shall end at conclusion of the hearing, except as noted in paragraphs 3.3 and 3.6,
below. 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 Travel expenses.
3.2.1 For purposes of this Agreement, Monroe County is divided into three zones:
Zone I --Lower Keys including Key West(mile markers 0-40), Zone 2 -- Middle Keys (mile
markers 41-64), and Zone 3 —Upper Keys (mile markers 65-120). The Contractor's home zone
shall be the Contractor's principal place of the Contractor's business. Prior to execution of this
Agreement, the Contractor shall notify the Clerk of the VAB of his or her home zone.
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Thereafter, for each zone other than the Contractor's home zone to which the
Contractor needs to travel for purpose of a hearing, the Contractor shall be paid a flat one-time,
round trip travel allowance of one hundred fifty dollars ($150.00). By way of example, if the
Contractor's home zone is Key West(Zone I), and travels to Key Largo (Zone 3) for a hearing,
the Contractor is entitled to$300.00. If the Contractor's home zone is in Key West(Zone 1)and
goes to Marathon(Zone 2) for a hearing, the Contractor is entitled to $150.00. This one-time,
round trip travel allowance is in lieu of mileage or travel time.
3.2.2 Other than travel allowances outlined in the preceding paragraph,the only
other allowable travel expenses shall be meals, hotels, and parking. For any trips outside the
Contractor's home zone(only), the Contractor shall receive a meal allowance in the amount
shown in Section 2-110(3)of the Monroe County Code, depending on hours of travel. Hotel
stays may be authorized,but only if the Contractor is assigned to hearings on consecutive days
outside his or her home zone, and only if the hotel stay is approved in advanced verbally by the
Clerk's office. The maximum amount that will be reimbursed for a hotel stay is two hundred
dollars ($200.00) unless prior approval is secured in advance to exceed this maximum. Hotels
and parking will be reimbursed based on actual expenses. All requests for reimbursement of
these travel expenses shall be submitted on a Travel Voucher attached to this Agreement and
supported with appropriate documentation and receipts (Attachment 2).
3.2.3 No other expenses shall be reimbursed, including but not limited to the cost
of office supplies, postage,telephones, overnight mail, or couriers.
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 may require a minimum of one-half(1/2)hour of additional
billable time per recommended decision to complete the work. If the Contractor anticipates that
the required time will exceed one-half(1/2)hour of additional time, then the Contractor must
notify the Clerk of the VAB in writing. Should the Contractor require in excess of four(4)
hours,the Contractor must get prior authorization from the VAB Attorney.
3.3.1 The Contractor shall render his/her recommendation(findings and
conclusions)within seven (7) working days of the hearing; provided that, if the Contractor
requires more time, he/she shall obtain written permission for specified additional days 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 I2D-9.012, F.A.C., is not billable to or 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.
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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 2020.
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 temination 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
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.
5.1.1 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 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
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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 Local Government Prompt Payment Act.
6. STANDARDS AND CORRECTION OF 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 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.
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.
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11. INDEPENDENT CONTRACTOR STATUS. Contractor is an independent contractor
and is not an employee,servant, agent,partner or joint venture 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):
n 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.
H 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.
13. PUBLIC RECORDS.
Contractor must comply with Florida public records laws, including but not limited to
Chapter 119, Florida Statutes and Section 24 of article I of the Constitution of Florida. The
County and Contractor shall allow and permit reasonable access to, and inspection of, all
documents, records, papers, letters or other "public record" materials in its possession or under
its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the
County and Contractor in conjunction with this contract and related to contract performance.
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The County shall have the right to unilaterally cancel this contract upon violation of this
provision by the Contractor. Failure of the Contractor to abide by the terms of this provision
shall be deemed a material breach of this contract and the County may enforce the terms of this
provision in the form of a court proceeding and shall, as a prevailing party, be entitled to
reimbursement of all attomey's fees and costs associated with that proceeding. This provision
shall survive any termination or expiration of the contract.
The Contractor is encouraged to consult with its advisors about Florida Public Records
Law in order to comply with this provision.
Pursuant to F.S. 119.0701 and the terms and conditions of this contract, the Contractor is
required to:
(1) Keep and maintain public records that would be required by the County to
perform the service.
(2) Upon receipt from the County's custodian of records, provide the
County with a copy of the requested records or allow the records to be inspected or
copied within a reasonable time at a cost that does not exceed the cost provided in this
chapter or as otherwise provided by law.
(3) Ensure that public records that are exempt or confidential and exempt from
public records disclosure requirements are not disclosed except as authorized by law for
the duration of the contract term and following completion of the contract if the
contractor does not transfer the records to the County.
(4) Upon completion of the contract, transfer, at no cost, to the County all public
records in possession of the Contractor or keep and maintain public records that would be
required by the County to perform the service. If the Contractor transfers all public
records to the County upon completion of the contract, the Contractor shall destroy any
duplicate public records that are exempt or confidential and exempt from public records
disclosure requirements. If the Contractor keeps and maintains public records upon
completion of the contract, the Contractor shall meet all applicable requirements for
retaining public records. All records stored electronically must be provided to the County,
upon request from the County's custodian of records, in a format that is compatible with
the information technology systems of the County.
(5) A request to inspect or copy public records relating to a County contract
must be made directly to the County, but if the County does not possess the requested
records, the County shall immediately notify the Contractor of the request, and the
Contractor must provide the records to the County or allow the records to be inspected or
copied within a reasonable time.
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION
OF CHAPTER 119,FLORIDA STATUTES,TO THE CONTRACTOR'S DUTY
TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT,
CONTACT THE CUSTODIAN OF VAB PUBLIC RECORDS, (Value Adjustment
Clerk, Monroe County Clerk of Court, 500 Whitehead St. Ste. 101, Key West, FL.
33040, (305)-292-3550, VABCLERK(aMonroe-Clerk.cont).
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Attached to this agreement are the following forms:
1. W-9 Request for Taxpayer Identification Number &Certification
2. Travel Voucher
IN WITNESS WHEREOF,the parties hereto have caused the execution of these
premises as of the date written below.
CONTRACTOR: VALUE ADJUSTMENT BOARD
MONROE COU TY/
Kevin 7aCbot-
By:
Signature of Contractor Chairman
Kevin Talbott I I . IC. W M
Date:
Printed Name of Contractor
3208 Flagler Ave
Address of Contractor
Key West,FL 33040
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Form W-9 Request for Taxpayer Give Form to the
(Rev.October 2018) Identification Number and Certification requester.Do not
Department of the Treasury send to the IRS.
Internal Revenue Service ►Go to www.irtgov/FormW9 for Instructions and the latest information.
t Nai f ,IPyp wLJr Income tax return).Name is required on this line;do not leave this line blank.
2 Business name/disregarded entity name,if different from above
3 Check appropriate box for federal tax classification of the person whose name Is entered on line 1.Check only one of the 4 Exemptions(codes apply only to
following seven boxes. certain entities,not Individuals;see
a instructions on page 3):
✓Q Indrvldua✓sole proprietor or ❑ C Corporation 0 s Corporation ❑ Partnership ❑Trust/estate
single member LLC Exempt payee code Qt any)
Ep ❑ Limited liability company.Enter the tax classification(C=C corporation,S=S corporation.P=Partnership).
o > Nob:Check the appropriate box In the line above for the tax clesswcation of the single-member owner. Do not check Exemption from FATCA reporting
n LLC if the LLC Is classified as a single-member LLC that Is disregarded from the owner unless the owner of the LLC Is coda pl any)
another LW that Is not disregarded from the owner for U.S.federal tax purposes.Otherwise,a single-member LLC that
Is disregarded from the owner should check the appropriate box for tax classification of its owner.
0 Other(see Instrucdons). wmw.to awn mgraarne wile•the 11.S3
5 Address(number,street,and apt.or suite no.)See Instructions. Requester's name and address(optional)
g 3208 Hagler Ave
m ,,��((yy����yytt ��wb Appps�ye
anc)'WPSf�r13JOW
List account number(s)here(optional)
10.111 Taxpayer Identification Number(TIN)
Enter your TIN In the appropriate box.The TIN provided must match the name given on line 1 to avoid I Social security number
backup withholding.For individuals,this is generally your social security number(SSN).However,for a
resident alien,sole proprietor,or disregarded entity,see the Instructions for Part I,later.For other
entities,it Is your employer identification number(EIN).If you do not have a number,see How to get a
TIN,later. or
Note:If the account is in more than one name,see the instructions for line 1.Also see What Name and Employer identification number
Number To Give the Requester for guidelines on whose number to enter.
E Certification
Under penalties of perjury,I certify that:
1.The number shown on this form Is my correct taxpayer identification number(or I am waiting for a number to be issued to me);and
2.I am not subject to backup withholding because:(a)I am exempt from backup withholding,or(b)I have not been notified by the Internal Revenue
Service(IRS)that I am subject to backup withholding as a result of a failure to report all interest or dividends,or(c)the IRS has notified me that I am
no longer subject to backup withholding;and
3.I am a U.S.citizen or other U.S.person(defined below);and
4.The FATCA code(s)entered on this form(if any)indicating that I am exempt from FATCA reporting is correct.
Certification Instructions.You must cross out Rem 2 above if you have been notified by the IRS that you are currently subject to backup withholding because
you have failed to report all interest and dividends on your tax return.For real estate transactions,item 2 does not apply.For mortgage interest paid,
acquisition or abandonment of secured property,cancellation of debt,contributions to an individual retirement arrangement(IRA),and generally,payments
other than interest and dividends,you are not required to sign the certification,but you must provide your correct TIN.See the instructions for Part II,later.
Sign SlpreWreof kevin ta(bctt 11/10/2020
Sere signaerson. o.t..
General Instructions •Form 1099-DIV(dividends,including those from stocks or mutual
funds)
Section references are to the Internal Revenue Code unless otherwise •Form 1099-MISC(various types of income,prizes,awards,or gross
noted. proceeds)
Future developments.For the latest information about developments •Form 1099-B(stock or mutual fund sales and certain other
related to Form W-9 and its instructions,such as legislation enacted transactions by brokers)
after they were published,go to www.in.gov/FormWg •Form 1099-S(proceeds from real estate transactions)
Purpose of Form •Form 1099-K(merchant card and third party network transactions)
An individual or entity(Form W-9 requester)who is required to file an •Form 1098(home mortgage interest),1098-E(student loan interest),
information return with the IRS must obtain your correct taxpayer 1 D98-T(tuition)
identification number(TIN)which may be your social security number •Form 1099-C(canceled debt)
(SSN),individual taxpayer identification number(MN),adoption •Form 1099-A(acquisition or abandonment of secured property)
taxpayer identification number ,or employer Identification number
(EIN),to report on an Informationn return the amount paid to you,or other Use Form W-9 only if you are a U.S.person(including a resident
amount reportable on an information return.Examples of information alien),to provide your correct TIN.
returns include,but are not limited to,the following. you do not return Form W-9 to the requester with a TIN,you might
•Form 1099-INT(interest earned or paid) be subject to backup withholding.See Whet is backup withholding,
later.
Cat No.10231X Form tiff-9(Rev 10-2o18)
b vr1
Florida Department of Revenue
Certificate of Training
Kevin Talbott
has received
2020 VAB Real Property Appraiser Special
Magistrate Training
on
11/09/2020
111
FLORIDA