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2022 Steven Nystrom AGREEMENT BETWEEN THE MONROE COUNTY VALUE ADJUSTMENT BOARD And Steven Nystrom 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 Steven Nystrom, 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 tote VAB. 1.2 Contractor desires to provide such services tote 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 oft 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 on objections made during the hearing by either of the parties tothe hearing. Page 1 of 8 2022 2.1.4 Making recommended findings of fact and conclusions of law tothe 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 tote VAB, Contractor shall devote his full time and effort tote services being performed forte 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 forte VAB. Further, Contractor agrees that this Agreement does not require the VAB to request any particular services oft e contractor. 2.5 Upon receipt of the docket for hearing, the Contractor shall review the petitioners' names and addresses fora 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 oft e recommended order tote Clerk of the VAB,pursuant to Rule 12D-9.025(7), F.A.C. ® FEES AND 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 reement® Billable time shall commence at the scheduled start of a hearing or at the time oft e 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 tothe Contractor of$225.00. In the event a scheduled hearing date is cancelled in its entirety, there all be a payment due tothe Contractor of$225.00. There is no al ay cancellation fee. 3.2 Travel Expenses. 3.2.1 The VAB shall pay actual travel expenses consisting of mileage or airfare, tolls,parking, a meal allowance in the amount shown in Section 2-110(3) of the Monroe County Code depending on hours of travel, and hotel up to a maximum of two hundred dollars ($200.00) per night or such maximum as may be set at the discretion of the Clerk. Any hotel expenditures must be approved in advance by the Clerk. All requests for reimbursement of these travel Page 2 of 8 111��)Iecial NLI11gisor"fle", 2 02 2 expenses shall be submitted on a Travel Voucher attached tothis Agreement and supported with appropriate documentation and receipts (Attachment 2). 3.2.2 No other travel expenses all be paid for travel to or from hearing sites, including but not limited to travel time, and no other ordinary expenses all be reimbursed, including but not limited tothe cost of office supplies, postage,telephones, overnight mail, or couriers. 33. 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 teequired time will exceed one-half(1/2)hour of additional time,then the Contractor must not 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 12D-9.012, F.A.C., is not billable to or reimbursable by VA B under this Agreement. 3.6 The Contractor shall cooperate with the VA B 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 tothe to of Section 5 of this Agreement are subject to ratification by the VAB at a public meeting. 4. TERM/TERMINATION. 4.1 The to 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 2023. 4.2 This Agreement may be terminated by either party, with or without cause,by written notice tothe 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 Page 3 of 8 00C 1111i�111111 111m Couiikiil� specil:111,1 21U2 will be effective unless the defaulting party is first given to (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 teeffective 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 oft is Agreement by the Contractor out cause, Contractor shall be ineligible to be appointed as Special Magistrate to the VAB fora 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 ftu-ther 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 tote Clerk of the VAB for processing. Billings shall provide the nature oft e 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 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 thrmigh 218.79, Florida Statutes, the Florida Local Government Prompt Payment Act. Page 4 of 8 014C NIkill III)1-10e CotlnO� 2 02 Z 6. STANDARDS AND CORRECTION OF ERRORS. 6.1 Contractor shall perform or ftimish 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, out additional compensation, correct and revise errors, omissions, or other deficiencies in Contractor's or 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 out the prior written consent of the VAB. Further, no portion oft is Agreement may be performed by subcontractors orsub-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 all not be construed by the other party as a waiver of any subsequent breach. 10. GOVERNING LAWIVENUE. This Agreement all 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 venture of the VAB or Monroe County or the Monroe County School Board. Page 5 of 8 00C ".i111111111,oe CoI111111(i�', speciar 20212 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 to 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): E] 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 ex bons classifications. V/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 je din= the valuao of real estate, nationally recognized appraiser's organization with no less than 5 years' experience in tangible personal property valuation, and is qualified to hear petition involving 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. 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 Page 6 of 8 1100( "NiogI11111)e ("otJ111110i4 Special 0 22 provision in the form of a court proceeding and shall, as a prevailing party, be entitled to reimbursement of all attorney'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. 119.070 1 and the to 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) on 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 to and following completion of the contract if the contractor does not transfer the records to the County. (4) Upon completion oft e 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 byte 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 on 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 oft e County. (5) A request to inspect or copy public records relating to a County contract must be made directly tote 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 tote 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 Board Clerk,Monroe County Clerk of Court, 500 Whitehead St.,Key West, FL. 33040, (305)-292-3438 VABCLERK@Nonroe-Clerk.com J. Page 7 of 8 I �1 'A t 4�S 00C-144mroe 011,uilltl��, I t rybar. 2022 Attached to this agree mgjjt are e followi�� fozs:, 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 MO7NROE COAUTY, LORIDA: I-Z57 By: Signature of Chairman ,,,,,3ntractor 06ef:7 Date:— 01 5 Printed Name of Cotractor I Address of tor (AA404 City, Stlate, Zip C-) CLERK ERK BY, DE "Y C) 77 HT cd ti Page 8 of 8 00('-�N"��0 all III 111I)IIII, Ctlitl 11111 20122 Formw-9 Request for Taxpayer Give or to the lRev.October 2018) Identification Number and Certification requester.Do not Department of the Treasury send to the IRS. internal Revenue Service IN-Go to www.irs.gov/FormW9 for instructions and the latest information. I Name(as shown on your income tax return).Name*required on this line;do not leave this line blank. Nystrom Enterprises Incorporated -i—Business name/disregarded entity name,it different from above Steven Nystrom(DBA) en 3 Check appropriate box for federal tax classification of the person whose name is entered on linel.Qieck only one of the 4 Exemptions(codes apply only to Is 0 toll owlung seven boxes, certain entities,not Individuals:see CL instructions on page 3): g [I Inclividualhirrie proprietor or EJ C Corpovation R1 S Corlporaficin 0 Partners.hip Trust/estate 0 single-member LLC Exempt payee code(d any) Limited liability company.Enter the tax classification(C=C corim. ration,SmS corporation,P=Pw1narship)0, Note:Check ft appropriate box In the line above for the tax classification of the sir%ife-mernber owner. Do not check Exemption from FATCA reporting LLC it the LLC Is classified as a single-mernbas LLC that is disregarded from the owner unless the owner or the LLC is .1; another LLC that isnot dliaeglinded from the owner for U.S,federal tax purposes.Otherwise,a single-member LLC thatcode(H any) 0. is disregarded from the owner should check the appropriate box for the tax classification of Its owner, WON io=C-W.~f-.d.,A.,d9 U S) 5 Address(number.street,and apL or suite no.)See instructions, Requester's name and address(optional) 5044 Cypress Trace Drive 6 City,state,and ZIP code Tampa,Florida 33624 7 List account number(s)here(optional) payer Identification Nulmtetr-� Enter your TIN in the appropriate box.The TIN provided must rnatch the name given on line 1 to avoid 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 1,later,For other entities,it is your employer Identification number(EIN).If you do not have a numbers Now 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 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 rne)„and 2.1 am not subject to backup withholding because:(a)I am exerTipt 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 3.1 am a U.S.citizen or other U,S.person(defined below);and 4,The FATCA code(s)entered on this form(it any)Indicating that I am exempt from FATCA reporting is correct. Certification instructions.You must cross out item 2 above If you have been notified by the IRS that you are currently subject to backup Wthholding because you have failed to report all interest and dividends on your tax return.For real estate trarmictions,item 2 does not apply.For mortgage Interest paid, acquisition or abandonment of secured prop",cancellation of debt,contributions to an individual retirement arrangement(IRA),and generally,payrrients other than interest and dividends,you are not required to sign the certification,but you must provide your corred TIN.See the instructions for Part 11,later. ................ 91!qn:l�8 .at. 000 Wrinifuro u 8,P. Here WS.Forsern► Date General Instructions o Form 1099-DIV(dividends,Including the frorn stocks or mutual funds) Section references are to the Informal Revenue Code unless otherwise e Form 1099-MISC(various types of income,pirizes,awards,or gross noted. proceeds) Future developments,For the latest information about developments e Form 1099-B(stock or mutual fund sales and certain other related to Form W-9 and Its instrurflons,such as legislation enacted transactions by brokers) after they were published,go to wwwJrs.9ov1ForrroW9, -Form I 099-S(proceeds from real estate transactions) Purpose of Form 9 Form I 099-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 1098--T(tultion) identification number(TIN)which may be your social security number a Form 1099-C(canceled debt) (SSN),Individual taxpayer identification number JITIN),adoption -Form'1099-A(acquisition or abandonment of secured property) taxpayer identification number(ATIN),or employer Identification number (EIN),to report on an information return the alcount paid to you,or other Use Form W-9 only it you are a U.S.person(including a resident amount reportable on an Information return.Examples of Information alien),to provide your correct TIN. retums include,but are not limited to,the following, ffynu do not return Form IN to the requester with a 77N,you might •Forrn 1 099-INT(interest earned or paid) be srshliect to backup withholding.See What is backup withholding, later. Cal,No.10231X Form W-9 JROV.10,201 all STATE OF FLORIDA TRAVELER AGENCY Monroe County VAB VOUCHER FOR REIMBURSEMENT HEADQUARTERS OF TRAVEL EXPENSES X OFFICER/EMPLOYEE NON EMPLOYEEIIND. CONTRACTOR RESIDENCE(CITY) Travel Performed From Point of Purpose or Reason Hour of Meals for Per Diem Class C Map Vicinity Other Other Date Departure Class A& or Actual Mileage Mileage Expenses Expenses 0 Odgin To Destination (Name of Conference) And Return B Travel Lodging Meals laimed Claimed Amount Type J- Statement of Benefits to the State: (Conference or Convention) Column Column Column MILES Column SUMMARY Total Total Total @ 0.670 Total TOTAL Revolving Fund: Check No. Advance: Warrant No.: Check Date Warrant Date ILESS ADVANCE RECEIVED Agency Voucher No. Statewide Doc,No. ILESS CLASS C MEALS(Officers/Employees Only) Agency Voucher No. INET AMOUNT DUE I hereby certify or affiryn that the above expenses were actually incurred by me as necessary travel expenses in the Pursuant to Section 112061(3Xa),Florida Statutes,I hereby performance of my official duties,attendance at a conference or convention was directly related to official duties of the certify or affirm that to the best of my knowledge the above agency;any meals or lodging included in a conference or convention,registration fee have been deducted from this travel was on official business of the State of Florida and was travel claim and that this travel claim is true and correct in every material matter and same conforms in every respect perhmned for the payee(s)stated above. with the requirement of Section It 26'1 Florida Statutes. TRAVELER'S TRAPVELERS SIGNATURE: SUPERVISORS SIGNATURE: PR E AREDSf)2,10.2021 VAB Special Magistrate SUPERVISOR'S TITLE: DATE: Attachment 2 i i r, r /r%/rii, rL; . '.o' .,,,,;, ':, ,;,: ,,, ,:,,!/9 /1/G 1,rr// /dry✓9/rr////�/.////l%/II%r/r//li f� ///%/"f. //���� /�//r; �i oirrr ON �/ Certification of Training Completion e Florida Department of Revenue provides this documentfor a person to certify that he ors she, personally and without any assistance, completed the Department's e 2022 Value Adjustment Board Training, including exam, for I certify that I, Steven Lawrence Nystrom Personally, and without any assistance, have carefully reviewed and studied the content of Modules I through 5, Module r r and II of the Department of Revenue's 2022 Value Adjustment Board Trainin&for learning ch content, a -further certify,tho � . y and without an assistance have completed rind personally y � p � the Department of Revenue's corresponding exam natio This cerkiEiCa.tian beco only when s,gil;�d ��d dated below parson, 'Who corn - ✓,,,r r r � -, ,: 1�� 4,��� Ili, r //r� ,,,/�� r �i,,.✓� �i ,r, O r % i, z%r �,,;.� f r// � r � r r ✓ , r .. o,,// ,ter/ %� // 1 i ���/, r 1 r r r f 1 i r � / r J i it, r rr � r r r � 1 1 /// ,,, /i „/ rir ✓iu / ,,,, err, / !/.//r;if%!/f(l.';!d'r Certification of Training Completion e Florida Department of Revenue provides this document for a person to certifij thatars , personally and without the Department' 2 le Adjustment Board Training, including exam,forr I I certi fy t I, Steven Lawrence Nystrom without and a e c r ll e t , Personally, / " /r studied the content le 1 througk,7 Departwnt of Revenue's,2022 'Value Adjus learningsuch content, e ce =fhat without ® ve"c Cte of Revenue's,"c'orres idin s c ificati©n be o; a lid, This art �,r�, � arson who com leted ain�n / ///, ,;,/ m dated si tore b1 ►w I:father atte to y : 1 :IatUIe ani , e " �% , n'io b; 01, f / / r /,o rrrrr, /rrr/ rrr