2022 Rinky Parwani . 5
AGREEMENT BETWEEN
THE MONROE COUNTY VALUE ADJUSTMENT BOARD
And
Rinkv Parwani
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 Rinky
Parwani,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 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 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),F.A.C.
3. 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 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 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
S
Page 2 of 9
`7(4CVF,.it
expenses shall be submitted on a Travel Voucher attached to this.Agreement and supported with
appropriate documentation and receipts(Attachment 2).
3.2.2 No other travel expenses shall be paid for travel to or from hearing sites,
including but not limited to travel time,and no other ordinary 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 12D-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.
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 2023.
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
Page 3 of 8
pp
i
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
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
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
Page 4 of 8
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[itigation 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.
12. CERTIFICATIONS BY CONTRACTOR.
12.1 Contractor understands that Contractor need not be a resident of Monroe County.
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i.. . ri l't'f• { t:ii rt .%f3o.`iai .;• �..:i'..x.;i:...
122 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.
thisAgreement Contractor sha.ll.not undertake to:represent or advise any taxpayer or petitioner
before the VAB;
12.1 Contractor.certifies thatContractor`is not an elected.or appointed official or
employee of Monroe'County or of.the Monroe County School Board.
12A:Contractor certif es:thatContractor 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 ofthe.State of Florida.
12.6 Contractor certifies that Contractor possesses-tile following'minimum qualifications
(CHECK ALL THAT APPLY);,
LContractor is a;nember of The Florida Bar with,no.less,than 5 years'
experience in the area of ad valorem taxation,,and is qualif ed 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 hearpetition.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 ofChapter'119,:Florida Statutes,and made or received by the
County and..Coniractor 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
provision in the form of a court proceeding, and shall, as a prevailing party, be entitled 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.
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4
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 Board Clerk,Monroe
County Clerk of Court, 500 Whitehead St.,Key West,FL. 33040, (305)-292-3438
VABCLER&Wonroe-Clerk.cons
Page 7 of 8
Attached to this agreement are the followin- 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 COUNTY,FL RIDA:
By:
S mature f Contractor Chairman
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vJCt, Date: 16•�5`A0011�
PrintedAme•of.Contractor
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Address of Contractor 3
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City,:;Sta e;.Zip C)'�
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Page 8of8
Form ■■/■� = Request for Taxpayer Give Form to the
(Rev., ■!!
Novernber201.7) Identification Number and Certification requester.Do not
pep-aflment of the Treasury send to the-IRS.
Internal Revenue Service ►Go to,wwvvJrs.gov/FormW9 for instructions and the latest information.
1.Ng(as shown on your Inc:mo tax return).Nay91s qulred on this Ilne; to not leave this line blank.
a(� G �CLf
2 bus' ess n/ameldisregarded entity nam ifferent from.abov .
3 Check approp ate box for federal tax classification of the person whose name is entered online 1.Check only one of the 4 Exemptions(codes apply.only to
a following seven boxes. certain entities,not individuals;see
a instructions on page 3):
o ❑ Individual/sole proprietor or ❑ C Corporation S Corporation ❑ Partnership ❑Trustlestate
w single-member LLC Exempt payee code(it any)
ai c
a.o
;�'� ❑ Limited liability company.Enter the"tax classlfic`atlon(C=C`corporation,S=S corporation,P=Partnership)
o` .2 Note:Check the appropriate box in the line above for the�tax classification of the single-member owner. Do not check Exemption from FATCA reporting
; LLC if the LLC is classified as a single-member LLC that is disregarded from the owner unless the owner of the LLC Is 5 another LLC that is not disregarded from the:owner for U.S,federal tax purposes.Otherwise,a single-member LLC that code Of any)
IL Is disregarded from the owner should check the appropriate box for the tax classification of its owner.
o ❑ Other(see Instructions)► Nporos to•owns m.w6nW wtvdo n.,U.S.)
d
in b Jd7
//(��nucmber,street,�rpt,or suite no.)See instructio Requester's name and address(optional)
v.J CCG Co t,
6 Cit rate,-and ZIP code
�65y-I o6q_
-7 Listaccounf mber(s)h e(optional)
Taxpayer Identification Number(TIN)
Enter your TIN in the appropriate box.The TIN provided must match the name given on line 1 to avoid social security number
backup withholding.For individuals,this is generally your social security number(SSN).However,fora _M
resident alien,sole proprietor,or disregarded entity,seethe 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 I Employer Idontircation.number
Number To Give.the Requester'for guidelines on whose number to enter.
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 anumber to be issued to me);and
2.1 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
3.1 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 f 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 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 operty,cancellation of debt,contributions to an individual retirement arrangement(IRA),and generally,payments
other than interest and dividends,you notreq ' d to 'qn the certification,but you,must provide.your correct TIN.See the instructions'forPart 11,later..
Sign Signature of Here U.S.person► Date► (/ tf� 2--G7
l
General ln.striuc6ons fuForm nds) 1099-DIV(dividends,Including those.from stocks or mutual
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 wwwJrs.gov/Fom IN9. .Farm 1099-$(proceeds from.real estate transactions)
Purpose of Form •Form 1099-K(merchant card and third party network transactions),
.An in 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(tuition)
;Identification number(TIN)which may be your,social security number •Form 1099-C(canceled debt)
(SSN),individual taxpayer Identification number([TIN),adoption •Form,1099-A(acquisition or abandonment of secured property)
taxpayer identification number(ATiN),or employer identification number Use Form W-9 only if you are a U.S.person(including a resident
(EIN);to report on an information return the amount.paid to you,or other alien),to provide your correct TIN.
amount reportable on.an information return;Examples of information
returns;include;but are not limited to,the following.. if 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 What is backup withholding,
later.
Cat.No.10231X Form W-9(Rev,11-2017)
STATE OF FLORIDA TRAVELER AGENCY Monroe County VAB
VOUCHER FOR REIMBURSEMENT HEADQUARTERS
OF TRAVEL EXPENSES X OFFICER/EMPLOYEE NON EMPLOYEE/IND. CONTRACTOR RESIDENCE(CITY)
Hour of Meals for Per Diem Map Vicinity Other Other
Date Travel Performed From Point of Origin Purpose or Reason Departure Class A& or Actual Class C Mileage Mileage Expenses Expenses
To Destination (Name of Conference) And Return B Travel Lodging Meals Claimed Claimed Amount Type
Statement of Benefits to the State: (Conference or Convention) Column Column Column MILES Column SUMMARY
Total Total Total @p 0.670 Total TOTAL
Revolving Fund: Check No. Advance: Warrant No.:
Check Date Warrant Date ILESS ADVANCE RECEIVED
Agency Voucher No. Statewide Doc.No. LESS CLASS C MEALS(Officers/Employees Only)
Agency Voucher No. INET AMOUNT DUE
I hereby certify or affirm that the above expenses were actually incurred by me as necessary travel expenses in the Pursuant to Section 112061(3)(a),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 with performed for the payee(s)stated above.
the requirement of Section 11261 Florida Statutes.
TRAVELER'S SIGNATURE: SUPERVISOR'S SIGNATURE:
PREPARED 02.10.2021 VAB Special Magistrate SUPERVISOR'S TITLE: DATE:
Attachment 2
Florida Department of Revenue
Certificate of Training
Rinky Parwani
has received
2022 Value Adjustment Board Members and
Board Attorneys VAB Training
on
9/2/22
FLORIDA