2024 SPM Steven Nystrom AGREEMENT BETWEEN
THE MONROE COUNTY VALUE ADJUSTMENT BOARD
And
STEVEN NSTRO
For
SPECIAL MAGISTRATE SERVICES
is 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 WhiteheadStreet,Key West,F (hereinafter referred to as"VA "),and STEVEN
NYSTROM,the individual identified and executing this Agreement as the undersigned
(hereinafter e t "Contractoo.
1. RECITALS.
1.1 The VAB requires the services of one or more individuals to act as a Special
Magistrate for the purpose of takingon and receiving evidence at the hearings,as
provided Chapter 194,Florida Statutes,and Rule 1 ,Floridaits tiv e
( .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 Con actor certifies that Contractor possesses the minimum qualificationsrequired y
Section 194.035, lri to tes,and Rules 1 - .010 and 1 - .012,F.A.C.,to provide
services as a SpecialMagistrate.
1.4 In consideration of the mutual to s 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 ,thefollowing:
2„1.1 Taking testimonyat hearings providedt to Chapter 194,Florida
Statutes and Rule 1F.A.C.
2.1.2 Receiving evidence into the hearing record.
2.1.3 Rulin on objections made during the hearing by either of the parties to the
hearing.
Page 1 of
2.1.4 Making recommended findings of fact and conclusions of law tote VAB.
2.1.5 Prepari and submitting such reports and other documents as the VAB or
the Clerk of the VAB may from i a to time require.
2.2 Contractor shall be responsible for complying with all federal,state a local rules,
regulations,statutes,laws or ordinances,regarding a e t for his or her services n er 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 efforto the services being performed for the VAB.Contractor shall truthfully
and accurately iti all records 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 probablyill,enter into agreements with other
contractors to perform Special Magistratc services for the VAB. Further,Contractor agrees that
is 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 s all review thepetitioners'
names and addresses fora potential conflict of interest. If a potential conflict of interest exists,
e contractor shall immediately oti Clerk of the VAB who shall reassign the case to
another Special Magistrate.
2.6 The Contractor shall receive and retain all exhibits presented duringa hearing,and
shall transmit the record to with the original copy of the recommended order tot e Clerk o
c VAB,pursuant to Rule 12 - . 25(7), F.A.C.
3. FEES AND EXPENSES.
3.1 The VAB shall pay Contractor at the rate of One Hundred Fiftydollars( 1 . )per
our for Contractor's services undcr this Agreement. Billable time shall commence at the
scheduled start of a hearing or at the time of the Contractor's arrival set-up,whichever is
later,and shall end at conclusion of the hearing,except as noted in paragraphs 3.3 and 3. ,
below. For each day that the Contractor is scheduled to serve as a Speciala is ate,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.
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 2-110O of the Monroe County
Code depending on hourstravel,and hotel up to a maximum of two hundred dollars($2 )
per night or such maximum as may a set at the discretion of the Clerk. Any hotel expenditures
must e approved in advance by the Clerk. All requests for reimbursement of these travel
Page 2 of
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 2025.
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
will be effective unless the defaulting partyis 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 e effective date of termination.All finished or unfinished
documents prepared by Contractor s all become the propertyf the VAB and shall be delivered
by Contractor to the VAB immediately upon the effective date of termination.
4A In the event of termination oft is Agreement by the Contractor without cause,
Contractor s all be ineligible to be appointed as Special a ist to tote VAB fora period o
five(5)years from the end of the calendar year in which such termination effected. his
provision shall survive the termination of this Agreement.
4.5 Contractor shall not represent any personor entity against either Monroe County or
the Monroe CountySchool Board in a court case or administrative hearing at the time o
appointructit. Any such rcprcscntation that a "scs from the appointment rou the final
meeting of the VAB will disqualify the Special Magistrate from any further hearings,and the
Clerks all schedule another Special Magistrate to hear the matters scheduled for the disqualified
magistrate.
® METHOD OF BILLING AND PAYMENT.
5.1 Contractor shall submit billings for payment of services actually rendered on
monthly asis to the Clerk of the VAB for processing. Billingsshall 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 iio al time to render a decision pursuantto Paragraph 3.3 of
this Agreement. Contractor shall provide the Clerk it et ile time records for each such case
taken after the close of a hearing.
5.2 Co actor acknowledges that each billing s a reviewed and approved by the
Clerk of the VAB or Clerk's designee. Should the Clerkof the VAB or the Clerk's designee
determine that the billing is not commensurate with services performed,work accomplished or
hoursexpended, ac r shall adjust billing accordingly. Contractor shall be entitled to
payment of any portion of a billingnot in dispute.
5.3 The VAB shall pay Contractor's billings in accordance with Section 218.70 through
1 .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 e generally accepted standards of Contractor's profession or occupation and in accordance
Page 4 of
K ulom,mom°( �ku,4nf) ) i"d %A s'no-�ovs 24)
with any laws,statutes,ordinances,codes,rules and regulations ove in Contractor's services
hereunder.
6.2 Contractor shall,without additional compensation,correct and revise errors,
ornissions,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 waiverof the 's rights under any applicable statute
of limitations.The review o ,approval o ,or payment for any ofContractor's work product,
services,or materials shall not be construed to operate as a waiver of any of the 's rights
under this Agreement,or cause of action the VAB mayhave arising out of the performance o
this Agreement.
. NO CONTINGENT FEES.Contractor certifies that Contractor has not employed or
retained any company or person,other than a bona fide employee or i solely for Contractor,
to solicit or secure this Agreement and that Contractor has not paid or agreed to pay any person,
company, individual r firm,other than a bona fide employee working solely for Contractor,any
fee,commission,percentage, i or other consideration contingent upon or resulting from e
award or making of this Agreement. For the breach or violation oft is provision,the VAB shall
have the right to terminate the Agreement without liability at its discretion,to deducto the
contract price,or otherwise recover,the full amount of such fee,commission,percentage,gift or
consideration.
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 mayperformed
subcontractors or sub-consultants without written notice to and approval of such action by the
VA .
9. EVE ILIT /NO WAIVERS.In the event any provision of this Agreement shall
e held invalid and unenforceable,the remaining provisions shall be valid and bindingn the
parties.One or more waivers by either party of any breachany provision,term,condition or
covenant shall not be construed the other party as a waiverof any subsequent breach.
10. GOVERNING LAW/VENUE.This Agreement shall be governedand construed i
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, er or joint venture of the VAB or Monroe County or
the Monroe County School Board.
12. CERTIFICATIONS BYCONTRACTOR.
12.1 Contractor understands that Contractor need not be a resident of MonroeCounty.
Page 5 of 8
12.2 Contractor understands that Contractor s all not serve as a Special Magistrate in the
same tax year in which he ors 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
fore 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.
1 .5 Cont ctor certifies that Contractor is not an elected or appointed ycial or
employee the State of Florida.
12.6 Contractor certifies that Contractor possesses the following minimumlifica io s
(CHECK ALL THAT APPLY):
E Contractor is a member of The FloridaBar 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 a raiser with not less than 5 years'
experience in real property valuation,and is qualified to hear petitions involving issues_
re ar ink t evaluation o r 1 estate,
Contractor is a member of a nationally recognized appraiser's organization with
o less than 5 years'experience in tangible personal propertyvaluation, is qualified
to hear petition involving issuesar ina t e valuakio of to ile rsonal rove
13. PUBLIC RECORDS.
Contractor must comply with Florida public records laws, including t not limited to
Chapter 119, Florida Statutes and Section 24 of articleI 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" trials in its possession or under
its control subject to the provisions of Chapter 11 ,Florida Statutes,and made or received by the
County Contractor in conjunction with this contract and related to contract performance.
e County shall have the right to unilaterally cancel this contract upon violation of this
provision y the Contractor. Failure of the Contractor to abide by the terms of this provision
shall be deemed a material breach oft is 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 alto e 's fees and costs associated with at proceeding. This provision
shall survive any termination or expiration oft the contract.
Page 6 of
e Contractor is encouraged to consult with its advisors ut Florida Public Records
Law in order to comply with this provision.
Pursuant to F.S. 11 .0701 and the terms and conditions of this contract,the Contractor is
required to:
(1) Keep and maintain public records that would be required e County to
performthe service.
( ) Upon receipt the o 's custodian of records, rovi e the
County with a coy of the requested records r allow the records to be inspected o
copied within a reasonable time at a cost that does not exceed the cost provided in this
chapter or as otherwise providedlaw.
( ) Ensure that public records that are exempt or confidential and exempt from
public records disclosure requirements are not disclosed except as authorized law for
the duration of the contract term and followingcompletion f the contract if the
contractor does not transfer the records tote County.
( ) Upon completion oft the contract,transfer,at no cost,to the County all public
records in possession of the Contractor or keep and maintainpublic records that would be
required by the County to perform the service. If the Contractor transfers all public
records tote County upon completion of the contract, the Contractors all destroy any
duplicate public records that are exempt or confidential and exempt from is 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 is 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 c l systems oft the County.
(5) A request to inspect or coy public records relating to a County contract
must be madedirectly tote County, but if the County does not possess the requested
cords, 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, TACT THE
CUSTODIAN OF VAB PUBLIC RECORDS,(Value Adjustment Board Clerk,Monroe
CountyClerk of Court,500 Whitehead St.,Key West,FL. 33040,(305)295-350
F',<tBC'I.F' Ka to roe-t"`lerk:corre.
Page 7 of 8
kNtt�IA. Ilia h 0%'Ftl i e.°IG �N`ke e" 024,
ache tot is a ee nt are a olio in o s:
i. -9 Request for Taxpayer Identification Number&Certification
. Travel Voucher
IN WITNESS WHEREOF,the parties hereto have caused the execution of these
premises as of the date written below.
CONTRACT VALUE ADJUSTMENT BOARD
MONROE COUNTY,FLORIDA:
.. .... Y ..._ _. _-.. ..... ......._.....
Sig a o Contractor C; airman
ate® � .� "..� .,_...:� ...__.. _._.._.... _....._..._
Printed Name of C t r
CItractor
�Il date B
y <
4 g m
' r n n"A Y •
Page 8 of 8
Form W-9 Request for Taxpayer Give or to the
(Rev.October 2UIB) Identification Number and Certification requester.Do not
Department of the Treasury send to the IRS.
Internal Revenue Service b,Go to www.irs.gov/FormW9 for instructions and the latest information.
1 Name(as shown on your income tax return).Name is required on this line,do not leave this line blank,
Nystrom Enterprises Incorporated
2 Business name/disregarded entity name,it different from above
Steven Nystrom(DBA)
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
M following seven haxes, certain entities,not individuals:see
lu
ainstructions on page 3):
0
C 0 Individual/sole proprietor or El C Corporation 2 S Corporation 0 Partnership El Trustlestate
0 single-member LLC
C Exempt payee code(it any)
[] Limited liability company.Enter the tax classification(C=C corporation,S-3 corporation,P=Partnership)lb
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
Z LLC if the LLC is classified as a single-member LLC that is disregarded from the owner unless the owner of the LLC is de(if any)
C S another LLC that is not disregarded from the owner for U.S.federal tax purposes.Otherwise,a single-member LLC that co
is disregarded from the owner should check the appropriate box for the tax classification of its owner.
❑ Other(see instructions)0, V%pph- th.US,
Address(number,street,and apt.or suite no.)See instructions. Requester's name and address(optional)
ow 5044 Cypress Trace Drive
6 City,state,and ZIP code
Tampa, Florida 33624
-i_bsl acc—ounfn—umber(s)here(optional)
M�U�Tax�payer�Identifiicatiiran Number [TIN}__
Enter your TIN in the appropriate box,The TIN provided must match the name given on line 1 to avoid
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 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 [!-aF�y.,
Number To Give the Requester for guidelines on whose number to enter.
U 4 2 7 8
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
2.1 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
&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 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 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 11,later.
H_� g�;t oat
f�e eU_S. -,.-n ®ate�1
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 e Form 1099-6(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.irs.gov/FormW9. -Form 1099-5(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 1098-T(tuition)
identification number(TIN)which may be your social security number ®Form 1099-C(canceled debt)
(SSN),individual taxpayer identification number(ITIN),adoption
taxpayer identification number(ATIN),or employer identification number -Form 1099-A(acquisition or abandonment of secured property)
(EIN),to report on an information return the amount 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.
returns include,but are not limited to,the following. If you do riot 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,10-2018)
Certification of Training Completion
providesThe Florida Department ofRevenue
certifij that he or ® personally and without any assistance, has completed
to Department's 2024 Value Adjustment Board Training, including
e exam,
certify for Tan-gible Personal Pr
,
Steven Lawrence Nystrom
and without
studied the content of Modules 1 through 5, Module ,
and 11 of the Department of Revenue's 2024 Value Adjustment Board
Trainin&for learning such content, and further certify that 1,
personally and without any assistance, have completed and passed
the Department of Revenue's corresponding examination.
This certification eco es valid only when signed and dated below by the
person who completed the training including exam as described above. By
my dated signature , I f urtherattest to my preceding statements.
CertificationSignature and
FLORIDA
Certification of Training Completion
e Florida Departmentprovides i t a person to
certify sit c , has completed
Department'sthe oard Training, including
the exam, rR .
I certify that ,
Steven Lawrence Nystrom
and without any assistance, have carefully reviewed
studied the content o les 1 through 7 and Module 11 of the
Revenue'sDepartment of 2024 Value Adjustment Board Training,for
learning such content, andfurther certify that I, personally and
without any ® have completed and passed the
Department
Of 'Revenues corresponding examination.
This certification co s valid 1 e signed and dated below by the
personthe training including exa as described above. By
my dated signaturebelow, I further attest to my preceding statements.
Signature and Certification of DATE
F&
FLORIDA