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NOW, THEREFORE, in consideration of the mutual terms and conditions, promises, covenants and <br />payment hereinafter set forth, the BOARD and SPECIAL MAGISTRATE agree as follows: <br />ARTICLE 1: SERVICES <br />1.0 The above recitals are true and correct and are hereby incorporated into this agreement. <br />1.1 SPECIAL MAGISTRATE shall perform professional services to the BOARD as a SPECIAL MAGISTRATE. <br />The SPECIAL MAGISTRATE'S services shall include, but not be limited to the following: <br />a. Conducting hearings in accordance with the rules of the Florida Department of Revenue; <br />b. Taking testimony and reviewing evidence at hearings for the Board pursuant to Chapter 194, Florida Statutes; <br />c. Making recommended findings of fact and conclusions of law to the BOARD concerning the determination of <br />the Indian River County Property Appraiser, within fourteen (14) calendar days of the conclusion of testimony <br />of any case; <br />d. Making a verbatim record of the proceedings and preserving any documentary evidence submitted for <br />consideration. <br />1.2 SPECIAL MAGISTRATE shall be responsible for complying with all federal, state and local rules, regulations, <br />statutes, laws or ordinances, regarding payment for his services under this Agreement, and any reporting requirements <br />there under. SPECIAL MAGISTRATE agrees that he/she will not display or distribute business cards or otherwise <br />advertise his/her business while serving as SPECIAL MAGISTRATE for the BOARD. <br />1.3 During any hours SPECIAL MAGISTRATE provides services to BOARD, SPECIAL MAGISTRATE shall <br />devote his/her full time and effort to the services being performed for the BOARD. SPECIAL MAGISTRATE shall <br />truthfully and accurately maintain all records and make such reports as the BOARD may require. SPECIAL <br />MAGISTRATE shall comply with all requirements of Chapter 119 F.S. <br />1.4 The BOARD Clerk shall provide the SPECIAL MAGISTRATE the names of real and personal property owners <br />contesting assessments upon execution of this agreement and after said names are known to the BOARD Clerk. If after <br />review of the names, the SPECIAL MAGISTRATE finds that there may be the potential for a conflict of interest, the <br />SPECIAL MAGISTRATE shall notify the BOARD Clerk and the BOARD Clerk shall reassign that case to an <br />alternative SPECIAL MAGISTRATE. <br />1.5 The SPECIAL MAGISTRATE shall conduct all hearings in accordance with Florida Statutes, Chapter 194 and <br />applicable Florida Department of Revenue Rules and Regulations and the BOARD'S Internal Procedures. <br />1.6 The SPECIAL MAGISTRATE will avoid all ex parte communications with taxpayers or Petitioners and <br />representatives of the Indian River County Property Appraiser's Office. <br />-24- <br />