2. 02/21/2007 Agreement
DANNY L. KOLHAGE
CLERK OF THE CIRCUIT COURT
DATE:
February 26, 2007
TO:
Suzanne A. Hutton
County Attorney
FROM:
Kathy Peters
Executive Assistant
Pamela G. Hanc4~
Deputy Clerk 0
.ATTN:
At the February 21,2007, Board of County Commissioner's meeting the Board granted
approval and authorized execution of the following:
Legal Services Agreement between Monroe County and Aronovitz Trial Lawyers and
Freed & Weiss, LLC to file suit against Hotels.com and similar entities to recoup unpaid bed
taxes. Enclosed are two duplicate originals for your handling.
Standard Legal Services Agreement No. CAY LIT 2006-02-02 between Monroe County
and Paul, Hastings, Janofsky & Walker LLP to represent Monroe County in matter of Emmert v.
Monroe County, CA P 02-520 retroactive to 2/1/06 and approval of payment in the amount of
$51,069.10 for work performed to date. Enclosed are two duplicate originals for your handling.
j Ratification of Administrative Law Judge Services Contract with Division of
Administrative Hearings to provide a hearing officer to serve as the Code Enforcement Special
Magistrate. Enclosed is a copy for your handling.
Should you have any questions please do not hesitate to contact this office.
cc: Finance
File
ADMINISTRATIVE LAW JUDGE SERVICES CONTRACT
Contract No.
THIS AGREEMENT, is between MONROE COUNTY, FLORIDA,
actinq by and through its County Commission, hereinafter
referred to as "COUNTY," and the State of Florida, Division
of Administrative Hearings, hereinafter referred to as
"DOAH."
WHEREAS, Monroe County Code section 6.3-3 requires
that the County provide a hearing officer known as a
Special
Master
and/or
Special
Magistrate
to
hear
admin:lstrati ve code enforcement cases; and
~mEREAS, it has been determined by the COUNTY and DOAR
that a contractual arrangement for the purpose of providing
an Administrative Law Judge is available for the above
stated provision under Section 120.65, Florida Statutes;
and
NOW,
THEREFORE,
the parties hereto,
for valuable
consideration and the mutual promises between the parties
hereto, it is agreed as follows:
1. Scope of Services. DOAR agrees to make one
Administrative Law Judge available to COUNTY each month to
hear code enforcement violation cases. The Administrative
Law Judge to be provided will be a full-time judge employed
by the State of Florida, Division of Administrative
Hearings. The Administrative Law Judge to be provided is
an expert in the adjudication of administrative disputes.
:2. Compensation. The fiscal year 2003-2004 General
Appropriations Act, Chapter 2003-397, Laws of Florida,
requires DOAR to renegotiate its contract for
Administrative Law Judge services annually so that the
hourly rate charged is based on a total-cost-recovery
methodology. The rate has been determined to be $137 per
hour beginning October 1, 2006. DOAR will notify the
COUNTY of the amended hourly rate on or about the first day
of September of each year. That rate will become effective
on the first day of October that same year. The COUNTY
agrees to compensate DOAR at the hourly rate of $137 per
hour, for each hour actually worked, and subsequently, at
the hourly rate determined in accordance with the Florida
Legislature's directive. This rate will apply for
Administrative Law Judge services in preparing for
hearings, traveling to hearings, conducting hearings, and
preparing Orders.
3. Expenses. COUNTY agrees to pay the actual travel
expenses of the Administrative Law Judge in the amount
provided pursuant to Chapter 112, Florida Statutes. DOAR
agrees, whenever possible, to arrange the travel schedule
2
of such Administrative Law Judge so that the Administrative
Law Judge can accomplish other work during a trip, and, in
such instances, travel expenses and hourly compensation
will be prorated for services to COUNTY. DOAH will submit
invoices monthly and COUNTY agrees to remit payment monthly
in accordance with Chapter 218, part VII, Florida Statutes.
DOAH agrees to provide COUNTY an itemized statement of the
charges and costs described therein with the invoice.
4. Video Teleconferencing. In the event a hearing is
being conducted by video teleconferencing, COUNTY will
reimburse DOAH at the current video teleconferencing rate
(Attachment A) for the time the equipment is used.
5. Contract Management. Deputy Chief Judge Harry L.
Hooper or in his absence Administrative Services Director
Lisa ]~. Mustain shall provide contract management services
under this Agreement for DOAH.
6. Term. This Agreement is for a term of one (1)
year and will begin on the date the last signature is
placed on this contract and will automatically renew for
succe<eding yearly periods one year from the date last
signed. This Agreement may be amended from time to time by
mutual agreement of the parties, and may be terminated by
either party for the convenience of that party upon thirty
(30) days' written notice.
3
7. Scheduling of Hearings. DOAH and COUNTY will work
together to schedule between ten (10) and twelve (12)
hearings per year, inclusive at a date and time that is
acceptable to both. If necessary, additional hearings will
be scheduled accordingly.
8. Assignment of Hearing Officer. For purposes of
continuity, DOAH will endeavor to assign the same hearing
officer to handle cases under this contract.
In the event
a conflict of interest or scheduling conflict arises, DOAH
will be permitted to provide another hearing officer.
MONROE COUNTY,
By ~ - Jd~ Date:
: ~,/~;. ~UNTY ATrORNEY
l/l>/;7
Ratified by:
0t:/("4~~- ~
Mayor Mario e ro
Board of County Commissioners
of Monroe County. FL
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STATE OF FLORIDA, DIVISION
OF ADMINISTRATIVE HEARINGS
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By:-t~ ~~ L
HARRY L. ~OOPE~
Deputy Chief Judge
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R BERT B. SHilliNGER, JR.
CHIEF ASflIfTANT CO~Y ATTORNEY
Date: C><-~;;;)-