Item T4BOARD OF COUNTY COMMISSIONERS
County of Monroe A
Mayor Heather Carruthers, District 3
Mayor Pro Tem George Neugent, District 2
Tine Florida Keyst�
�r 4 Danny L. Kolhage, District I
David Rice, District 4
Sylvia J. Murphy, District 5
County Commission Meeting
November 22, 2016
Agenda Item Number: T.4
Agenda Item Summary #2272
BULK ITEM: Yes DEPARTMENT: County Attorney's Office
TIME APPROXIMATE: STAFF CONTACT: Steve Williams (305) 289 -2584
N/A
AGENDA ITEM WORDING: Approval of Third Amendment to contract, with State of Florida,
Division of Administrative Hearings, who sit as Special Magistrate for Code Compliance hearings
and other matters, governing provision of video teleconferencing equipment.
ITEM BACKGROUND: In January, 2007, Monroe County contracted with DOAH to provide
hearing officers to sit as Special Magistrates for Code Compliance hearings. On February 21, 2007,
the Board ratified the Administrative Law Judges Service Contract between Monroe County and the
Department of Administrative Hearings (DOAH). The Contract was amended on July 2007 to
expand the scope of services to allow for other administrative matters, including beneficial use and
vested rights determinations.
In October of 2011, the contract was amended a second time to increase the use of video
teleconferencing in order to reduce travel and expenses where DOAH would provide the Polycom
and equipment.
The contract now needs to be amended for a third time due to the breakdown of the state -owned
Polycom equipment and the County having acquired a Polycom video teleconferencing network
system at its own expense to be used for all future DOAH hearings. The previous contract and
amendments called for the State to supply the Polycom equipment. The proposed amendment does
not change the current $149 /hour rate which DOAH charges the County for hearing officer services.
PREVIOUS RELEVANT BOCC ACTION:
February, 2007: Original contract ratification
July, 2007: First amendment to contract
October, 2011: Second amendment to contract
CONTRACT /AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION: Approval of amendment to contract.
DOCUMENTATION:
DOAH Contract
Third Amendment to Contract
FINANCIAL IMPACT:
Effective Date:
Expiration Date:
Total Dollar Value of Contract:
Total Cost to County:
Current Year Portion:
Budgeted:
Source of Funds:
CPI:
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing:
Grant:
County Match:
Insurance Required:
Additional Details:
If yes, amount:
REVIEWED BY:
Steve Williams
Completed
10/26/2016 8:48 AM
Christine Hurley
Completed
11/02/2016 4:02 PM
Bob Shillinger
Completed
11/02/2016 5:10 PM
Budget and Finance
Completed
11/03/2016 8:47 AM
Kathy Peters
Completed
11/03/2016 8:58 AM
Board of County Commissioners
Pending
11/22/2016 9:00 AM
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ADMINISTRATIVE LAN JUDGE SERVICES CONTRACT
Contract No.
THIS AGREEMENT, is between MONROE COUNTY, FLORIDA,
acting 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
administrative code enforcement cases; and
WHEREAS, it has been determined by the COUNTY and DOAH
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. DOAH 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
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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 DOM 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. DOM 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 DOAH 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. DOAH
agrees, whenever possible, to arrange the travel schedule
IN
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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.
DOM 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 M. 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
succeeding 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
(3C) days' written notice.
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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.
9. 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,
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First Amendment to Contract to
Provide Hearing Officers for Code Enforcement Cases
Between Division of Administrative Hearings and Monroe County
WHEREAS, the Division of Administrative Hearings (DOAH) was
established to provide a cadre of professional hearing officers to hear various
administrative disputes throughout the State of Florida; and
WHEREAS in January of 2007, Monroe County contracted with DOAH to
provide a hearing officer to sit as the Special Magistrate for Code Enforcement
hearings; and
WHEREAS section 2 -1.1 of the Monroe County Code authorizes the
County Administrator to assign additional matters to the Code Enforcement
Special Magistrate including, but not limited to beneficial use and vested rights
hearings; and
WHEREAS a hearing officer is needed to conduct hearing on pending
applications and render a recommended order on each application to the County
Commission; and
WHEREAS in order to ensure the prompt payment to DOAH for services
rendered by its hearing officer, the January 2007 contract should be amended to
clarify that these additional hearings are compensable under that contract;
NOW therefore, DOAH and Monroe County hereby amend their contract
of January 2007 as follows:
Section 1, scope of services shall be amended to read in its entirety as
follows:
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1. Scooe of Services DOAH agrees to make one Administrative Law Judge
available to the 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.
In addition to Code Enforcement hearings, the County Administrator may
refer any additional matter to DOAH for an administrative hearing as provided for
in Section 2 -1.1 of the Monroe County Code. By way of example, such matters
may include hearings on applications for beneficial use or vested rights
determinations. DOAH may be compensated pursuant to the terms of the
January 2007 agreement for any additional matters referred to it by the County
Administrator.
Attest:
Danny L. Kolhage, Clerk
By:
Deputy Clerk
For Monroe County,
Mario DiGenarro, Mayor
Date
For the Division of Administrative Hearings
I
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Second Amendment to the Administrative Law Judee Services Contract
between Division of Administrative Hearings and Monroe County
THIS SECOND AMENDMENT is entered into on the 16`" day of November, 2011 between the
Division of Administrative Hearings (DOAH) and the Monroe County Board of County Commissioners
(County).
WHEREAS, the Contract between DOAH and the COUNTY to provide administrative law judge
services for code enforcement violation cases was entered into January 2007; and
WHEREAS, the Contract was amended on July 2007 to expand the scope of services to allow for
other administrative matters, including beneficial use and vested rights determinations, to be referred
to and handled by DOAH; and
WHEREAS, the COUNTY and DOAH desire to increase the use of video teleconferencing in order
to reduce travel and expenses related thereto; and
WHEREAS, DOAH will provide POLY COM video teleconferencing network equipment and
devices to the COUNTY and in exchange the COUNTY will provide use of its Media & Conference Room
located at Marathon Government Center, 2798 Overseas Highway, Marathon, FL 33050.
NOW THEREFORE, the parties hereto, for valuable consideration and the mutual promises between the
parties, hereby amend its agreement as follows:
1. Section 4, Video Teleconferencing shall be amended to read in its entirety as follows:
4. Video Teleconferencing In the event a hearing is being conducted by video teleconferencing, the
COUNTY will use the POLY COM equipment and devices as provided by DOAH. The POLY COM
equipment and devices will be maintained by the COUNTY and the COUNTY will only provide the
necessary technical support for use and operation of the system. In exchange for use of the POLY COM
video teleconferencing equipment and devices, DOAH will be able to use the COUNTY's Media &
Conference Room, located at Marathon Government Center, 2798 Overseas Highway, V Floor rear
hallway, Marathon, FL 33050. The use of the Media & Conference Room will be subject to availability by
the COUNTY. DOAH shall reserve use of the Media and Conference Room with COUNTY staff. Once the
Media and Conference room is reserved by DOAH, the COUNTY's technical services staff will ensure that
the video teleconferencing equipment and devices are connected for use. The video conference
reimbursement rates will be $75.00 per hour for actual hearing time.
2. The contract entered into January 2007 and as amended July 2007, not inconsistent herewith,
shall remain in full force and effect.
Page 11 DOAH Second Amendment to Contract
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es have executed in their respective names as first written above.
Monroe County
By:
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ni ative Hearings
Charles A. Stampelos, Deputy Chief Judge
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APPROVED AS TO FG1
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Page 9 2 DOAH Second Amendment to Contract
Deputy Clerk
Third Amendment to the Administrative Law Judge Services Contract
Between Division of Administrative Hearings and Monroe County
THIS AMENDMENT is entered into the 22 day of November, 2016 between
the Division of Administrative Hearings (DOAH) and the Monroe County Board of County
Commissioners (County).
WHEREAS, the Contract between DOAH and the COUNTY to provide administrative
law judge services for code enforcement violation cases was entered into January 2007; and
WHEREAS, the Contract was amended on July 2007 to expand the scope of services to
allow for other administrative matters, including beneficial use and vested rights determinations,
to be referred to and handled by DOAH; and
WHEREAS, the Contract was amended on October 2011 to increase the use of video
teleconferencing in order to reduce travel and expenses where DOAH would provide the
POLYCOM video teleconferencing network equipment and devices to the COUNTY and in
exchange the COUNTY would provide use of its Media & Conference Room located at
Marathon Government Center, 2798 Overseas Highway, Marathon, FL 33050; and
WHEREAS, the COUNTY will provide its POLYCOM video teleconferencing network
equipment and devices acquired at its own expense in October of 2016, to be used for all
Administrative Law Judge hearings.
NOW THEREFORE, the parties hereto, for valuable consideration and the mutual
promises between the parties, hereby amend its agreement as follows:
1. Section 4, Video Teleconferencing shall be amended to read in its entirety as follows:
4. Video Teleconferencing. In the event a hearing is being conducted by video teleconferencing,
the COUNTY will provide its own POLYCOM equipment and devices. The COUNTY will
provide the necessary technical support for use and operation of the system and use of the
COUNTY'S Media & Conference Room, located at Marathon Government Center, 2798
Overseas Highway, I Floor rear hallway, Marathon, FL 33050. The use of the Media &
Conference Room will be subject to availability by the COUNTY. DOAH shall reserve use of
the Media & Conference Room with COUNTY staff. Once the Media & Conference Room is
reserved by DOAH, the COUNTY'S technical services staff will ensure that the video
teleconferencing equipment and devices are connected for use.
2. The contract entered into January 2007 and as amended July 2007 and October 2011, not
inconsistent herewith shall remain in full force and effect.
Page 11 DOM Third Amendment to Contract
IN ATMESS WHEREOF, the parties have executed in their respective names as first written
above.
Amy Heavilin, Clerk
By:
Deputy Clerk
For Monroe County
By: _
Mayor
of A4ministrative Hearings
MONR E OUNTY ATTORNEY
AP OLE
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N I --VI,NA'MS
ASSIS "WNT nN�,TTORNEY
Date I.In
Page 1 2 DOAH Third Amendment to Contract