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Item O04C ounty of M onroe {f `° " rel BOARD OF COUNTY COMMISSIONERS n Mayor David Rice, District 4 The FlOnda Key y m 1 �� Mayor Pro Tem Sylvia J. Murphy, District 5 Danny L. Kolhage, District 1 George Neugent, District 2 Heather Carruthers, District 3 County Commission Meeting September 19, 2018 Agenda Item Number: 0.4 Agenda Item Summary #4656 BULK ITEM: Yes DEPARTMENT: County Attorney's Office TIME APPROXIMATE: STAFF CONTACT: Bob Shillinger (305) 292 -3470 N/A AGENDA ITEM WORDING: Approval of contract rate with Division of Administrative Hearings (DOAH) from $151 per hour to $153 per hour, effective 10/01/2018, as provided by the contract and pursuant to F. S. 120.65. ITEM BACKGROUND: For more than 10 years, Monroe County has contracted with DOAH to provide hearing officers to sit as Special Magistrates for Code Compliance hearings and other hearings such as Planning Commission appeals and Beneficial Use Determination (BUD) hearings. According to the contract and F.S. 120.65, the contract rate must be based on a total- cost - recovery methodology, which is adjusted annually. Staff has received notification from DOAH of a rate increase from $151 to $153 per hour, effective 10/01/2018. PREVIOUS RELEVANT BOCC ACTION: 02/21/07: BOCC ratified the Administrative Law Judge Services Contract 07/18/07: BOCC approved First Amendment to the Contract to expand the scope of services 10/15/08: BOCC approved increase in contract rate from $137 per hour to $140 per hour 10/21/09: BOCC approved increase in contract rate from $140 per hour to $142 per hour 10/20/10: BOCC approved increase in contract rate from $142 per hour to $144 per hour 10/19/11: BOCC approved increase in contract rate from $144 per hour to $146 per hour 10/17/12: BOCC approved decrease in contract rate from $146 per hour to $141 per hour 10/20/13: BOCC approved increase in contract rate from $141 per hour to $143 per hour 11/15/14: BOCC approved increase in contract rate from $143 per hour to $148 per hour 10/21/15: BOCC approved increase in contract rate from $148 per hour to $149 per hour 10/01/16: Hourly rate unchanged 10/01/17: BOCC approved increase in contract rate from $149 per hour to $151 per hour CONTRACT /AGREEMENT CHANGES: Hourly rate change from $151 to $153 per hour STAFF RECOMMENDATION: Approval. DOCUMENTATION: DOAH Fee Notice FINANCIAL IMPACT: Effective Date: 10/01/18 Expiration Date: 09/30/19 Total Dollar Value of Contract: Total Cost to County: Increase from $151 per hour to $153 per hour Current Year Portion: Budgeted: Yes Source of Funds: 148- 60500 - 530318 CPI: N/A Indirect Costs: N/A Estimated Ongoing Costs Not Included in above dollar amounts: Revenue Producing: NO Grant: N/A County Match: N/A Insurance Required: No Additional Details: If yes, amount: 09/19/18 148 -50001 -GROWTH MGMT ADMIN $2 per hour increase in hourly rate for Administrative Law Judges' Services REVIEWED BY: Bob Shillinger Budget and Finance Maria Slavik Kathy Peters Board of County Commissioners Completed Completed Completed Completed Pending $2.00 08/30/2018 1:54 PM 08/30/2018 2:01 PM 08/30/2018 2:16 PM 08/31/2018 4:12 PM 09/19/2018 9:00 AM State of Florida Division of Administrative Hearings I As stated in the Administrative Law Judges Services contract executed between your Agency/Entity and the Division of Administrative Hearings, whereby Section 120.65 (9), Florida Statutes, requires that the contract rate must be based on a total - cost - recovery methodology, the rate has been determined to be $153.00 per hour effective October 01, 2018. If you have any questions, please contact Martha Larson at (850) 488 -9675 ext. 126.