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Item N03 N.3 t, BOARD OF COUNTY COMMISSIONERS County of Monroe Mayor Heather Carruthers,District 3 IleOI1da Keys Mayor Pro Tern Michelle Coldiron,District 2 �pw° Danny L.Kolhage,District I David Rice,District 4 Sylvia J.Murphy,District 5 County Commission Meeting December 11, 2019 Agenda Item Number: N.3 Agenda Item Summary #6289 BULK ITEM: Yes DEPARTMENT: County Attorney's Office TIME APPROXIMATE: STAFF CONTACT: Bob Shillinger(305) 292-3470 N/A AGENDA ITEM WORDING: Approval of an Administrative Law Judge (Hearing Officer) Services Contract with the Division of Administrative Hearings. ITEM BACKGROUND: Section 120.65(5), Florida Statutes authorizes the Division of Administrative Hearings (DOAH) to provide Administrative Law Judges (ALJ's)to serve as hearing officers on a contract basis to any governmental entity. Monroe County has contracted with the DOAH for many years to use their ALJs to conduct a variety of types of hearings, including Planning Commission appeals, Historic Preservation Commission appeals, Code compliance hearings, flood plain management ordinance appeals, Beneficial Use Determination hearings, vested rights hearings, and other matters assigned to DOAH by the County. 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 received notification from DOAH there was no rate increase for 2019-2020 and the rate remains at $153 per hour effective 10/1/2019. The County's current contract was approved by the Board on 2/21/2007 and amended 7/19/2007 and again 11/16/2011. While that agreement renews automatically each year until terminated by either party, many topics covered by the existing contract have become obsolete over the past 12 years. As a result, the DOAH requested a new contract be entered into to bring the elements of the contract current resulting in the attached contract which has been approved and executed by DOAH with the rate remaining at $153 per hour. PREVIOUS RELEVANT BOCC ACTION: 6/20/01 BOCC approved contract with the DOAH 2/21/07 BOCC approved contract with the DOAH 7/19/07 BOCC approved First Amendment expanding the scope of services to include additional matters such as vested rights, beneficial use hearings 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 Packet Pg. 1087 N.3 11/16/11 BOCC approved Second Amendment to transfer Polycom video conferencing equipment from DOAH to Monroe County in exchange for use of the County's Media& Conference Room located in Marathon, FL 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 10/18/17 BOCC approved increase in contract rate from $149 per hour to $151 per hour 9/19/18 BOCC approved increase in contract rate from $151 per hour to $153 per hour effective 10/1/18 10/01/19 Hourly rate unchanged; remains at $153 per hour effective 10/1/19 CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATION: Approval DOCUMENTATION: EXECUTED STAMPED New DOAH contract with Monroe County monroe 2019 REVISED (Title Mustain) 12 3 19 BOCC 11/16/2011 2nd Amendment DOAH Contract with Monore County BOCC 7/19/2007 1st Amendment to DOAH Contract with Monroe County BOCC 2/21/2007 DOAH Agreement with Monroe County BOCC BOCC 6/20/2001 DOAH Agreement with Monroe County FINANCIAL IMPACT: Effective Date: Upon approval and full execution. Expiration Date: Total Dollar Value of Contract: TBD Total Cost to County: $153 per hour(effective 10/1/2019) &related expenses (travel, video teleconferencing, etc.) Current Year Portion: TBD Budgeted: Yes Source of Funds: 148-60500-530318 CPI: N/A Indirect Costs: Estimated Ongoing Costs Not Included in above dollar amounts: Revenue Producing: No If yes, amount: Grant: N/A Packet Pg. 1088 N.3 County Match: N/A Insurance Required: N/A Additional Details: 12/11/19 148-50001 - GROWTH MGMT ADMIN $153.00 Rate per hour REVIEWED BY: Bob Shillinger Completed 11/25/2019 10:50 AM Budget and Finance Completed 11/25/2019 12:43 PM Maria Slavik Completed 11/25/2019 3:13 PM Kathy Peters Completed 11/25/2019 3:15 PM Board of County Commissioners Pending 12/11/2019 9:00 AM Packet Pg. 1089 THE DIVISION OF ADMINISTRATIVE HEARINGS AND MONROE COUNTY Z ADMINISTRATIVE LAW JUDGE (HEARING OFFICEM_������ This CONTRACT is between MONROE COUNTY, FLORIDA, 1100 Simonton Street, .0 Suite 205, Key West, Florida, 33040 (hereinafter "COUNTY") and the STATE OF FLORIDA, > DIVISION OF ADMINISTRATIVE HEARINGS (hereinafter"DOAH"). WHEREAS, Section 120.65(6), Florida Statutes, authorizes DOAH to provide Administrative Law Judges (ALJs) to serve as hearing officers on a contract basis to any governmental entity; and WHEREAS, the COUNTY desires to use the services of DOAH's ALJs to conduct hearings arising out of, related to, or in connection with code compliance cases, including but not limited to conducting quasi-judicial hearings as the County's Code Compliance Special P Magistrate; appeals of decisions of the Monroe County Planning Commission; appeals of W decisions of the Historic Preservation Commission; appeals from administrative actions W regarding the floodplain management provisions of the Monroe County Land Development Code > W and/or Monroe County Code of Ordinances; beneficial use and vested rights hearings; and any other matters assigned to the DOAH by the COUNTY; and 0 WHEREAS, the Chief Judge for the Division of Administrative Hearings, has the r_ authority to enter into this agreement; 0 E NOW THEREFORE, the parties, for valuable consideration and the mutual promises 0 between them, agree as follows: 0 1. Scope of Services. DOAH agrees to make ALJs available to the COUNTY. The 0 ALJs to be provided will be full-time judges employed by the State of Florida, Division of Administrative Hearings. The ALJs to be provided are experts in the adjudication of administrative disputes and such ALJs shall, where possible, be persons familiar with cases involving the issues at hand. DO AH shall provide an ALJ to hear the following types of cases: 0 a. Code compliance; b. Appeals of decisions of the Monroe County Planning Commission; 0 c. Appeals of decisions of the Monroe County Historic Preservation Commission; Z d. Appeals from floodplain management variance denials; a W e. Beneficial use and vested rights hearings; and f. Any other matter assigned to the Special Magistrate by the County Administrator or County Attorney. W 2. Compensation. The fiscal year 2003-2004 General Appropriations Act, Chapter :D 2003-397, Laws of Florida, requires DOAH to renegotiate its contracts for ALJ U W services annually so that the hourly rate charged is based on a total-cost recovery X W methodology. The rate has been determined to be $153.00 per hour beginning October 1, 2019. DOAH will notify COUNTY of the amended hourly rate on or E about the first day of September of each year. That rate will become effective on the Page I of 3 Packet Pg. 1090 first day of October of that same year. COUNTY agrees to compensate DOAH. for Z each hour actually worked, and subsequently, at the hourly rate determined in accordance with the Florida Legislature's directive. This rate will apply for ALJ services in preparing for hearings, traveling to hearings, conducting hearings, and .2 T preparing Recommended Orders. > 3. Expenses. COUNTY agrees to pay the actual travel expenses of the assigned ALJ in the amount provided pursuant to Chapter 112, Florida Statutes. DOA H agrees, whenever possible, to arrange the travel schedule of such ALJ so that the ALJ can accomplish other work during a trip, and, in such instances, travel expenses and hourly compensation will be prorated for services to COUNTY. In the event a hearing is being conducted by video teleconferencing, COUNTY will reimburse DOA H at the current DO AH video teleconferencing rate. DO AH 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 W (n itemized statement of the charges and costs in the invoice. > W 4. Contract Management. Administrative Services Director Lisa M. Mustain shall provide contract management services under this Contract. 0 5. Term. This contract is for a term of one (1) year and will automatically renew for 0 succeeding yearly periods one year from the date last signed. This Contract may be E 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' 0 written notice. 0 6. Re guest for Services. For Code Compliance matters, DOAH shall provide the same 0 2 hearing officer, whenever possible, forte periodic hearings. Should a conflict arise in a Compliance Case, DOAH shall assign an alternate ALJ to serve as the Special Magistrate. In order to activate this agreement for all other types of matters, the COUNTY shall send a letter to the Chief Judge requesting the services of an ALJ and 0 shall include with such request a copy of any materials relevant to the request. DOH shall provide an ALJ within thirty (30) calendar days of its receipt of the letter. 0 7. Effective Date. This Contract will become effective on the date the last signature is Z made. a W 8. Notices. All notices required or permitted by this Contract shall be in writing, and shall be deemed to have been duly given if mailed first-class, certified postage prepaid, addressed as follows: W MONROE COUNTY, FLORIDA: W X Bob Shillinger, County Attorney W ,h 111112 Street Suite#408 E Page 2 of 3 Packet Pg. 1091 Key West, Florida 33040 z (305)292-3470 T DOAH: > State of Florida, Division of Administrative Hearings Attn: Lisa ustain, Director of Administration 1230 Apalachee Parkway Tallahassee, Florida 32399 (850) 488-9675 9. Miscellaneous. The COUNTY and the DOAH agree that this Contract shall not be construed to find or hold that the position of ALJ within the DOAH is an "appointive office," "appointive public office," "appointive public position," "appointive position," "elective office," "elective public office, ' "elective public position," or W elective position" as those terms are used in the Monroe County Code(s), or that the > W DOAH or the ALJs it provides pursuant to this Contract hold an "appointive office," appointive public office," "appointive public position," "appointive position," elective office," "elective public office," "elective public position," or "elective position"as those terms are used in the Monroe County Code(s). 0 r- 0 BOARD OF COUNTY COMMISSIONERS E (SEAL) OF MONROE COUNTY, FL ATTEST: KEVIN MADOK,CLERK 0 0 By: By: 0 Deputy Clerk Mayor 0 STATE OF FLORIDA DIVISION 9��ADMIN TRAT HEARINGS Date: s i z Lsa M.Mustai Director of Administration W MONROE COUtM AT1rORNV W jAPPROV6 TO F -PQ 8 t�JLU R R W R 8" HILUUJ JP. x W E Page 3 of 3 Packet Pg. 1092 N.3.b DANNY L. KOLHAGE CLERK OF THE CIRCUIT COURT DATE: December 7, 2011 TO: Christine Hurley, Director Growth Management Division 0 ca ATTN. Mayra Tezanos Executive Assistant FROM. Pamela G. Hancock .C. 0 At the November 16, 2011, Board of County Commissioner's meeting the Board granted approval and authorized execution of the following: 0 -'Item K5 Amendment to the Contract with the Department of Administrative Hearings (DOAH) to transfer Polycom video conference equipment from Department of Administrative Hearings (DOAH)to Monroe County in exchange for the use of the County Media& Conference Room located at the Marathon Government Center, 2798 Overseas Highway, Marathon, FL 33050. 0 �s Item K10 Inter-local Agreement (ILA) with the Village of Islamorada (Village) to design Wayfinding signs with the Village boundaries. Fees for these services will be paid for in advance by the Village Item K11 Amendment No. 1 of the Wayfinding Contract with URS Southern Corporation (URS) to allow for the design of Wayfinding signs within the Village of Islamorada (Village) to be paid for by the Village. N Enclosed is a duplicate original of each of the above-mentioned for your handling. Should you have any questions, please do not hesitate to contact my office. It- It- �s �s cc: County Attorney Finance File Packet Pg. 1093 N.3.b Second Amendment to the Administrative Law Judge Services Contract between Division of Administrative Hearings and Monroe County THIS SECOND AMENDMENT is entered into on the 161h 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 0 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 0 r- 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 0 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 E 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 & N Conference Room, located at Marathon Government Center,2798 Overseas Highway, 15t Floor rear hallway, Marathon, FL 33050. The use of the Media& Conference Room will be subject to availability by (0 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, ca shall remain in full force and effect. Page 1 1 DOAH Second Amendment to Contract Packet Pg. 1094 ��1 IDES EOF,the parties have executed in their respective names as first written above. a + Ye,,/Clerk Monroe County y46 r B By: Deputy Clerk May r V 0 Divi n f A ini ative Hearings Charles A. Stampelos, Deputy Chief Judge 0 0 r- 0 r , A,PPROVVE D AS TO FGi- , .,�3TANT COUNTY c.. ,. M I&I1W — 0 Cd Cd !_:1 f 3 C-) U I Tl J " N N Q Gy W --Q Ln CD Page 2 DOAH Second Amendment to Contract Packet Pg. 1095 N.3.c DANNY L. KOLHA GE CLERK OF THE CIRCUIT COURT DATE: July 24, 2007 TO: Suzanne A. Hutton County Attorney ATTN: Kathy Peters Executive Assistant FROM. Pamela G. Han c " Deputy Clerk At the July 18, 2007, Board of County Commissioner's meeting the Board granted approval and authorized execution of the following: 0 Lease Agreement between Monroe County and 12th Street, LTD to relocate the County Attorney's Office to the Key West Professional Building on 12th Street. Enclosed is a duplicate original for your handling. First Amendment to Agreement between Monroe County and Greenberg Traurig, PA for the consulting services of Kenneth Metcalf The Amendment will continue Mr. Metcalf's U consulting services regarding Hurricane Evacuation as it relates to affordable housing. Enclosed is a copy for your handling. ✓ At the July 19, 2007, BOCC meetingthe Board granted approval and authorized execution of the First Amendment to Contract between Monroe County and the Division of E Administrative Hearings. Enclosed is a duplicate original for your handling. Should you have any questions please do not hesitate to contact this office. U) cv cc: Finan e Filed Packet Pg. 1096 N.3.c 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 0 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 �s WHEREAS section 2-1.1 of the Monroe County Code authorizes the 0 County Administrator to assign additional matters to the Code Enforcement a 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 0 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 U) rendered by its hearing officer, the January 2007 contract should be amended to clarify that these additional hearings are compensable under that contract; �s NOW therefore, DOAH and Monroe County hereby amend their contract U of January 2007 as follows: Section 1, scope of services shall be amended to read in its entirety as follows: Packet Pg. 1097 N.3.c 1. Scope 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 0 Law Judge to be provided is an expert in the adjudication of administrative disputes. 3 In addition to Code Enforcement hearings, the County Administrator may z refer any additional matter to DOAH for an administrative hearing as provided for 0 in Section 2-1.1 of the Monroe County Code. By way of example, such matters 0 may include hearings on applications for beneficial use or vested rights a determinations. DOAH may be compensated pursuant to the terms of the January 2007 agreement for any additional matters referred to it by the County Ate - For Monroe County, P ry Damage, Clerk r X- PTA Deputy Clerk Mario DiGenarro, Mayor N C) JUL 1 9 2007 Date For the Division of Administrative Hearings E Harry E. Hooper, eputy Chief JAIge D to MO ROB COUNTY ATTORNEY PP V OBERT 6. nILLINGER, JR. A&gtgTANT COUNTY TTORNEY ©ate = Packet Pg. 1098 N.3.d DANNYL. KOLHAGE CLERK OF THE CIRCUIT COURT DATE: February 26, 2007 TO: Suzanne A. Hutton County Attorney ATTN. Kathy Peters Executive Assistant 0 FROM: Pamela G. Hanc ck Deputy Clerk 3 At the February 21, 2007, Board of County Commissioner's meeting the Board granted �s 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. 0 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 far your handling. )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. �- �s �s cc: Finance File Packet Pg. 1099 N.3.d ADMINISTRATIVE LAN JUDGE SERVICES CONTRACT Contract No. 'PHIS 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 "DOM. " WHEREAS, Monroe County Code section 6.3-3 requires U that the County provide a hearing officer known as a Special Master and/or Special Magistrate to hear 0 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 AdLministrative Law Judge is available for the above stated provision under Section 120. 65, Florida Statutes; and cv Now, THEREFORE, the parties hereto, for valuable U consideration and the mutual promises between the parties U 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 Packet Pg. 1100 N.3.d 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, 0 requires DOAH 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. DOAH will notify the COUNTY of the amended hourly rate on or about the first day r- 0 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 cv Administrative Law Judge services in preparing for hearings, traveling to hearings, conducting hearings, and preparing Orders. 3. E.�+:penses. COUNTY agrees to pay the actual travel expenses of the Administrative Law Judge in the amount provided pursuant to Chapter 112, Florida Statutes. DOAH agree,, whenever possible, to arrange the travel schedule 2 Packet Pg. 1101 N.3.d 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 0 0 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 DOM at the current video teleconferencing rate 0 (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 14. Mustain shall provide contract management services under this Agreement for DOAH. �6. Term. This Agreement is for a term of one (1) cv year and will begin on the date the last signature is placed on this contract and will automatically renew for co succeeding yearly periods one year from the date last E 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 Packet Pg. 1102 N.3.d 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. 0 0 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. 0 0 MONROE COUNTY, By: Date: liqZZ A. HUTTON, COUNTY ATTORNEY h.a 3 ► -€y —n STATE OF FLORIDA, DIVISION r- ' OF ADMINISTRATIVE HEARINGS �— ---r By: L Date: � � � � HARRY L. HOOPS f,, ` 1 A V�`, Deputy Chief Judges r, 5� Ratified by: Mdy6r-Mario'Mi--ndaro = �B 2 j ZW7 MONRCLE COUN-F"ITOfitNEY Board of County Co=issioners A O M: of Monroe County, FL i 4 R BERT B. SHELLINGER, JR. CHIEF AS'Pi�STANT CO TY ATTQRNEY Date' Packet Pg. 1103 N.3.e Y COUNTy Opf f '� COUNT•t CLERK OF THE CIRCUIT COURT MONROE COUNTY BRANCH OFFICE BRANCH OFFICE MARATHON SUB COURTHOUSE MONROE COUNTY COURTHOUSE PLANTATION KEI 3117 OVERSEAS HIGHWAY 500 WHITEHEAD STREET GOVERNMENT CENTER MARATHON,FLORIDA 33050 KEY WEST,HEADFLORIDA STREET 88820 OVERSEAS HIGHWAY TEL.(305)289-6027 PLANTATION KEY,FLORIDA 33070 FAX(305)289-1745 TEL.(305) 95-36 3 TEL.(305)852-7145 FAX(305)295-3663 FAX(305)852-7146 MEMORANDUM DATE: July 12, 2001 3 TO: James Hendrick County Attorney ATTN: Jan Hotalen, Assistant County Attorney's Office r- 0 FROM: Pamela G. Hanco Deputy Clerk At the June 20, 2001, Board of County Commissioner's meetingthe Board d granted approval and authorized execution of an Administrative Law Judge Services Contract between Monroe County and State of Florida, Division of Administrative Hearings. Enclosed are is a duplicate original of the above mentioned for your handling. Should you have any questions please do not hesitate to contact this office. cc: County Administrator w/o document �s Finance co File Packet Pg. 1104 N.3.e ADMINISTRATIVE LAW JUDGE SERVICES CONTRACT THIS AGREEMENT, entered into this 2 day of June , 2001, by and between MONROE COUNTY, FLORIDA, hereinafter referred to as "COUNTY," and the State of Florida, Division of Administrative Hearings, hereinafter referred to as "DOAH." 0 0 WHEREAS, Monroe County Ordinance No. 019-1993, adopted May 25, 1993, requires that the County provide Administrative Law Judges to conduct appeals of land use decisions made by the Monroe County Planning Commission; and WHEREAS, it has been determined by the COUNTY and DOAH that a 0 contractual arrangement for the provision of Administrative Law Judges is available for 0 the above-stated purpose under the authority of Section 120.65, Florida Statutes; a NOW, THEREFORE, for valuable consideration and the mutual promises between the parties hereto, it is agreed as follows: 1. Scope of Services. DOAH agrees to make available to COUNTY, Administrative Law Judges who function as full-time Judges for the State of Florida, cv Division of Administrative Hearings, to conduct hearings as provided by statute. Such Administrative Law Judges shall, where possible, be persons familiar with cases involving the issues at hand. 2. Compensation. COUNTY agrees to compensate DOAH the sum of One Hundred Dollars ($100.00) per hour for an Administrative Law Judge's services in preparing for, traveling to, conducting hearings, and preparing Recommended Orders. Additionally, COUNTY agrees to pay the actual travel expenses of the Judge in accordance with the provisions of Chapter 112, Florida Statutes. DOAH agrees, Packet Pg. 1105 N.3.e whenever possible, to arrange the travel schedule of such Judge in such a manner that the 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 agrees to provide COUNTY an itemized statement of the charges and costs described therein. COUNTY agrees to remit payment in accordance with Chapter 218, part VII, Florida Statutes. 0 3. Court Reporter. Effective July 1, 1994, DOAH implemented an in-house court reporting program. These court reporters are the official reporters for DOAH and will be utilized as the court reporters in any hearings in Leon County within this Agreement. 0 COUNTY agrees to compensate DOAH at the current rate (attachment 1, pages 1-2) for 0 0 any transcripts ordered by COUNTY. If DOAH court reporters are not available, DOAH e will secure an outside court reporter for the hearing. COUNTY will be responsible for the appearance fee charged by the outside court reporter regardless of whether COUNTY orders the transcript. COUNTY will also be responsible for the transcript fee charged by the outside reporter, if COUNTY orders the transcript. 4. Video Teleconferencing. In the event a hearing is being conducted by video teleconferencing, COUNTY will be responsible for reimbursing DOAH at the current �s �s video teleconferencing rate (attachment 2) for the time the equipment is used. 5. Contract Management. Contract management under this Agreement shall be provided by Deputy Chief Judge James W. York. 6. Term. This Agreement is for a term of one (1) year, and 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. This 2 Packet Pg. 1106 N.3.e Agreement shall be automatically renewed for succeeding one (1) year periods unless cancelled as provided herein. 7. Request for Services. COUNTY, in order to request the services of an Administrative Law Judge, shall initiate a letter to the Chief Judge, Division of Administrative Hearings, requesting the services of an Administrative Law Judge and shall include with such request a copy of any materials relevant to the request. DOAH 0 agrees to make every effort to provide an Administrative Law Judge within thirty (30) days of its receipt of the letter initiating such request. 0 MONROE COUNTY,FLORIDA STATE OF FLORIDA,DIVISION 0 OF ADMINISTRATIVE HEARINGS 0 y' By. Acting by and through its J4eputy �ME . YORK Board of County Commissioners ief Judge N -J FORM EGtiL v CIE BY Attorney's Office x. rr-Y L. KOLH fE, CLERK z DEPUT1 CLERK �► �" fit _. 3 Packet Pg. 1107 N.3.e At, :hmnt 1 Pa 1 of 2 State of Florida Division of Administrative Hearings Sharyn L. Smith a The DeSoto Building Director and Chief Judge 1230 Apalachee Parkway Ann Cole z Tallahassee. Florida Clerk of the Division 32399-3060 .s o� 0 NOTICE " 3 Effective July 1, 1997, the fees of the in house court reporting program of the Division of Administrative Hearings are: 0 Regular transcript delivery - $2 .25 per page 72 hour transcript delivery - $4 .50 per page 24 hour transcript delivery - $6 . 00 per page ASCII disk of transcript - exchange of disks with purchase of printed transcript Daily ASCII rough draft of transcript - $4 .25 per page provided on disk ( includes fee for final transcript preparation) $4 . 50 per page provided in printed form ( includes fee for final transcript preparation) Compressed copy - $ .25 per page over and above ordinary charge cv Concordance index - $15 . 00 per volume Realtime - $20 . 00 per hour e (850) 488-9675 • SUNCOM 278-9675 • Fax Filing (850) 921-6847 • Fax SUNCOM 291-684 7 www.doah.state.fl.us. • E mail DOAHCLX®mail.state.fl.us Packet Pg. 1108 N.3.e At hment 1 Page 2 of 2 FEE SCHEDULE APPEARANCE FEE: Not applicable (no charge) TRANSCRIPT FEE: * To State Agencies - No charge * To Private Parties - $2 . 25 per page, regular delivery $4 . 50 per page, 72 hour delivery $6 . 00 per page, 24 hour delivery $3 . 40 per page, 1 week delivery $1 .50 per page, copy charge for expedited delivery ( for parties other than the expedited ordering .- party) EXTRA COPY: To Private Parties - $ . 25 per page To State Agency - No Charge 0 COMPRESSED COPY: To Private Parties - $ .25 per page over and above first copy charge. No charge for state agencies . DISK OF TRANSCRIPT: These are provided at no charge to requesting parties, but they are required to exchange a comparable disk(s) . DAILY ASCII DISK: If a party requests daily ASCII they must do so in advance. These are provided at the end of each day of hearing. There is no charge for a daily ASCII for a realtime hearing. *To Private Parties - $4 . 25 per page on disk $4 . 50 per page printed *To State Agency - No Charge ` CONCORDANCE INDEX: This index provides an alphabetical U listing of every word contained in the transcript, except prepositions such as and, the, et cetera . It provides a page number and line number where the word can be found throughout the entire transcript . * The cost- to private parties - $15 . 00 per volume KEY WORD INDEX: This index is comprised of an alphabetical listing of key words provided by the requesting party. * The cost to private parties - $1 . 00 per word REALTIME: The cost to private parties - $20 .00 per hour (This includes an ASCII disk at the end of the day if one is requested. ) Packet Pg. 1109 • N.3.e At :hment: 2 DEPARTMENT OF MANAGEMENT SERVICES FLORIDA GOVERNMENT TELECONFERENCING NETWORK RATES POINT-TO-POINT VIDEOCONFERENCES (TWO ROOMS): 0 0 DMS PROVIDED ROOMS @1/2 T-1 BANDWIDTH = $125.00/hour Q1/4 TA BANDWIDTH =.$100,00/hour• USER OWNS ONE ROOM @1/2 T-1 BANDWIDTH = $100.00/hour . @1/4 T-1 BANDWIDTH = $ 75.00/hour" USER OWNS BOTH ROOMS @1/2 T-1 BANDWIDTH = $ 72.00/hour @1/4 T-1 BANDWIDTH = $ 36.00/hour' r_ 0 MULTI-ROOM VIDEOCONFERENCES (THREE OR MORE): a DIMS PROVIDED ROOMS @1/2 T-1 BANDWIDTH = $100.00/hrhm (Deduct 325.00Acurfor each user owned room.) a@1/4 T-1 BANDWIDTH - $ 75.00/hrirm" (4114 T-t Bandwidth recommended for most videeeonfersnee users) CD C Half-hour minimum use. 48-Hour cancellation fee (equal to one hour of scheduled use). Crry ViDEQ ROOM LOCATIC)N ROOM# CD CD TALLAHASSEE CAPITAL CIRCLE OFFICE CENTER 301 (Bldg 4030) CD CAPITAL CIRCLE OFFICE CENTER 101 (Bldg 4050) NORTHWOOD CENTRE (08PR) 129 FT. LAUDERDALE THE 110 TOWER (ATI ORNEY GENERA.) 10th FLOOR FT. MYERS REGIONAL SERVICE CENTER 165-A JACKSONVILLE REGIONAL SERVICE CENTER A-300 E MIAMI ROHDE BUILDING N-106 ORLANDO HURSTON BUILDING N-101 PENSACOLA JAMES BUILDING - 501A TAMPA TRAMMELL BUILDING 608 WEST PALM BEACH DIMICK BUILDING 114-C (AA locations will Beat up to 20, except Ft. Lauderdale wig only seat up to 12.) (850)487-2000: Doris Reagan, Wiley James, or Dennis Watson rwvieed 312&98 wSratastwst PLEASE NOTE THAT ONLY THE "1/4 T-1" RATES APPLY TO THE DIVISION OF ADMINISTRATIVE HEARINGS. Packet Pg. 1110