Loading...
3. 12/11/2019 Agreement CJ�COUgr�`�11 �M°° ',!--o, Kevin Madok, CPA A "� •• Clerk of the Circuit Court& Comptroller— Monroe County, Florida 1,1%%Oc`OU 1 DATE: December 13, 2019 TO: Kathy Peters, CP County Attorney's Office FROM: Pamela G. Hanc•C �.C. SUBJECT: December 11n'BOCC Meeting Enclosed is a duplicate original of the following item for your handling: N3 Administrative Law Judge (Hearing Officer) Services Contract with the Division of Administrative Hearings. Should you have any questions, please feel free to contact me at(305) 292-3550. cc: Finance File KEY WEST MARATHON PLANTATION KEY PK/ROTH BUILDING 500 Whitehead Street 3117 Overseas Highway 88820 Overseas Highway 50 High Point Road Key West,Florida 33040 Marathon,Florida 33050 Plantation Key,Florida 33070 Plantation Key,Florida 330. 305-294-4641 305-289-6027 305-852-7145 305-852-7145 THE DIVISION OF ADMINISTRATIVE HEARINGS AND MONROE COUNTY ADMINISTRATIVE LAW JUDGE (HEARING OFFICER) SERVICES CONTRACT This CONTRACT is between MONROE COUNTY, FLORIDA, 1100 Simonton Street, 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 Magistrate; appeals of decisions of the Monroe County Planning Commission; appeals of decisions of the Historic Preservation Commission; appeals from administrative actions regarding the floodplain management provisions of the Monroe County Land Development Code 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 WHEREAS, the Chief Judge for the Division of Administrative Hearings, has the authority to enter into this agreement; NOW THEREFORE, the parties, for valuable consideration and the mutual promises between them, agree as follows: 1. Scope of Services. DOAH agrees to make ALJs available to the COUNTY. The 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. DOAH shall provide an ALJ to hear the following types of cases: a. Code compliance; b. Appeals of decisions of the Monroe County Planning Commission; c. Appeals of decisions of the Monroe County Historic Preservation Commission; d. Appeals from floodplain management variance denials; e. Beneficial use and vested rights hearings; and f. Any other matter assigned to the Special Magistrate by the County Administrator or County Attorney. 2. Compensation. The fiscal year 2003-2004 General Appropriations Act, Chapter 2003-397, Laws of Florida, requires DOAH to renegotiate its contracts for ALJ services annually so that the hourly rate charged is based on a total-cost recovery 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 about the first day of September of each year. That rate will become effective on the Page 1 of 3 • first day of October of that same year. COUNTY agrees to compensate DOAH 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 ALJ services in preparing for hearings, traveling to hearings, conducting hearings, and preparing Recommended Orders. 3. Expenses. COUNTY agrees to pay the actual travel expenses of the assigned All in the amount provided pursuant to Chapter 112, Florida Statutes. DOAH agrees, whenever possible, to arrange the travel schedule of such All so that the All 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 DOAH at the current DOAH video teleconferencing rate. 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 in the invoice. 4. Contract Management. Administrative Services Director Lisa M. Mustain shall provide contract management services under this Contract. 5. Term. This contract is for a term of one (1) year and will automatically renew for succeeding yearly periods one year from the date last signed. This Contract 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. 6. Request for Services. For Code Compliance matters, DOAH shall provide the same hearing officer, whenever possible, for the periodic hearings. Should a conflict arise in a Compliance Case, DOAH shall assign an alternate All 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 All and shall include with such request a copy of any materials relevant to the request. DOAH shall provide an ALJ within thirty (30) calendar days of its receipt of the letter. 7. Effective Date. This Contract will become effective on the date the last signature is made. 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: MONROE COUNTY, FLORIDA: Bob Shillinger, County Attorney 1111 12th Street Suite#408 Page 2 of 3 Key West, Florida 33040 (305) 292-3470 DOAH: State of Florida, Division of Administrative Hearings Attn: Lisa M. Mustain, 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 "elective position" as those terms are used in the Monroe County Code(s), or that the 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 ' ositions as those terms are used in the Monroe County Code(s). AtzAl i���€1f � --;,e BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FL : KEVIN MADOK, CLERK By; v 11111 By: Deputy Clerk I ayor STATE OF FLORIDA DIVISION O ADMIN i TRATI HEARINGS B ` C� s Date: 1 if/5-0 Lisa M. ustai Director of Administration r't m MONROE COUNTY ATTORNEY APPROVED TO FOR J Co 2 R iZZ RT-B� HILUN©ER,JR. -_ ✓ CDuN'rY ATT®RtAY 7 c5 • - cry • Page 3 of 3