Item R2 BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: November 19,2014-- KL Division: County Attorney
Bulk Item: Yes X No Staff Contact Person: Bob Shillinger#3470
AGENDA ITEM WORDING: Approval of contract rate with Division of Administrative Hearings
(DOAH) from $143 per hour to $148 per hour effective retroactively to October 1, 2014, as provided
by the contract and pursuant to F.S. 120.65.
ITEM BACKGROUND: Since 2007, Monroe County has contracted with DOAH to provide hearing
officers to sit as Special Magistrates for Code Compliance 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 $143 to $148 per hour,
effective 10/1/2014. This rate also applies to other cases handled by DOAH under contract, such as
Planning Commission appeals and Beneficial Use Determination (BUD) hearings.
Fiscal Year Code Compliance Other Hearings Total
FY13 $4,766 $3,011 $7,777
FY14 $5,886 $7,764 $13.,650
PREVIOUS RELEVANT BOCC ACTION:
2/21/07: BOCC ratified the Administrative Law Judge Services Contract
7/18/07: 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
11/20/13: BOCC approved increase in contract rate from$141 per hour to$143 per hour
CONTRACT/AGREEMENT CHANGES:
STAFF RECOMMENDATIONS: Approval
TOTAL COST: $148 per hour INDIRECT COST: N/A BUDGETED: Yes X No
YearlyEstimate: @$13,700
COST TO COUNTY: Increase from $143 ver hour to $148 per hour
SOURCE OF FUNDS: 148-60500-530318
REVENUE PRODUCING: Yes— No xx AMOUNT PER MONTH Year
APPROVED BY: County Atty X OMB/Purchasing_ Risk Management
DOCUMENTATION: Included X Not Required
DISPOSITION: AGENDA ITEM#
Revised 7/09
.............
State of Florida
Division of Administrative Hearings
a�N
NOTICE
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 S 148.00 per hour effective October 01,2014. y
If you have any questions,please contact James Fowler at(850)488-9675 ext. 126.
i
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Lisa M.Mustain
Administrative Services Director
Division of Administrative Hearings ,
1230 Apalachee Parkway '
Tallahassee,F132399-3060
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Robert B. Shillinger,Jr.,Assistant County Attorney
County of Monroe
502 Whitehead Street,3rd Floor
P.O. Box 1026 -
Key West,Florida 33041-1026
1
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
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. DOAH 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. DOM
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. DOM 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 DOM 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 DQAH.
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
(30) days' written notice.
3
7. Scheduling of Hearings. DOM 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.
6. 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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By: Date:
A. HDTron q CoUmm ATToRNBY
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STATE OF FIARIDA, DIVISION oC5= rn
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OF ADMINISTRATIVE HEARINGS � N --I
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BYE Date: w
HARRY L. HOOPS r r'c y 2311
Deputy Chief judge
Ratified by:
r Mario andaro '."��8 j ZW7 MONK C U ATTOPNEY
Board of County Cauiseioners M:
of Monroe County, FL
4 ROBE ROBERt B.SHILLINGiER,JR.
CHIEF Al
oNTANT CO ATTORNEY
Dace: �~ —i�
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:
1. Scoloe of Services. DOAH agrees to make one Administrative Law Judge
available to the COUNTY each month to hear code enforcement violation uses.
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
Janus 2007 agreement for any additional matters referred to it by the County
� x
)" Aft For Monroe County,
. "� �'+="� � •mot
I'D age, Clerk ji
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Deputy Clerk Mario DiGenarro, Mayor
JUL 19 Z007
Date
For the Division of Administrative Hearings
I AAI�m L �4� ;;w
Harry L. Hooper, T
eputy Chief Jd0ge D e
MONROP COUNTY ATTORNEY
PP V
QBERT 11.NIWNGER,JR.
A TANT c00NTY TTORNEY
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 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,a 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 20D7,not inconsistent herewith,
shall remain in full force and effect.
Page 11 DOAH Second Amendment to Contract
EOF,the parties have executed in their respective names as first written above.
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f lerk Monroe County
By:
Deputy Clerk May
Div! n f A in ative Hearings
Qom_
Charles A.Stampelos,Deputy Chief Judge
APPROVED AS TO
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Page 12 DOAH Second Amendment to Contract