Item Q7 �S Q.7
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County of Monroe
�y,4 ' �, "tr, BOARD OF COUNTY COMMISSIONERS
County �a� Mayor Heather Carruthers,District 3
�1 `ll Mayor Pro Tem Michelle Coldiron,District 2
The Florida.Keys ��` �)-.�p�`� � Craig Cates,District 1
David Rice,District 4
w � Sylvia J.Murphy,District 5
County Commission Meeting
September 16, 2020
Agenda Item Number: Q.7
Agenda Item Summary #7282
BULK ITEM: Yes DEPARTMENT: County Attorney's Office
TIME APPROXIMATE: STAFF CONTACT: Bob Shillinger(305) 292-3470
N/A
AGENDA ITEM WORDING: Approval of hourly rate increase in Administrative Law Judge
(Hearing Officer) services contract with the Division of Administrative Hearings from $153 per hour
to $155 per hour effective October 1, 2020.
ITEM BACKGROUND: Section 120.65(5), Florida Statutes, authorizes the Division of
Administrative Hearings (DOAH) to provide Administrative Law Judges (ALJs) 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 Plan 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 of an hourly rate increase,
effective October 1, 2020, from $153 per hour to $155 per hour.
The BOCC approved a new contract with DOAH on December 11, 2019; the hourly rate remained 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 and Beneficial Use Determination 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
11/16/11 BOCC approved Second Amendment to transfer Polycom video-conferencing equipment
from DOAH to Monroe County in exchange for the use of the County's Media&
Conference Room located in Marathon, FL
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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
12/11/19 BOCC approved new DOAH contract—hourly rate remained at$153 per hour
CONTRACT/AGREEMENT CHANGES:
Hourly fee increased from $153 to $155 per hour
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
DOAH Notification of increase in hourly rate effective 10/1/2020
FINANCIAL IMPACT:
Effective Date: 10-01-2020
Expiration Date: 09-30-2021
Total Dollar Value of Contract: TBD
Total Cost to County: $155 per hour (effective 10/1/2020) &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
County Match: N/A
Insurance Required: N/A
Additional Details: 10/01/2020 148-50001 GROWTH MGMT ADMIN $155 Rate per hour
09/16/20 148-60500 - CODE ENFORCEMENT $155.00
REVIEWED BY:
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Bob Shillinger Completed 08/31/2020 2:22 PM
Cynthia McPherson Completed 08/31/2020 4:07 PM
Purchasing Completed 08/31/2020 4:53 PM
Budget and Finance Completed 09/01/2020 1:28 PM
Liz Yongue Completed 09/01/2020 1:59 PM
Board of County Commissioners Pending 09/16/2020 9:00 AM
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State of Florida 0
Division of Administrative Hearings
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NOTICE
As stated in the Administrative Law Judges Services contract executed between your 2
Agency/Entity and the Division of Administrative Hearings, whereby Section 120.65 (9), 2
Florida Statutes, requires that the contract rate must be based on a total -cost-recovery W
methodology, the rate has been determined to be $155.00 per hour effective October 01, `V
2020. cV
If you have any questions,please contact Debbie Frost at(850)404-5430.
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