Item L7
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date:
June 20, 2001
Division:
County Attorney
Bulk Item: Yes 0 No 0
AGENDA ITEM WORDING:
Approval of Administrative Law Judge Services Contract with State of Florida,
Division of Administrative Hearings.
ITEM BACKGROUND:
PREVIOUS RELEVANT BOCC ACTION:
Ordinance No. 019-1993 adopted 5/25/93.
CONTRACT I AGREEMENT CHANGES:
STAFF RECOMMENDAnONS:
Approval.
TOTAL COST:
COST TO COUNTY:
BUDGETED: Yes 0 No 0
APPROVED BY:
County Attorney. OMB/Purchasing 0 Risk Management 0
DIVISION DIRECTOR APPROVAL~ ~
AM~T. HE ORICK
DOCUMENTAnON: Included 0 To Follow 0 Not Required 0
AGENDA ITEM #
1.(,1
ADMINISTRA TIVE LAW JUDGE SERVICES CONTRACT
THIS AGREEMENT, entered into this _ day of
, 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."
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
contractual arrangement for the provision of Administrative Law Judges is available for
the above-stated purpose under the authority of Section 120.65, Florida Statutes;
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,
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 Juc;lge in
accordance wr J ."Lvisions of Chapter 112, Florida Statutes. DOAH agrees,
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 Vll, Florida
Statutes.
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.
COUNTY agrees to compensate DOAH at the current rate (attachment 1, pages 1-2) for
any transcripts ordered by COUNTY. If DOAH court reporters are not available, DOAH
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
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
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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
agrees to make every effort to provide an Administrative Law Judge within thirty (30)
days of its receipt of the letter initiating such request.
MONROE COUNTY, FLORIDA
STATE OF FLORIDA, DIVISION
OF ADMINISTRATIVE HEARINGS
BY'~
. J MES . YORK
Deputy Chief Judge
By:
Acting by and through its
Board of County Commissioners
(SEAL)
ATTEST: DANNY L. KOLHAGE, Q.ERK
BY
DEPUTY CLERK
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