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Item Q10 Q.10 i�` County of Monroe �y,4 ' ?, "tr, BOARD OF COUNTY COMMISSIONERS Mayor Michelle Coldiron,District 2 �1 `_ll Mayor Pro Tem David Rice,District 4 -Ile Florida.Keys ��� � � Craig Cates,District 1 Eddie Martinez,District 3 w � Mike Forster,District 5 County Commission Meeting September 15, 2021 Agenda Item Number: Q.10 Agenda Item Summary #9691 BULK ITEM: Yes DEPARTMENT: County Attorney's Office TIME APPROXIMATE: STAFF CONTACT: Bob Shillinger(305) 292-3470 N/A AGENDA ITEM WORDING: Approval of a reduced hourly rate for contracted Administrative Law Judge (Hearing Officer) services with the Division of Administrative Hearings reducing the rate from $155 per hour to $150 per hour effective October 1, 2021. 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. In 2019, the Board entered into a new agreement with DOAH, which replaced the prior contract that had been amended several times. According to the existing 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 decrease, effective October 1, 2021, from $155 per hour to $150 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& Packet Pg. 3270 Q.10 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 12/11/19 BOCC approved new DOAH contract—hourly rate remained at$153 per hour 09/16/20 BOCC approved increase in contract rate from $153 per hour to $155 per hour, effective 10/1/2020 CONTRACT/AGREEMENT CHANGES: Hourly fee lowered from $155 to $150 per hour STAFF RECOMMENDATION: Approval DOCUMENTATION: DOAH hourly rate DOAH Agreement 11 December 2019 FINANCIAL IMPACT: Effective Date: 10-01-2021 Expiration Date: 09-30-2022 Total Dollar Value of Contract: TBD Total Cost to County: $150 per hour (effective 10/1/2021) & 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: 10/01/2021 148-50001 GROWTH MGMT ADMIN $150 Rate per hour Packet Pg. 3271 Q.10 09/15/21 148-60500 - CODE ENFORCEMENT $150.00 REVIEWED BY: Bob Shillinger Completed 08/31/2021 11:54 AM Cynthia McPherson Completed 08/31/2021 12:54 PM Purchasing Completed 08/31/2021 12:56 PM Budget and Finance Completed 08/31/2021 4:06 PM Liz Yongue Completed 08/31/2021 5:14 PM Board of County Commissioners Pending 09/15/2021 9:00 AM Packet Pg. 3272 Q.10.a 1Q ONo STATE OF FLORIDA Rom MSANTIS q DIVISION OF ADMINISTRATIVE HEARINGS GOVERNOR ASHLEY MOODY OFFICE OF THE JUDGES OF COMPENSATION CLAIMS ATTORNEY GENERAL JIMMY PATRONIS ., CHIEF FINANCIAL OFFICER NIKKI FRIED • COMMISSIONER OF AGRICULTURE RECEIVED August 23, 2021 AUG 3 0 LI' ;POE COLIN-Y AlmFORNEN N N Monroe County- Land Use Appeals Robert B. Shillinger,Jr. Assistant County Attorney 1111 12th Street Suite 408 Key West, Florida 33040 RE: Hourly Rate for DOAH Administrative Law Judge Service Contract Dear Sir or Madam: 0 I'm pleased to announce that our efforts to contain operational costs allows us to offer Administrative Law Judge services at the lower rate of $150.00 per hour. This rate change will be effective October 1, 2021. If you have questions or require additional information, please contact me at (8S0) 404-5440 or email at brian.newman@doah„state.fl.us. c Sincerely, 0 Brian A. Newman Deputy Chief Judge &Executive Director 1230 APALACHEE PARKWAY.TALLAHASSEE.FLORIDA 32399-3 60 ADMINISTRATIVE LA (850)48&9675 . .6OAH.STATE.F,-uS JUDGES O C OMPENSAIIION 0-;-�S 15-cFs 48 1 91 wWW FL-j c.ORC; Packet Pg. 3273 THE DIVISION OF ADMINISTRATIVE HEADINGS AND MONROE COUNTY ADMINISTRATIVE LAW JUDGE (HEARING OFFICER)_SERVICES_CONTRACT This CONTRACT is between MONROE COUNTY, FLORIDA, 1100 Simonton Street, Suite 20 , They Nests Florida, 33040 (hereinafter "COUNTY") and the STATE OF FLORIDA, DIVISION OF ADMINISTRATIVE HEARINGS (hereinafter"DOAH"). WHERE AS, Section 120.65( ), Florida Statutes, authorizes DOAH to provide CD 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 y 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 Coale 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 ,fudge 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 AL J 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 lather matter assigned to the Special Magistrate by the County Administrator or County Attorney.. E 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 I of Packet Pg. 3274 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. . Expenses. COUNTY agrees to pay the actual travel expenses of the assigned ALJ in the amount provided pursuant to Chapter 112, Florida Statutes. DOAH 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 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 elate 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 ( 0) days' written notice. 6. Reguest 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 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 shall include with such request a copy of any materials relevant to the request. DOAH shall provide an ALJ within thirty ( 0) calendar days of its receipt of the E letter. 2 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, addresser) as follows: . O ROE COUNTY, FLORIDA: DA: Bob Shilliner, County Attorney 1111 12th Street Suite#408 Page 2 of Packet Pg. 3275 Q.10.b Key West, Florida 33040 (305)292-34 0 DOAH: State of Florida, Division of Administrative Hearings Attn: Lisa M. Mustain, Director of Administration 1230 Apalachee:parkway Tallahassee, Florida 32399 (850) 8-9675 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 a "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," t lie c� appointive public office, appointive public position, appointive position, 44 " iG " 4£ 4F " elective office," elective public office, elective public position, or elective p� $osition" as those terms are used in the Monroe County Code(s), At BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FL AI By. � 3 ,, CD Deputy Clem yor STATE OF FLORIDA � DIVISION Q AID MIN TIIATI HEARINGS E B Date: Lisa M.Mustaint Director of Administration 5 r m rn a To Et RACOR VOR �r � LI F.Rt JP- �ATfi rk 19 Page 3 of 3 Packet Pg. 3276