Item P2BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: October 17, 2012- KW Division: County Attorney
Bulk Item: Yes X No
Department: County Attorney
Staff Contact Person: Bob Shillinger #3470
AGENDA ITEM WORDING:
Approval of contract rate with Department of Administrative Hearings (DOAH) from $146 per hour to $141 per hour
effective retroactively to October 1, 2012, as provided by the Contract and pursuant to F.S. 120.65(11).
ITEM BACKGROUND:
In January, 2007, Monroe County contracted with DOAH to provide hearing officers to sit as Special Magistrates for Code
Enforcement hearings. On February 21, 2007, the Board ratified the Administrative Law Judges Services Contract between
Monroe County and the Department of Administrative Hearings (DOAH). On July 18, 2007, the Board approved the First
Amendment to the Contract to expand the scope of services to provide hearing officers for beneficial use and vested right
determinations. As stated in the Contract, F.S. 120.65(11) requires that the contract rate must be based on a total -cost -
recovery methodology. Staff has received notification from DOAH of a rate decrease from $146 to $141 per hour,
effective 10/1/2012. This rate would also apply to other cases handled by DOAH under contract, such as Planning
Commission appeals and BUD hearings.
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
CONTRACT/AGREEMENT CHANGES:
STAFF RECOMMENDATIONS:
Approval.
TOTAL COST: $141 per hour INDIRECT COST: N/A BUDGETED: Yes X No
COST TO COUNTY: Decrease from $146 per hour to $141 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
4
NOTICE
As stated in the Administrative Judges Services contract executed between your Agency/Entity and
the Division of Administrative Hearings, whereby Section 120.65 (11), Florida Statutes, requires that
the contract rate must be based on a total - cost - recovery methodology. The aforesaid rate has been
determined to be $141.00 per hour beginning October 01, 2012.
If you have any questions, please contact Donna Allbritton at (850) 488-9675.
RECEIVED
EP 1 0 2012
'JONPOE COUNTY ATTORNEY