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1. 06/20/2001 Agreement CLERK OF THE CIRCUIT COURT MONROE COUNTY BRANCH OFFICE MARATHON SUB COURTHOUSE 3117 OVERSEAS HIGHWAY MARATHON, FLORIDA 33050 TEL. (305) 289-6027 FAX (305) 289-1745 MONROE COUNTY COURTHOUSE 50D WHITEHEAD STREET KEY WEST, FLORIDA 33040 TEL. (305) 292-3550 FAX (305) 295-3663 BRANCH OFFICE PLANTATION KEY GOVERNMENT CENTER 88820 OVERSEAS HIGHWAY PLANTATION KEY, FLORIDA 33070 TEL. (305) 852-7145 FAX (305) 852-7146 MEMORANDUM DA TE: July 12, 2001 TO: James Hendrick County Attorney ATTN: Jan Hotalen, Assistant County Attorney's Office Pamela G. Hanco~ Deputy Clerk U FROM: At the June 20, 2001, Board of County Commissioner's meeting the Board granted approval and authorized execution of an Administrative Law Judge Services Contract between Monroe County and State of Florida, Division of Aciministrative Hearings. . Enclosed are is a duplicate original of the above mentioned for your handling. Should you have any questions please do not hesitate to contact this office. cc: County Administrator w/o document Finance File ./' ADMINISTRA TIVE LAW JUDGE SERVICES CONTRACT THIS AGREEMENT, entered into this ~ day of June , 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 Judge in accordance with the provisions 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 VII, 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 2 Agreement shall be automa,tically 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 ~ g:-,e ~(f'st Acting by and through its Board of County Commissioners -~ By. J ME . YORK ~UtYChiefJUdge .'. '.~ '" .1 r , r.--.... - -.... ri~r-~ ,- -""' 'A-', '~'r'~ n' ~ on: N ~:..") c: :;0 ::<:: :::~) z. C> > :.'J ~nr- :3: r'11 :<:-<:1: - f..-:" '"T1 :t:>- oo C:) r C') &'" J> rn an - 3 At' :lTrent 1 pa 1 of 2 State of Florida Division of Administrative Hearings Sharyn L. Smith Director and Chief Judge Ann Cole Clerk of the Division The DeSoto BuUding 1230 Apalachee Parkway Tallahassee. F10rtda 32399-3060 NOTICE Effective July 1, 1997, the fees of the in house court reporting program of the Division of Administrative Hearings are: Regular transcript delivery - $2.25 per page 72 hour transcript delivery - $4.50 per page 24 hour transcript delivery - $6.00 per page ASCII disk of transcript - exchange of disks with purchase of printed transcript Daily ASCII rough draft of transcript - $4.25 per page provided on disk (includes fee for final transcript preparation) $4.50 per page provided in printed form (includes fee for final transcript preparation) Compressed copy - $.25 per page over and above ordinary charge Concordance index - $15.00 per volume Realtime - $20.00 per hour (850l 488-9675 · SUNCOM 278-9675 · Fax Ftl1ng (850) 921-6847 · Fax SUNCOM 291-6847 www.doah.state.n.us. . Email DOAHCLKOma1l.state.fl.us At hnent 1 page 2 of 2 FEE SCHEDULE APPEARANCE FEE: Not applicable (no charge) TRANSCRIPT FEE: * To State Agencies - No charge * To Private Parties - $2.25 per page, regular delivery $4.50 per page, 72 hour delivery $6.00 per page, 24 hour delivery $3.40 per page, 1 week delivery $1.50 per page, copy charge for expedited delivery (for parties other than the expedited ordering party) EXTRA COPY: To Private Parties - $.25 per page To State Agency - No Charge COMPRESSED COPY: To Private Parties - $.25 per page over and above first copy charge. No charge for state agencies. DISK OF TRANSCRIPT: requesting parties, comparable disk(s). DAILY ASCII DISK: If a party requests daily ASCII they must do so in advance. These are provided at the end of each day of hearing. There is no charge for a daily ASCI I for a real time hearing. These are provided at but they are required no charge to to exchange a *To Private Parties - $4.25 per page on disk $4.50 per page printed *To State Agency - No Charge CONCORDANCE INDEX: This index provides an alphabetical listing of every word contained in the transcript, except prepositions such as and, the, et cetera. It provides a page number and line number where the word can be found throughout the entire transcript. * The cost. to private parties - $15.00 per volume KEY WORD INDEX: This index is comprised of an alphabetical listing of key words provided by the requesting party. * The cost to private parties - $1.00 per word REALTIME: The cost to private parties - $20.00 per hour (This includes an ASCII disk at the end of the day if one is reques ted. ) At :rment 2 DEPARTMENT OF MANAGEMENT SERVICES FLORIDA GOVERNMENT TELECONFERENCING NETWORK RATES POINT.TO..POINT VIDEOCONFERENCES (lWO ROOMS): OMS PROVIDED ROOMS @1/2 T-1 BANDWIDTH = $125.00Ihour @1/4 T-1 BAND'vVIDTH = $100,00Ihou~ @1/2 T-1 BANDWIDTH = $1 OO.OOlhour. @1/4 T-' BANDWIDTH = $ 75.00Ihou'" @1/2 T-1 BANDWIDTH = $ 72.001hour @1/4 T-1 BANDWIDTH = $ 36.00Ihour* USER OWNS ONE ROOM USER OWNS BOTH ROOMS MUl TJ-ROOM VIDEOCONFERENCES (THREE OR MORE): OMS PROVIDED ROOMS @1/2 T-1 BANDWIDTH =- $1 OO.OO/hr/nn @1/4 T-1 BANDWIDTH :ox $ 75.00/hr/rm* (Deduct 325.OOItlaur for eech use, CMn<<l room.) {.1/4 T-' Sendwidth recommended for most vldeoconfwMlce u..,,> Half-hour minimum use. 48-Hour cancellatlon fee (equal to one hour of scheduled use). CITY TALLAHASSEE FT. LAUDERDALE FT. MYERS JACKSONVILLE MIAMI ORLANDO PENSACOLA TAMPA WEST PALM BEACH VIDEO ROOM tOeA TION CAPITAL CIRCLE OFFICE CENTER CAPITAL CIRCLE OFFICE CENTER NORTHWOOD CENTRE (OBPR) THE 110 TOWER (A TlORNEY GENERAL) REGIONAL SERVICE CENTER REGIONAL SERVICE CENTER ROHDE BUILDING HURSTON BUILDING JAMES 8UILDING TRAMMELL BU.ILDING DIMICK BUILDING (All locations will Mat up to 20. except Fl. Lauderdllle wiD only $..t up to 12.) (850) 487-2000: Doria Reagan. Wiley James. or Dennis Watson ROOM # 301 (8/dg 4030) 101 (Bldg 4050) 129 1 Qth FLOOR 165-A A-300 N-106 N-101 50iA 608 114-C rwvieed 3128/'. WJlr:Ual\eet PLEASE NOTE THAT ONLY THE "1/4 1-1" RATES APPLY TO THE DIVISION OF ADMINISTRATIVE HEARINGS.