ADMINISTRATIVE LAW JUDGE SERVICES CONTRACT C-006
ADMINISTRATIVE LAW JUDGE SERVICES CONTRACT
Contract No. C-006
THIS AGREEMENT is between CITY OF CLEARWATER, FLORIDA,
hereinafter referred to as "CITY," and the State of
Florida, Division of Administrative Hearings, hereinafter
referred to as "DOAH." It shall be effective on the date
the last party signs this document.
WHEREAS, the City Commission of the CITY OF
CLEARWATER, FLORIDA, on January 20, 1999 adopted Ordinance
6348-99, for the purpose of providing an administrative
process for appealing decisions rendered on variances and
conditional uses by the Community Development Board; and
WHEREAS, it has been determined by the CITY and DOAH
that a contractual arrangement for the provision of
Administrative Law Judges may be effectuated 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 Administrative
Law Judges available to CITY. The Administrative Law
Judges to be provided will be full-time judges employed by
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the State of Florida, Division of Administrative Hearings.
The Administrative Law Judges to be provided are experts in
the adjudication of administrative disputes. The
Administrative Law Judges will conduct hearings as provided
by the ordinance, adduce facts, and provide a Recommended
Order.
2. Compensation. The fiscal year 2003-2004 General
Appropriations Act, Chapter 2003-3~7, Laws of Florida,
requires DOAH to renegotiate its contract for
Administrative Law Judge services annually so that the
hourly rate charged is based on a total-cost recovery
methodology. The rate has been determined to be $129.00
per hour beginning November 1, 2003. DOAH will notify the
CITY of the amended hourly rate on or about the first day
of September of each year. That rate will become effective
on the first day of October of that same year. The CITY
agrees to compensate DOAH from the date of the last
signature on this contract until October 1, 2004, at the
hourly rate of $129.00 per hour, for each hour actually
worked, and subsequently, at the hourly rate determined in
accordance with the Florida LegiSlature's directive. This
rate will apply for Administrative Law Judge services in
preparing for h$arings, traveling to hearings, conducting
hearings, and preparing Recommended Orders.
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3. Expenses. CITY agrees to pay the actual travel
expenses of the Administrative Law Judge in the amount
provided pursuant to Chapter 112, Florida statutes. DOAH
agrees, whenever possible, to arrange the travel schedule
of such Administrative Law Judge so that the Administrative
Law Judge can accomplish other work during a trip, and, in
such instances, travel expenses and hourly compensation
will be prorated for services to CITY. DOAH will submit
invoices monthly and CITY agrees to remit payment monthly
in accordance with Chapter 218, Part VII, Florida statutes.
DOAH agrees to provide CITY an itemized statement of the
charges and costs described therein with the invoice.
4. Video Teleconferencing. In the event a hearing is
being conducted by video teleconferencing, CITY will
reimburse DOAH at the current video teleconferencing rate
(Attachment A) for the time the equipment is used.
5. Contract Management. Deputy Chief Judge Harry L.
Hooper, or in his absence Administrative Services Director
Lisa M. Guidry, shall provide contract management services
under this Agreement for DOAH.
6. Term. This Agreement is for a term of one (1)
year and will begin on the date the last signature is
placed on this contract and will automatically renew for
succeeding yearly periods one year from the date last
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signed. This Agreement 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.
7. Request for Services. CITY, in order to obtain
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 shall provide an
Administrative Law Judge within thirty (30) days of its
receipt of the letter initiating such request.
CITY
Date ; ~~- 30) 2-C~)3
By:
STATE OF FLORIDA, DIVISION
OF ADMINISTRATIVE HEARINGS
By:
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HARRY L. HooplR '
Deputy Chief Judge
Date: {)j/~I Wj
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City of Clearwater Signature Page for
Administrative Law Judge Services Contract
No. C-006 for Fiscal Year 2003-2004
:It
By:
William B. Horne II
City Manager
Attest:
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State Of Florida/State Technology Office
Department Of Management Services
Suncom Videoconferencing Network
RA TES
Point-To-PointVideoconferences (Two Rooms):
OMS Provided Rooms
$100.00/hour*
User Owns One Room
$ 75.00/hour*
User Owns Both Rooms
$ 36.00/hour*
Multi-Room Videoconferences (Three or More):
OMS Provided Rooms
(Deduct $25.00lhour for each user owned room.)
$ 75.00/hour/room*
One hour minimum use.
(*Rate listed is for 384Kbps video speed which is recommended for most videoconference users)
48-Business-Hour cancellation fee of total scheduled time.
City
Tallahassee
Daytona Beach
Ft. Lauderdale
Ft. Myers
Jacksonvi lie
Miami
Orlando
Pensacola
Tampa
West Palm Beach
Video Room Location
Room #
Capital Circle Office Center 301 (Bldg. 4030)
Capital Circle Office Center 109 (Bldg. 4030)
Capital Circle Office Center (^special use facility) ^1 01 (Bldg. 4050)
06 Regional Service Center A-101
North Broward Regional Service Center** 196
Ft. Myers Regional Service Center 165-A
Duval Regional Service Center (Bldg.B) B-301
Rohde Building N-106
Hurston Building (North Tower) N-101
James Building 501-A
Trammell Building 608
Dimick Building/Palm Beach RSC 114-C
ATTACHMENT A
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ADMINISTRATIVE LAW JUDGE SERVICES CONTRACT
TIns AGREEMENT, entered into this 511: day of 7rJ,4y
, 2001, by and
between City of Clearwater, hereinafter referred to as "CITY" and the State of Florida,
'Divisio . of Administrative Hearings, hereinafter referred to as "DOAH."
I
III WHEREAS, the City ~Sion of the City of Clearwater, Florida, 00
Janu 20, 1999 6348-99
, A~{{ !8~x~ passed ,Ordinance N 44*9 for the purpose of providing an
. strative process for appealing decisions rendered on variances and conditional uses
ommunity Development Board
IJnJm~II~~8K~B0at8; and
WHEREAS, Section 120.65, Florida Statutes, authorizes the Division to provide
Administrative Law Judges on a contract basis to any governmental entity;
NOW, THEREFORE, for valuable consideration and the mutual promises
between the parties hereto, it is agreed as follows:
1. Scope of Services. DO~ agrees to make available to CITY, 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. CITY 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,
CITY 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
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other work during a trip, and, in such instances, travel expenses and hourly compensation
will be pro-rated for services to CITY. DOAH agrees to provide CITY an itemized
statement of the charges and costs described therein. CITY 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.
CITY agrees to compensate DOAH at the current rate (attachment 1, pages 1-2) for any
transcripts ordered by CITY. If DOAH court reporters are not available, DOAH will
secure an outside court reporter for the hearing. CITY will be responsible for the
appearance fee charged by the outside court reporter regardless of whether CITY orders
the transcript. CITY will also be responsible for the transcript fee charged by the outside
reporter, if CITY ,orders the transcript.
4. Video TeleconferencinlZ. In the event a hearing is being conducted by video
teleconferencing, CITY will be responsible for reimbursing DOAH at the current video
teleconferencing rate (attachment 2) for the time the equipment is used.
5; Contract ManalZement. 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
Agreement shall be automatically renewed for succeeding one (1) year periods unless
cancelled as provided herein.
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7. Request for Services. CITY, 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.
CITY OF CLEARWATER,
STATE OF FLORIDA, DIVISION
OF ADMINISTRATIVE HEARINGS
BY:!flu:.--.. 8~-a
William B.Horne, II
Interim City Manager
~
By:
J W. YORK
Deputy Chief Judge
Attest:
Approved as to form:
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