ADMINISTRATIVE LAW JUDGE SERVICES CONTRACT
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ADMINISTRATIVE LAW JUDGE SERVICES CONTRACT
THIS AGREEMENT, entered into this ST!:: day of JYJA'I
, 2001, by and
between City of Clearwater, hereinafter referred to as "CITY" and the State of Florida,
D~'ViSiO ,I of Administrative Hearings, hereina~ter referred to as "DOAH."
IN WHEREAS, the City ~Sion of the City of Clearwater, Florida, on
Janu 20, 1999 6348-99
A~{{ 1!6~x~ passed Ordinance N 44*9 for the purpose of providing an
ad . strative process for appealing decisions rendered on variances and conditional uses
~ ommunity Development Board
by the t5~~~~tltc~~~g~~n'l~Boam; 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 proITllses
between the parties hereto, it is agreed as follows:
1. Scope of Services. DOAH 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 Teleconferencing. 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 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
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:~8~-n
William B.Horne, II
Interim City Manager
BY:~
JEW. YORK
Deputy Chief Judge
Attest:
Approved as to form:
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