ADMINISTRATIVE LAW JUDGE SERVICES CONTRACT ADMINISTRATIVE LAW JUDGE SERVICES CONTRACT
This CONTRACT is between the city of Clearwater
(City) , Florida, 112 S. Osceola Avenue, Clearwater, FL
33756 , and the State of Florida, Division of Administrative
Hearings (DOAH) .
WHEREAS, Section 120 . 65, Florida Statutes, authorizes
DOAH to provide Administrative Law Judges (ALJs) on a
contract basis to any governmental 'entity;
WHEREAS, Section 2 . 285 City Code of Ordinances
authorizes the City Council to contract with DOM to
provide hearing officers;
WHERFAS, City cip-qires to use thp- sp_rvirps of DOAH' s
ALJs to conduct hearings involving the City Civil Service
Administration; and
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 CiLy Uu acL ds he&iinq uffiuuts . The ALJs Lo
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. The ALJs will conduct hearings and present
a Proposed Order to the City Civil Service Board in
accordance with Section 2 . 285 , City Code of Ordinances and
the City Civil Service Board Rules and Regulations.
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 $148 . 00 per hour beginning October 1,
2014 . DOAH will notify 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. City agrees, to compensate DOA H 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, aad pr�parinq Proposed Q1r_CJt-,L_6 .
3 . Expenses. City 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
A 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 City. In the
event a hearing is being conducted by video
teleconferencing, City will reimburse D,OAH at the current
DOAH video teleconferencing rate . DOAH will submit
invoices monthly and City agreer, 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 in the invoice .
4 . Contract Managemmeptt. Deputy Chief Judge
David M. Maloney or 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 date last signed. This Contract may be
amended from time to time by mutual agreement of the
parties, and may be terminated by either party for the
(:uiiveiiiunce of that party upon thirty (30) days I written
notice .
6 . Request for Services . City, in order to obtain
the services for an AL J, shall send a letter to the Chief
Judge, Division of Administrative Hearings, 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 (30) days of receipt of the
leLLer .
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, addressed as follows :
To City:
City of Clearwater Civil Service Commission
Attn: Joseph Roseto, Human Resources Director
P.O. Box 4748
Clearwater, FL 33758-4748
727-562-4870
To DOAH:
,State of Florida, Division of Administrative Hearings
Attn: Lis,a M. Mustain, Administrative services Director
1230 Apalachee Parkway
Tallahassee, Florida 32399
850-468-9675
CITY OF CLEARW ATE
R
Date :
By:
William B. Horne , II
City Manager
Attest:
up0.A9 @m Rp prM
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r� arie���rn r r
Rosemarie Call ck
City Clerk
Approved as to orm
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Matthew M. Smith
Assistant City Attorney
DIVISION OF ADMINSITRATIVE HEARINGS
ry.
Date
: C
.: .
David M. Ma coney
Repi.aty Chief Judge