ADMINISTRATIVE LAW JUDGE SERVICES CONTRACT (3)ADMINISTRATIVE LAW JUDGE SERVICES CONTRACT
This CONTRACT is between the City of Clearwater, (hereinafter the "City"), and
the State of Florida, Division of Administrative Hearings ("DOAH").
WHEREAS, the City of Clearwater Code of Ordinances Section 2.418(8) provides
for the use of Administrative Law Judges to conduct evidentiary hearings and
determine whether a claim meets the criteria for awarding a disability pension
benefit;
WHEREAS, Section 120.65, Florida Statutes, authorizes DOAH to provide
Administrative Law Judges (ALJs) on a contract basis to any governmental entity;
WHEREAS, the City desires to use the services of DOAH's ALJs to conduct
hearings and determine whether a claim meets the criteria for awarding a disability
pension benefit; and
NOW, THEREFORE, the parties, for valuable consideration and the mutual
promises between them, agree as follows:
1. Scope of Services. The foregoing Recitals are hereby incorporated herein as if
fully restated. DOAH agrees to make ALJs available to the City. The ALJs
will be full-time judges employed by the State of Florida, Division of
Administrative Hearings, and are experts in the adjudication of administrative
disputes.
2. Compensation. The fiscal year 2003-2004 General Appropriation 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 $207.00 per hour
beginning October 1, 2024. 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 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, and preparing Recommended Orders.
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ADMINISTRATIVE LAW JUDGE SERVICES CONTRACT
3. Expenses. The City agrees to pay the actual travel expenses of the assigned
ALJ in the amount provided pursuant to Chapter 112, Florida Statutes.
DOAH will submit invoices monthly and the City agrees to remit payment
monthly in accordance with Chapter 218, Part VII, Florida Statutes. DOAH
agrees to provide the City an itemized statement of the charges and costs in
the invoice.
4. Contract Management. Megan Silver, Executive Director & Administrative
Law Judge, and Patricia Kenyon, Operations Manager, will provide contract
management services under this Contract for DOAH.
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 convenience of that party upon thirty
(30) days' written notice.
6. Request for Services. To initiate a proceeding, the City shall send a letter to
the Chief Judge, Division of Administrative Hearings, requesting the
assignment of an ALJ and shall include with such request a copy of the
relevant agency action letter, claim asserted and/or request for hearing, as well
as any code provisions or other local procedure that governs the type of hearing
requested. DOAH shall assign an ALJ promptly after receipt of the letter.
7. Effective Date. This Contract will become effective on the date the last
signature is made.
8. Designated Email Address for Case Service: The City designates the following
generic, role -based email address for service of significant case -related filings
issued by DOAH pursuant to this Contract:
legaldepartment@myclearwater.com. This email address shall not be
associated with any individual employee, shall be monitored regularly, and
shall remain active throughout the term of this Contract. The City shall notify
DOAH in writing of any change to the designated email address at least [five
(5)] business days before the change becomes effective.
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ADMINISTRATIVE LAW JUDGE SERVICES CONTRACT
9. 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 of Clearwater
Attn: City Attorney's Office
600 Cleveland Street, Suite 600
Clearwater, FL 33755
727-562-4010
To:DOAH
State of Florida, Division of Administrative Hearings
Attn: Patricia Kenyon, Operations Manager
1230 Apalachee Parkway
Tallahassee, FL 32301
850-488-9675
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ADMINISTRATIVE LAW JUDGE SERVICES CONTRACT
WHEREUPON, the parties have executed this Contract as follows:
CITY OF CLEARWATER, FLORIDA
City Manager
Approved as to form:
de..4/
David Margolis
City Attorney
STATE OF FLORIDA, DIVISION
OF ADMINISTRATIVE HEARINGS
Megan S. Silver
Executive Director & Administrative Law Judge
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Attest:
Rosemarie Call
City Clerk
Date
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ADM STKXTI�"E L-XW PJUD E SERVICES CONTRACT
WHEREUPON., the parties have executed this Contract as follows:
CITE OF CLEARWA.TER, FLORIDA
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City Manager
Approved as to form Attest:
David Margolis Rosemarie Cal
City Attorney City Clerk
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STATE OF FLORIDA, DIVISION
OF ADMINISTRATIVE HEARINGS �
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?Megan S, lve> I4at,e
Executive Director & Administrative Law Judge
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