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Agenda 05/14/2024 Item #16A 1 (Collier County Hearing Examiner - 1st amendment to agreement between Andrew W.J. Dickman, A.I.C.P.,and Collier County for Hearing Examiner Services)05/14/2024 EXECUTIVE SUMMARY Recommendation for the Board to execute the first amendment to an Agreement for the Collier County Hearing Examiner between Andrew W.J. Dickman, A.I.C.P., and Collier County to provide Hearing Examiner services. ____________________________________________________________________________ OBJECTIVE: To approve an amendment of the original agreement providing for Hearing Examiner (“HEX”) services to facilitate the review of land use petitions in a timely, transparent, and efficient manner. CONSIDERATIONS: On December 10, 2019, the Board directed staff to amend the Hearing Examiner ordinance and solicit the position of Hearing Examiner to interested parties. While the previous Hearing Examiner position was structured as a full-time employee, the Board directed staff to solicit the position as an hourly, independent contractor reporting to the Board, modeled after the County’s Special Magistrate position. On June 9, 2020, the Board selected Andrew Dickman of the Andrew Dickman, P.A. d/b/a Dickman Law Firm to provide the County HEX services. The HEX services include the following: I. Work tasks: 1. Attend a County orientation and training session provided by the Growth Management Department staff. 2. Review applications, staff reports, exhibits, and other documents related to matters scheduled for hearings. 3. Research applicable laws, ordinances, and codes related to matters scheduled for hearings. 4. Meet or consult with County staff on land use matters, as needed. 5. Conduct site visits related to matters scheduled for hearing, as needed. 6. Communicate with or conduct meetings with applicants and their representatives and members of the public. 7. Conduct quasi-judicial hearings. 8. Prepare written final orders. 9. File decisions with the Clerk to the Board. 10. Respond to assignments directed by the Board of Collier County Commissioners. 11. Perform all other tasks required by the Hearing Examiner under Collier County Ordinance No. 2013-25, as amended. II. Administrative Services -The HEX shall respond to routine telephonic and email communications. In 2022, the original contract was extended by an additional two years, as provided for within the original agreement, to July 13, 2024. Staff is requesting that the Board approves the first amendment to the existing contract to provide for two additional two-year extensions to July 13, 2026, and July 13, 2028. HEX shall follow the Hearing Examiner’s Ordinance set forth in Ordinance No. 2013-25, Division 3, Sections 2- 83 through 2-91, as amended. The Scope of Services and Fee Rate Schedule in the Agreement and Administrative Services mentioned above are referenced in the original contract. FISCAL IMPACT: Funding to support the Office of the Hearing Examiner has been budgeted over the next two years within the Growth Management Department Planning Services Fund (1014). GROWTH MANAGEMENT IMPACT: There are no growth management impacts associated with this action. LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires a majority vote for Board approval. -(HFAC) 16.A.1 Packet Pg. 269 05/14/2024 RECOMMENDATION: For the Board to sign and execute the first amendment to the original Agreement between Andrew W.J. Dickman, A.I.C.P., and Collier County for Hearing Examiner services, to provide for two additional two-year extensions, and to bring back the Amendment at a future Board meeting prior to the July 13, 2024, termination date. . Prepared by: Mike Bosi AICP, Director, Zoning Division ATTACHMENT(S) 1. Attachment-A-Dickman-Contract-FullyExecuted (PDF) 2. Attach-B-AndrewDickman-2Yr-Renewal (PDF) 3. SIGNED First Amendment HEX (PDF) 16.A.1 Packet Pg. 270 05/14/2024 COLLIER COUNTY Board of County Commissioners Item Number: 16.A.1 Doc ID: 27935 Item Summary: Recommendation for the Board to execute the first amendment to an Agreement for the Collier County Hearing Examiner between Andrew W.J. Dickman, A.I.C.P., and Collier County to provide Hearing Examiner services. Meeting Date: 05/14/2024 Prepared by: Title: Zoning Director – Zoning Name: Mike Bosi 02/07/2024 10:33 AM Submitted by: Title: Zoning Director – Zoning Name: Mike Bosi 02/07/2024 10:33 AM Approved By: Review: Growth Management Community Development Department Diane Lynch GMD Approver Completed 02/21/2024 4:31 PM Operations & Regulatory Management Michael Stark GMCDD Reviewer Completed 02/21/2024 5:40 PM Transportation Management Operations Support Evelyn Trimino Additional Reviewer Completed 02/21/2024 10:31 PM Zoning Mike Bosi Division Director Completed 02/22/2024 8:05 AM Growth Management Community Development Department Mike Bosi Growth Management Completed 02/22/2024 8:25 AM County Attorney's Office Heidi Ashton-Cicko Level 2 Attorney of Record Review Completed 02/23/2024 2:05 PM Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 02/23/2024 2:25 PM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 02/23/2024 2:38 PM Office of Management and Budget Laura Zautcke OMB Reviewer Completed 02/29/2024 5:17 PM County Manager's Office Amy Patterson Level 4 County Manager Review Completed 05/02/2024 1:15 PM Board of County Commissioners Geoffrey Willig Meeting Pending 05/14/2024 9:00 AM 16.A.1 Packet Pg. 271 16.A.1.a Packet Pg. 272 Attachment: Attachment-A-Dickman-Contract-FullyExecuted (27935 : Direction of HEX contract extension) 16.A.1.a Packet Pg. 273 Attachment: Attachment-A-Dickman-Contract-FullyExecuted (27935 : Direction of HEX contract extension) 16.A.1.a Packet Pg. 274 Attachment: Attachment-A-Dickman-Contract-FullyExecuted (27935 : Direction of HEX contract extension) 16.A.1.a Packet Pg. 275 Attachment: Attachment-A-Dickman-Contract-FullyExecuted (27935 : Direction of HEX contract extension) 16.A.1.a Packet Pg. 276 Attachment: Attachment-A-Dickman-Contract-FullyExecuted (27935 : Direction of HEX contract extension) 16.A.1.a Packet Pg. 277 Attachment: Attachment-A-Dickman-Contract-FullyExecuted (27935 : Direction of HEX contract extension) 16.A.1.a Packet Pg. 278 Attachment: Attachment-A-Dickman-Contract-FullyExecuted (27935 : Direction of HEX contract extension) 16.A.1.a Packet Pg. 279 Attachment: Attachment-A-Dickman-Contract-FullyExecuted (27935 : Direction of HEX contract extension) 16.A.1.a Packet Pg. 280 Attachment: Attachment-A-Dickman-Contract-FullyExecuted (27935 : Direction of HEX contract extension) 16.A.1.a Packet Pg. 281 Attachment: Attachment-A-Dickman-Contract-FullyExecuted (27935 : Direction of HEX contract extension) 16.A.1.a Packet Pg. 282 Attachment: Attachment-A-Dickman-Contract-FullyExecuted (27935 : Direction of HEX contract extension) 16.A.1.a Packet Pg. 283 Attachment: Attachment-A-Dickman-Contract-FullyExecuted (27935 : Direction of HEX contract extension) 16.A.1.a Packet Pg. 284 Attachment: Attachment-A-Dickman-Contract-FullyExecuted (27935 : Direction of HEX contract extension) 4/26/2022 Andrew W.J. Dickman Andrew Dickman, P.A., d/ b/a Dickman Law Firm 809 Walkerbilt Rd, Suite 7 Naples, FL 34110 Via Email: andrew@dickmanlawfirm.org RE: Contract Renewal for # 20-1111-NS "Hearing Examiner Services (HEX)" Dear Mr/s. Dickman: Collier County would like to renew the above contract under the same terms and conditions for an additional two (2) year period in accordance with the renewal clause in the contract. If you are agreeable, please indicate your intentions by providing the information requested below and executing the acceptance section: _______ I am agreeable to renewing the above referenced contract under the same terms, conditions, and pricing as the existing contract. _______ I am not agreeable to the renewal of this contract. By executing the section below, this contract will be in effect from 7/14/2022 until 7/13/2024. Acceptance of Contract Renewal Company Name Company Signature Print Name Signature Date DocuSign Envelope ID: F0356FAC-E2AF-4D55-9C87-870F6C80BACF Dickman Law Firm Andrew Dickman 4/27/2022 16.A.1.b Packet Pg. 285 Attachment: Attach-B-AndrewDickman-2Yr-Renewal (27935 : Direction of HEX contract extension) Page 2 of 2 RE: Contract Renewal for # 20-1111-NS "Hearing Examiner Services (HEX)" Updated Contact Information (Only if addressee information on the first page is incorrect) Contact Name _________________________________________________________ Telephone Number _________________________________________________________ FAX Number _________________________________________________________ Email Address _________________________________________________________ Collier County Procurement Services is pleased to announce, it has partnered with BidSync to provide Free web-based Bidding services to its vendors, suppliers, and contractors. We are now “live on the new bidding platform. Register today at www.bidsync.com. For Registration Assistance, please contact BidSync customer service at 800-990-9339 Or email: support@bidsync.com. Please return this letter to the Procurement Services Division with your response no later than 5/3/2022. You may email your response to email Renewals@colliercountyfl.gov . If you have any questions you may contact me at 239-252-8407. Respectfully, Sue Zimmerman, CPM Contract Manager – Procurement Services Division C: Radoslava Edreva, GMD: Operations & Regulatory Management DocuSign Envelope ID: F0356FAC-E2AF-4D55-9C87-870F6C80BACF 16.A.1.b Packet Pg. 286 Attachment: Attach-B-AndrewDickman-2Yr-Renewal (27935 : Direction of HEX contract extension) 16.A.1.cPacket Pg. 287Attachment: SIGNED First Amendment HEX (27935 : Direction of HEX contract extension) 16.A.1.cPacket Pg. 288Attachment: SIGNED First Amendment HEX (27935 : Direction of HEX contract extension)