1-RFP26-002 Special Magistrate Services.pdf

CITY OF OCOEE

REQUEST FOR PROPOSALS

RFP #26-002

SPECIAL MAGISTRATE SERVICES

RFP #26-002 Special Magistrate Services 2

TABLE OF CONTENTS

RFP #26-002

RFP DOCUMENTS

Section Page

Legal Advertisement 3

A. Introduction and General Instructions 4 - 12

B. Insurance Terms & Conditions 13 – 15

SCOPE OF SERVICES, PROPOSAL FORM, AND PROPOSED CONTRACT

Section Page

C. Scope of Services 16

D. Submittals (Submission Instructions) 16 - 17

E. Time Schedule 17

F. Selection Process 18

G. Evaluation Criteria 18

Exhibit A – Price Proposal Form* 19

Summary of Litigation* 20

Acknowlegement of Addenda* 20

Exceptions to Scope or Contract Documents* 20

Company Information/Signature Sheet* 21

Drug Free Workplace Form* 22

Conflict of Interest Disclosure Form* 23

Non-Collusion Affidavit* 24

Certification of Non-segregated Facilities* 25

Certification Regarding Scrutinized Companies’ Lists* 26

Human Trafficking Affidavit* 27

Company Not an Entity of Foreign Country of Concern* 28

Contractor E-Verify Affidavit* ` 29

Exhibit B - Proposed Contract 30-33

*Submit with Proposal

End of Table of Contents

RFP #26-002 Special Magistrate Services 3

Request for Proposals, Legal Advertisement

The City of Ocoee, Florida (the “City”) is soliciting sealed proposals for RFP #26-002 Special

Magistrate Services. Proposals will only be accepted electronically through Bonfire, a free e-

Procurement platform, until 2:00 pm, local time, on November 18, 2025. Proposals received after that time or through any other method will not be accepted under any circumstances. Proposals that have been timely received will be publicly opened, virtually online and the name of the responding firms read aloud at that time; instructions will be provided at https://www.ocoee.org/959/Public-Bid-Meetings. All questions regarding this RFP shall be in writing and directed to Shannon Hopper, CPPB, Purchasing

Technician II at shopper@ocoee.org AND Olena Stokych, Purchasing Analyst ostokych@ocoee.org OR sent through the questions and answer section of the project file on Bonfire. No pre-proposal conference is scheduled at this time. Prospective respondents may secure a copy of the documents required for submitting a proposal at no charge through Bonfire by accessing the City’s published solicitation page at https://ocoee.bonfirehub.com. For more information, visit https://www.ocoee.org/3

23/Purchasing. Prospective respondents will be provided with all information regarding this RFP, addenda, and changes to the project requirements through the Bonfire platform. Melanie Sibbitt, City

Clerk, Orlando Sentinel, October 26, 2025.

https://www.ocoee.org/959/Public-Bid-Meetings mailto:shopper@ocoee.org mailto:ostokych@ocoee.org https://ocoee.bonfirehub.com/ https://www.ocoee.org/323/Purchasing https://www.ocoee.org/323/Purchasing

RFP #26-002 Special Magistrate Services 4

CITY OF OCOEE

REQUEST FOR PROPOSALS (RFP) #26-002

A. INTRODUCTION AND GENERAL INSTRUCTIONS

1. The City of Ocoee, Florida (City) is soliciting sealed proposals from qualified attorneys

(Respondent, Firm) interested in providing Special Magistrate Services for the City of Ocoee.

Respondent shall be duly licensed to practice law in the state of Florida and a member in good standing of the Florida Bar.

2. The City intends to award a single contract to one (1) respondent deemed to be the most highly qualified to perform the required services. In determining whether a firm is qualified, the City shall consider the Evaluation Criteria set forth in this RFP. Proposals will be reviewed by an evaluation committee appointed by the City Manager for this RFP and will be ranked in accordance with the established evaluation criteria. Date, time, and location of any scheduled evaluation committee meeting(s) for this RFP will be noticed publicly and on

Bonfire. The evaluation committee shall supply a ranked list of the proposing firms and a recommendation regarding which firm should be awarded the term contract by the City

Commission. The City Commission’s decision to endorse or modify the ranking by staff shall be final. Please be aware that all City Commission meetings are duly noticed public meetings and that all documents submitted to the city as a part of a proposal constitute public records under Florida law.

3. The City is ONLY accepting electronic solicitation responses online through the City’s Euna

Procurement/Bonfire platform at https://ocoee.bonfirehub.com. This link can also be accessed through the City’s website at https://www.ocoee.org/323/Purchasing under the

Current Open Solicitations menu. All Proposals for this RFP MUST be submitted electronically through the Bonfire Platform. Proposals received in any other format will not be accepted; no paper, fax, or e-mailed submissions will be accepted. There is no charge for prospective respondents to use the Bonfire e-procurement platform. The Bonfire platform’s minimum system requirements: Microsoft Edge, Google Chrome, Safari, or Mozilla Firefox.

JavaScript and browser cookies must be enabled.

Registration with Bonfire is free and is required prior to submitting a proposal. It is suggested that prospective respondents register no later than 24 hours in advance of the submission deadline to ensure proper registration. For assistance with registering, contact the Bonfire

Support Desk by emailing support@gobonfire.com. Support by email is provided Monday to

Friday from 8:00 a.m. – 8:00 p.m. EST/EDT.

Upon completing the registration with Bonfire, bidders will be able to submit a bid securely, any time before the bid submission deadline, at https://ocoee.bonfirehub.com by clicking

“PREPARE YOUR SUBMISSION” under the solicitation. An instructional video is provided for an overview of the submission process. Once the bid has been submitted, the

Bidder will receive a date/time stamp confirmation within the Bonfire platform and an email confirmation of the bid submission. Bids submitted on the Bonfire platform will remain locked and inaccessible by City staff until the bid deadline. Bidders are encouraged to allow ample time to upload and submit their Bid as the system will automatically lock upon the bid submission deadline. The actual contract award will be made by the Ocoee City Commission https://ocoee.bonfirehub.com/ https://www.ocoee.org/323/Purchasing mailto:support@gobonfire.com https://ocoee.bonfirehub.com/

RFP #26-002 Special Magistrate Services 5 at a later date. Please be aware that all City Commission meetings are duly noticed public meetings and documents submitted to the City as a part of a bid constitute public records under Florida law.

File Uploads – Submission materials should be prepared in the file formats listed under

Requested Information for this opportunity in the Bonfire Platform. The maximum upload file size is 1000 MB. Documents should not be embedded within uploaded files, as the embedded files will not be accessible or evaluated. All electronic files uploaded must be in a common format accessible by software programs the City uses. Those common formats are generally described as Microsoft Word (.doc or .docx), Microsoft Excel (.xls or .xlsx), Microsoft Power Point (.ppt or pptx), or Adobe Portable Document Format

(.pdf). Respondents will not secure, password protect or lock uploaded files; the City must be able to open and view the contents of the file. Respondents will not disable or restrict the ability of the City to print the contents of an uploaded file. Scanned documents or images must be of sufficient quality, no less than 150 dpi, to allow for reading or interpreting the words, drawings, images or sketches. The City may disqualify any Submittal Response that does not meet the criteria stated in this paragraph.

4. Deadline for Receipt of Questions: The City will receive questions regarding this RFP only through written inquires directed to Shannon Hopper, CPPB, Purchasing Technician II at shopper@ocoee.org AND Olena Stokych, Purchasing Analyst ostokych@ocoee.org OR through the questions and answer section of the project file on Bonfire until November 11, 2025, 2:00 p.m., local time. Any clarifications/changes will be made by way of written addenda only, issued by Purchasing and posted on Bonfire. Respondents should not contact

City staff (with the exception of the Purchasing Technician), City Commission, or other City consultants for information regarding this RFP before the proposal award date. Any contact with any other member of City Staff, City Commission, or its agents during the solicitation, award, and protest period may be grounds for disqualification.

5. Pre-Proposal Conference: None scheduled at this time.

6. Proposal Submission Deadline: Proposals will ONLY be accepted electronically through the Euna Procurement/Bonfire Platform until 2:00 p.m., local time, on November 18, 2025, and a virtual public bid opening will be held at approximately 2:01 pm. or as soon thereafter.

The name of the responding firms/individuals will be read aloud at that time. Respondents shall submit one (1) complete electronic copy, preferably in a single file, of their Proposal on

Bonfire. Proposals must be received by Bonfire no later than the proposal submission deadline above. It shall be the sole responsibility of the Respondent to have its Proposal uploaded and submitted on the Bonfire Platform prior to the due date and time. Any attempt to submit a Proposal after the submission deadline will not be accepted under any circumstances. Any uncertainty regarding the time a Proposal is received will be resolved against the Respondent.

Once available, the meeting link and details on how to access the virtual bid opening will be posted in the project file on Bonfire and also made available on the City’s website at https://www.ocoee.org/959/Public-Bid-Meetings.

mailto:ostokych@ocoee.org https://www.ocoee.org/959/Public-Bid-Meetings

RFP #26-002 Special Magistrate Services 6

7. All Respondents shall thoroughly examine and become familiar with this RFP package and carefully note the items specifically required for submission of a complete proposal.

8. Submission of a proposal shall constitute an acknowledgment that the Respondent has complied with the instructions of this RFP. The failure or neglect of a Proposer to receive or examine a document shall in no way relieve it from any obligations under its proposal or the contract. No claim for additional compensation will be allowed based upon a lack of knowledge or understanding of any of the contract documents or the scope of services.

Proposals shall be in compliance with the contract documents and scope of services. All costs to prepare and submit a Proposal in response to this RFP shall be the responsibility of

Respondent; the City shall make no reimbursement of any kind.

9. Any response by the City to a request by a prospective respondent for clarification or correction will be made in the Bonfire project file or in the form of a written addendum which will be distributed via Bonfire. It shall be the responsibility of each Respondent to obtain a copy of all the addenda issued. The City reserves the right to issue addenda concerning the date and time when proposal acceptance shall close at any time up to the date and time set for proposal closing. In case any Respondent fails to acknowledge receipt of any such addendum, its proposal will nevertheless be construed as though the addendum had been received and acknowledged. Submission of a proposal will constitute acknowledgment of the receipt of the RFP Documents and all addenda. Only interpretations or corrections provided by written addenda shall be binding on the City. Respondents are cautioned that any other source by which a Respondent receives information concerning, explaining, or interpreting the RFP Documents shall not bind the City.

10. Any of the following causes may be considered sufficient for the disqualification of a

Respondent and rejection of its Proposal:

• Submission of more than one (1) proposal for the same work by an individual, firm, partnership, or corporation under the same or different name. For purposes of this subparagraph, firms, partnerships, or corporations under common control may be considered to be the same entity;

• Evidence of collusion between or among the Proposers;

• Being in arrears on any existing contracts with the City or in litigation with the City, or having defaulted on a previous contract with the City;

• Poor, defective, or otherwise unsatisfactory performance of work for the City or any other party on prior projects that, in the City’s judgment and sole discretion, raises doubts as to the Proposer’s ability to properly perform the services;

• Failure to comply with state licensing requirements; or

• Any other cause that, in the City’s judgment and sole discretion, is sufficient to justify disqualification of Proposer or the rejection of its Proposal.

11. CONVICTED VENDOR LIST (PUBLIC ENTITY CRIME): A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a proposal on an award to provide any goods or services to a public entity, may not submit a proposal on an award with a public entity for the construction or repair of a public building or public work, may not submit proposals on leases of real property to a public entity, may not be awarded or perform work as a Contractor, Supplier, Subcontractor, RFP #26-002 Special Magistrate Services 7 or Consultant under an award with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in section 287.017 for Category Two for a period of 36 months from the date of being placed on the convicted vendor list. [See

Florida Statute 287.133 (2) (a).]

12. FLORIDA PUBLIC RECORDS LAW: In accordance with Chapter 119 of the Florida

Statutes, and, except as may be provided by Chapter 119 of the Florida Statutes and other applicable State and Federal Laws, all Respondents should be aware that the proposal and the responses thereto are in the public domain and are available for public inspection.

Respondents are requested, however, to identify specifically any information contained in their proposal that they consider confidential and/or proprietary and which they believe to be exempt from disclosure, citing specifically the applicable exempting law. All proposals received in response to this request for proposals become the property of the City of Ocoee and will not be returned. In the event of an award, all documentation produced as part of the contract will become the exclusive property of the City.

13. PUBLIC RECORDS COMPLIANCE:

The City of Ocoee (the “City”) is a public agency subject to Chapter 119, Florida Statutes.

Contractor agrees to comply with Florida’s Public Records Law. Specifically, Contractor shall:

1. Keep and maintain public records required by City to perform the service.

2. Upon request from City’s custodian of public records, provide City with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in chapter 119, Florida Statutes, or as otherwise provided by law.

3. Ensure that public records that are exempt or confidential and exempt from the public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if Contractor does not transfer the records to City.

4. Upon completion of the contract, Contractor agrees to transfer at no cost to City all public records in possession of Contractor or keep and maintain public records required by City to perform the service. If Contractor transfers all public record to City upon completion of the contract, Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If Contractor keeps and maintains public records upon completion of the contract, Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to City, upon request from City’s custodian of public records, in a format that is compatible with the information technology systems of City.

5. A Contractor who fails to provide the public records to City within a reasonable time may be subject to penalties under section 119.10, Florida Statutes.

IF THE CONTRACTOR HAS QUESTIONS REGARDING THE

APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE

CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS

RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF

PUBLIC RECORDS AT 407-905-3105, ccdl@ocoee.org, WITH AN mailto:ccdl@ocoee.org

RFP #26-002 Special Magistrate Services 8

OFFICE LOCATED AT 1 NORTH BLUFORD AVENUE, OCOEE,

FLORIDA 34761.

14. Except as otherwise provided, the successful Proposer agrees to indemnify the City and its officers, agents, and employees against liability, including costs and expenses, for infringement upon any letters patent of the United States arising out of the performance of this contract.

Further, the Proposer shall fully indemnify, defend, and hold harmless the City and its officers, agents, and employees from any suits, actions, damages, and costs of every name and description, including attorneys’ fees, arising from or relating to violation or infringement of a trademark, copyright, patent, trade secret, unpatented invention, or intellectual property right. If the Proposer uses any design, device, or materials covered by letters, patent, or copyright, it is mutually agreed and understood without exception that the proposal price shall include all royalties or cost arising from the use of such design, device, or materials.

15. PROHIBITION AGAINST CONSIDERING SOCIAL, POLITICAL OR

IDEOLOGICAL INTERESTS IN GOVERNMENT CONTRACTING: Bidders are hereby notified of the provisions of section 287.05701, Florida Statutes, as amended, that the

City will not request documentation of or consider a Bidder's social, political, or ideological interests when determining if the Bidder is a responsible Bidder. Bidders are further notified that the City's governing body may not give preference to a Bidder based on the Bidder's social, political, or ideological interests.

16. ACCEPTANCE AND AWARD:

The City reserves the right to accept or reject any or all proposals, to waive formalities, technicalities or irregularities, to request clarification of information submitted in any proposal, or to re-advertise for new proposals. The City may accept any item or group of items of any proposal, unless the Proposer qualifies its proposal by specific limitations. The

City may accept one or more proposals if, in the City’s discretion, the City determines that it is in the City’s best interest to do so.

The City reserves the right to award the contract to the Proposer which, in the City’s sole discretion, is the most responsive and responsible Proposer. The City reserves the right, as an aid in determining which proposal is responsible, to require a Proposer to submit such additional evidence of Proposer’s qualifications as the City may deem necessary, and may consider any evidence available to the City regarding the financial, technical, and other qualifications and abilities of a Proposer, including past performance (experience) with others. The City Commission shall be the final authority in the selection of any and all proposals for acceptance and award.

RFP #26-002 Special Magistrate Services 9

17. BID PROTESTS

All bid protests shall be submitted to the purchasing agent (Shannon Hopper, CPPB at shopper@ocoee.org with a copy to the Joyce Tolbert, CPPB, NIGP-CPP, Procurement

Manager at jtolbert@ocoee.org) in the following manner:

A. A bidder shall file a written bid protest under this Article or be barred any relief; oral protests shall not be acknowledged.

B. A bid protest shall be limited to the following grounds:

(1) Issues arising from the procurement provisions of the RFP, its addenda, and other bidding documents; and/or

(2) Applicable federal, state, or local law. No bid protest may be based upon questions concerning the design documents (drawings and specifications), if any. The Respondent shall clarify all questions concerning the design documents of the project prior to submitting its bid.

C. The content of the bid protest shall fully state the factual and legal grounds for the protest and the legal basis for the relief requested.

D. The bid protest shall be filed with the purchasing agent not later than five (5) calendar days after the posting of the notice of intent to award or recommendation of award by staff, whichever is earlier.

E. The purchasing agent, on behalf of the City, shall make a determination of the merits of the protest not later than five (5) business days after receipt of the protest. If the

City denies the protest, the City may proceed with award of the contract unless enjoined by order of a court of competent jurisdiction.

18. DRUG-FREE WORKPLACE

Provide a statement concerning the Proposer’s status as a Drug-Free Work Place or evidence of an implemented drug-free workplace program. Submit the attached form with proposal.

19. CERTIFICATION OF NON-SEGREGATED FACILITIES

a) Respondent certifies that it does not and will not maintain or provide any segregated facilities for the Respondent’s employees at any of the Respondent’s establishments, and that Respondent does not permit Respondent’s employees to perform their services at any location under the Respondent’s control where segregated facilities are maintained.

Respondent agrees that a breach of this certification will be a violation of the Equal

Opportunity clause in any contract resulting from acceptance of its Proposal. As used in this certification, the term “segregated facilities” means any waiting room, work areas, time clocks, locker rooms, other storage and dressing areas, parking lots, or drinking facilities provided for employees that are segregated on the basis of race, color, religion, national origin, habit, local custom, or otherwise. Respondent agrees that (except where

Respondent has obtained identical certification from proposed contractors for specific time periods) Respondent will obtain identical certifications from proposed subcontractors prior to the award of such contracts exceeding $10,000 that are not exempt from the provisions of the Equal Opportunity clause, and that Respondent will retain such certifications in Respondent’s files.

b) The non-discriminatory guidelines as promulgated in Section 202, Executive Order

11246, and as amended by Executive Order 11375 and as amended, relative to Equal

Opportunity for all persons and implementations of rules and regulations prescribed by the U.S. Secretary of labor, are incorporated herein.

mailto:jtolbert@ocoee.org

RFP #26-002 Special Magistrate Services 10

20. CONFLICT OF INTEREST/NON-COLLUSION CERTIFICATION:

Respondent declares by submission of a Proposal that the only persons, or parties interested in their Proposal are those named herein, that this Proposal is, in all respects, fair and without fraud and that it is made without collusion with any other vendor or official of the City of

Ocoee. Neither the Affiant nor the above-named entity has directly or indirectly entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive pricing in connection with the entity’s submittal for the above project. This statement restricts the discussion of pricing data until the completion of negotiations and execution of the contract for the described services.

Respondent certifies that no City Commissioner, other City Official or City employee directly or indirectly owns assets or capital stock of the bidding entity, nor will directly or indirectly benefit by the profits or emoluments of this Proposal. (For purposes of this paragraph, indirect ownership or benefit does not include ownership or benefit by a spouse or minor child.)

Respondent certifies that no member of the entity’s ownership or management is presently applying for an employee position or actively seeking an elected position with the City. In the event that a conflict of interest is identified in the provision of services, Respondent agrees to immediately notify the City in writing. Submit attached form with Proposal.

Respondent further declares that a careful examination of the scope of services, instructions, and terms and conditions of this RFP has occurred, and that the Proposal is made according to the provisions of the RFP Documents, and will meet or exceed the scope of services, requirements, and standards contained in the RFP Documents.

Respondent agrees to abide by all conditions of the negotiation process. In conducting negotiations with the City, Respondent offers and agrees that if this negotiation is accepted, Respondent will convey, sell, assign, or transfer to the City all rights, title, and interest in and to all causes of action it may now or hereafter acquire under the anti-trust laws of the United

States and the State of Florida for price fixing relating to the particular commodities or services purchased or acquired by the City. At the City’s discretion, such assignment shall be made and become effective at the time the City tenders final payment to the Respondent.

The Proposal constitutes a firm and binding offer by the Respondent to perform the services as stated. Submit attached form with Proposal.

21. PUBLIC ENTITY CRIME STATEMENT:

All invitations to bid, as defined by Section 287.012(16), Florida Statutes, requests for proposals, as defined by Section 287.012(23), Florida Statutes, and any contract document described by Section 287.058, Florida Statutes, shall contain a statement informing persons of the provisions of paragraph (2)(a) of Section 287.133, Florida Statutes, which reads as follows:

“A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit bid, proposal, or reply on a contract with a public entity for the construction or repair of public building or public work; may not submit bids, proposals or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public

RFP #26-002 Special Magistrate Services 11 entity; and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017 for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list.”

All Respondents that submit a Bid or Proposal to the City of Ocoee are guaranteeing they have read the previous statement and by signing the submitted documents are qualified to do so under Section 287.133, (2)(a), Florida Statutes.

22. HUMAN TRAFFICKING

Pursuant to Florida Statute, §787.06(13), when a contract is executed, renewed, or extended between a nongovernmental entity and a governmental entity, the nongovernmental entity must provide the governmental entity with an affidavit signed by an officer or a representative of the nongovernmental entity under penalty of perjury attesting that the nongovernmental entity does not use coercion for labor or services as defined in §787.06(2)(a) Florida Statutes.

Submit attached affidavit with Proposal.

23. FOREIGN COUNTRIES OF CONCERN

Pursuant to Florida Statute 287.138(4)(a), a governmental entity may not accept a bid on, a proposal for, or a reply to, or enter into, a contract with an entity which would grant the entity access to an individual’s personal identifying information unless the entity provides the governmental entity with an affidavit signed by an officer or representative of the entity under penalty of perjury attesting that the entity does not meet any of the criteria in Florida Statute

287.138(2)(a)-(c). Submit attached affidavit with Proposal.

24. E-VERIFY

By entering into this Contract, the awarded Contractor is obligated to comply with the provisions of § 448.095, Fla. Stat., "Employment Eligibility." This includes, but is not limited to utilization of the E-Verify System to verify the work authorization status of all newly hired employees, and requiring all subcontractors to provide an affidavit attesting that the subcontractor does not employ, contract with, or subcontract with, an alien unauthorized to work in the USA. Failure to comply will lead to termination of this contract, or if a subcontractor knowingly violates the statute, the subcontractor must be terminated immediately. If the Contract is terminated pursuant to Section 448.095, Fla. Stat., such termination is not a breach of contract and may not be considered as such. Any challenge to termination under this provision must be filed in the Ninth Judicial Circuit Court of Florida no later than 20 calendar days after the date of termination. If the Contract is terminated for a violation of Section 448.095 Fla. Stat., by the Contractor, the Contractor shall be liable for any additional costs incurred by the City as a result of the termination of the Contract.

Nothing in the E-Verify Certification shall be construed to allow intentional discrimination of any class protected by law.

E-VERIFY REGISTRATION AND USE.

A. Pursuant to section 448.095, Florida Statutes, Contractor shall register with and use the

U.S. Department of Homeland Security's E-Verify system, https://e-verify.uscis.gov/emp, to verify the work authorization status of all Contractor employees hired on and after January 1, 2021.

B. Subcontractors

(i) Contractor shall also require all subcontractors performing work under this

RFP #26-002 Special Magistrate Services 12

Agreement to use the E-Verify system for any employees they may hire during the term of this Agreement.

(ii) Contractor shall obtain from all such subcontractors an affidavit stating the subcontractor does not employ, contract with, or subcontract with an unauthorized alien, as defined in section 448.095, Florida Statutes.

(iii) Contractor shall maintain a copy of all subcontractor affidavits for the duration of the Agreement.

C. Contractor must provide evidence of compliance with section 448.095, Florida Statutes.

Evidence shall consist of an affidavit from the Contractor stating all employees hired on and after January 1, 2021 have had their work authorization status verified through the

E-Verify system and a copy of their proof of registration in the E-Verify system.

D. Failure to comply with this provision is a material breach of the Agreement and shall result in the immediate termination of the Agreement without penalty to the City.

Contractor shall be liable for all costs incurred by the City to secure a replacement

Agreement, including but not limited to, any increased costs for the same services, any costs due to delay, and rebidding costs, if applicable.

Submit attached affidavit with Proposal

25. WORK ASSIGNMENT PROCEDURES

The City shall issue purchase orders under the continuing contract. Invoicing for completed work shall reference the purchase order number, and be submitted to the Police

Department for processing, with a copy to:

Accounts Payable

Finance Department

City of Ocoee

1 N. Bluford Avenue

Ocoee, Florida 34761

(Remainder of page intentionally left blank.)

RFP #26-002 Special Magistrate Services 13

B. STANDARD INSURANCE REQUIREMENTS:

The successful Respondent shall not commence any work in connection with an Agreement until all of the following types of insurance have been obtained and such insurance has been approved by the City, nor shall the Contractor allow any Subcontractor to commence work on a subcontract until all similar insurance required of the subcontractor has been so obtained and approved. Policies other than Workers’

Compensation shall be issued only by companies authorized by subsisting certificates of authority issued to the companies by the Department of Insurance of Florida which maintain a Best’s Rating of “A” or better and a Financial Size Category of “VII” or better according to the A.M. Best Company. Policies for

Workers’ Compensation may be issued by companies authorized as a group self-insurer by Ch. 440, Florida Statutes.

a) Loss Deductible Clause: The City shall be exempt from, and in no way liable for, any sums of money which may represent a deductible in any insurance policy. The payment of such deductible shall be the sole responsibility of the General Contractor and/or subcontractor providing such insurance.

b) Workers’ Compensation Insurance: The Contractor shall obtain during the life of this Agreement, Worker’s Compensation Insurance with Employer’s Liability Limits of $500,000/$500,000/$500,000 for all the Contractor’s employees connected with the work of this project and, in the event any work is sublet, the Contractor shall require the subcontractor similarly to provide Workers’ Compensation

Insurance for all of the latter’s employees unless such employees are covered by the protection afforded by the Contractor. Such insurance shall comply fully with the Florida Workers’

Compensation Law. In case any class of employees engaged in hazardous work under this contract for the City is not protected under the Workers’ Compensation statute, the Contractor shall provide, and cause each subcontractor to provide adequate insurance, satisfactory to the City, for the protection of the Contractor’s employees not otherwise protected.

▪ Include Waiver of Subrogation in favor of the City of Ocoee

c) Contractor’s Public Liability and Property Damage Insurance: The Contractor shall obtain during the life of this Agreement COMMERCIAL AUTOMOBILE COVERAGE, this policy should name the

City of Ocoee as an additional insured, and shall protect the Contractor and the City from claims for damage for personal injury, including accidental death, as well as claims for property damages which may arise from operations under this Agreement whether such operations be by the Contractor or by anyone directly or indirectly employed by the Contractor, and the amounts of such insurance shall be the minimum limits as follows:

1) Automobile Bodily Injury Liability & Property Damage Liability

▪ $1,000,000 Combined single limit per occurrence (each person, each accident)

▪ All covered automobile will be covered via symbol 1

▪ Liability coverage will include hired & non-owned automobile liability

▪ Include Waiver of Subrogation in favor of The City of Ocoee

2) Comprehensive General Liability (Occurrence Form) - this policy should name the City of Ocoee as an additional insured and should indicate that the insurance of the Contractor is primary and non-contributory.

▪ $2,000,000 GENERAL AGGREGATE

▪ $1,000,000 PER OCCURRENCE

▪ $1,000,000 PERSONAL & ADVERTISING INJURY

▪ Include Waiver of Subrogation in favor of the City of Ocoee

3) Subcontractor’s Comprehensive General Liability, Automobile Liability and Worker’s

Compensation Insurance: The Contractor shall require each subcontractor to procure and maintain during the life of this subcontract, insurance of the type specified above or insure the activities of these subcontractors in the Contractor’s policy, as specified above.

4) Owner’s Protective Liability Insurance: As applicable for construction projects, providing coverage for the named insured’s liability that arises out of operations performed for the named

RFP #26-002 Special Magistrate Services 14 insured by independent contractors and are directly imposed because of the named insured’s general supervision of the independent contractor. The Contractor shall procure and furnish an

Owner’s Protective Liability Insurance Policy with the following limits: $1,000,000, and per occurrence, $2,000,000. Aggregate and naming the City of Ocoee as the Named Insured.

5) Contractual Liability: If the project is not bonded, the Contractor’s insurance shall also include contractual liability coverage to insure the fulfillment of the contract. NOTE: FOR PUBLIC

LIABILITY INSURANCE AND AUTOMOBILE LIABILITY INSURANCE, THE CITY

SHALL BE NAMED AS ADDITIONAL INSURED.

▪ $1,000,000 PER OCCURRENCE

▪ $2,000,000 AGGREGATE

6) Commercial Umbrella:

▪ $1,000,000 PER OCCURRENCE

▪ $2,000,000 Aggregate

▪ Including Employer’s Liability and Contractual Liability

7) Builders Risk: (Not applicable)

▪ $100,000 Any (1) Location

▪ $1,000,000 Any (1) Occurrence

8) Certificates of Insurance: Certificate of Insurance Form (see sample on next page), naming the

City of Ocoee as an additional insured will be furnished by the Contractor upon notice of award.

These shall be completed by the authorized Resident Agent and returned to the Office of the

Purchasing Agent. This certificate shall be dated and show:

i) The name of the Insured contractor, the name of the insurer, the number of the policy, its effective date, its termination date.

ii) Statement that the Insurer shall mail notice to the Owner at least thirty (30) days prior to any material changes in provisions or cancellation of the policy, except ten (10) days written notice of cancellation for non-payment of premium.

(Remainder of page intentionally left blank.)

RFP #26-002 Special Magistrate Services 15

RFP #26-002 Special Magistrate Services 16

C. SCOPE OF SERVICES

The Special Magistrate agrees to personally perform the duties of the violations hearing special magistrate to hear notices of violations of the City Code, as outlined in the Code. The Special

Magistrate shall also hear matters relating to red light cameras violations, school zone speed enforcement cameras, Code Enforcement violations, and all other matters assigned, unless a conflict of interest exists. Special Magistrate shall prepare and file with the City Manager or designee a written order stating findings and the amount of fine, if applicable. Special Magistrate shall not delegate or assign its rights or obligations hereunder in whole or in part.

The City shall provide an appropriate location to conduct the proceedings. The City shall also provide staff to operate a recording device, schedule hearings, and perform the administrative tasks related to the hearings. All office and overhead expenses not provided by the City including, but not limited to, travel, shall be borne by the Special Magistrate.

Special Magistrate may perform legal work for other clients in his/her private practice so long as it does not conflict with Special Magistrate’s obligations under this Agreement. Special

Magistrate shall promptly notify the City of any conflicts or other reason which Special

Magistrate feels would make it inappropriate for him/her to decide a case.

D. SUBMITTALS

Submissions should be limited to a total of forty (40) 8.5” x 11” pages, 12-point font, if possible.

The page limit applies to the material contained in Sections 1, 2, and 3 of the proposal, as described below. The person signing the proposal on behalf of the Respondent shall have the legal authority to bind the Respondent to the submitted proposal.

Proposals submitted in response to this RFP should be designed to portray to the City how

Respondent’s services can best match the knowledge, skills, and abilities suggested by the anticipated Scope of Services above. In order for the City to evaluate each Proposal, Respondents should provide information related to their ability to provide the services that will best meet the needs of the City. The submission materials include the following:

Section 1: Qualifications

• The name, resume and Florida Bar number of the Respondent with a statement that the

Respondent is in good standing with the Florida Bar.

• A description of relevant experience and expertise in the area of traffic law and knowledge and/or experience with Florida Red Light Standards and Technology, Florida school zone speed enforcement cameras, the provisions of Section 316.0083, and 316.1896 Florida Statutes, and Ocoee City Code Chapter 168, Article III.

• A description of relevant experience and expertise in the area of Code Enforcement

Violations, the provisions of Chapter 162, Florida Statutes and Ocoee City Code

Chapter 7.

• A statement related to the experience of the Respondent as a member of the judiciary or as a Special Magistrate.

• A statement describing the ability to provide prompt, quality legal services.

RFP #26-002 Special Magistrate Services 17

• A statement disclosing any current, pending or potential disciplinary action or malpractice claims or other like proceeding against the firm. List any partner or associate of the firm that is involved in such action or claim.

• Without breaching client confidentiality, a statement indicating whether any clients are currently involved or anticipating being involved in judicial or administrative litigation with the City (or its officers or employees) and whether any firm clients have filed in the past twelve months or anticipate filing in the next twelve months any form of regulatory application with the City.

• Without breaching client confidentiality, a description of any existing, potential or probable conflicts of interest which exist, or which may arise for the firm during the term of the contract.

Section 2: References

• List of at least three (3) client references with other public or private agencies and include a description of the work performed, contract dates, the awarding agency’s name, the point of contact, telephone number(s), and e-mail address.

Section 3: Schedule and Availability

• Provide confirmation that Respondent is available to serve as the Special Magistrate one to two days per month and that the Respondent acknowledges that travel time to and from the City is not reimbursable.

• Location of office and approximate distance (in miles) and time (in hours) to Ocoee

City Hall.

Section 4 – Price Proposal (Exhibit A)

• Exhibit A (Any proposal submitted without a price proposal will be deemed non-responsive.)

Section 5: Forms and Other Documentation (not included against page count)

• Summary of Litigation, Acknowledgement of Addenda, Exceptions to Scope or Contract

• Forms listed on Table of Contents as to be submitted with your proposal.

E. TIME SCHEDULE

The anticipated schedule of events related to this solicitation is:

Date of RFP Request for Proposals published

16 days later Last day for questions

23 days later Statements of qualification are due

30 days later Proposals distributed to evaluation committee

39 days later Evaluation committee meeting held

Commission meeting date TBD Recommendation of Award to City Commission

Dates are estimated and are subject to change at the City’s discretion.

RFP #26-002 Special Magistrate Services 18

F. SELECTION PROCESS

A City evaluation committee will review and evaluate each Respondent’s submittal and will short-list and recommend to the City Commission one (1) firm to perform the required services.

The City reserves the right, before awarding the contract, to require a Respondent to submit such evidence of its qualifications, as the City may deem necessary and/or may require oral presentations or interviews of firms. The City Commission shall be the sole judge of the competency of Respondents.

All Respondents shall be notified via Bonfire or other means of staff’s recommended ranking of firms to the City Commission. The City Commission’s decision to endorse or modify the ranking by staff shall be final. The successful Respondent shall be required to execute an agreement which provides, among other things, that any plans, drawings, reports, and specifications that result from Respondent’s services shall become the property of the City. Upon the successful negotiation of an agreement, a formal contract will be prepared and subsequently executed by both parties.

G. EVALUATION CRITERIA

The criteria for making an aware recommendation are as follows:

EVALUATION CRITERIA

MAXIMUM

POINTS

1. Experience and References of Respondent

Professional qualifications

2. Availability to meet schedule and availability requirements

Current work schedule and availability of Respondent

3. Respondent’s understanding of the requested services

Quality of submittal 30

4. Price Proposal 10

TOTAL POSSIBLE POINTS 100

Information supplied by client references may be used in determining the relative mertits of a respondent under any and all of the above criteria.

RFP #26-002 Special Magistrate Services 19

EXHIBIT A

RFP 26-002 SPECIAL MAGISTRATE SERVICES

PRICE PROPOSAL FORM

Respondents must complete and submit this Price Proposal Form as part of the proposal package.

SERVICE DESCRIPTION HOURLY RATE

Special Magistrate Services per RFP 26-002 Scope of Services $ /hour

Respondent: ____________________________

Authorized Signature:

Printed Name: ____________________________

Date:

RFP #26-002 Special Magistrate Services 20

SUMMARY OF LITIGATION:

Provide a summary of any litigation, claim(s), proposal disputes, or contract dispute(s) filed by or against the Respondent in the past five (5) years that is related to the services that the Respondent provides in the regular course of business. The summary shall state the nature of the litigation, claim, or contact dispute, a brief description of the case, the outcome or projected outcome, and the monetary amounts involved. If none, please so state.

(Attach additional sheets, if necessary)

ACKNOWLEDGMENT OF ADDENDA:

Respondent acknowledges receipt of the following addenda:

No._____________ Dated _____________________

EXCEPTIONS:

Does Respondent have any Exceptions to the Scope of Work or terms of the Contract Documents? Yes _____ No ______

List any exceptions Respondent has to this scope of work or contract terms. Exceptions will not be considered after the bid has been awarded. The City reserves the right to accept or reject any requested exceptions. If Respondent leaves this question blank, Respondent agrees it has no exceptions.

RFP #26-002 Special Magistrate Services 21

COMPANY INFORMATION/SIGNATURE SHEET

FAILURE TO COMPLY WITH THE RFP INSTRUCTIONS MAY RESULT IN

DISQUALIFICATION OF YOUR PROPOSAL. SIGN BELOW ATTESTING YOU HAVE READ

AND UNDERSTAND ALL RFP INSTRUCTIONS. THE PERSON SIGNING THIS FORM

SHOULD HAVE THE LEGAL AUTHORITY TO BIND THE COMPANY IN A LEGAL

CONTRACT.

COMPANY NAME TELEPHONE (INCLUDE AREA CODE)

E-MAIL ADDRESS

_________________________________ IF REMITTANCE ADDRESS IS DIFFERENT

AUTHORIZED SIGNATURE (manual) FROM PURCHASE ORDER ADDRESS, PLEASE INDICATE BELOW:

NAME/TITLE (PLEASE PRINT) ___________________________________

STREET ADDRESS

CITY STATE ZIP

FEDERAL ID #___________________

_____Individual _____Corporation _____Partnership _____Other (Specify)______________

STATE OF

COUNTY OF

Sworn to and subscribed before me by means of ☐ physical presence or ☐ online notarization this ________day of ____________________, 20____.

Personally Known___________ or Produced Identification_________ (Type of Identification)

Signature of Notary Public

Printed, Typed or Stamped Commissioned

Name of Notary Public

RFP #26-002 Special Magistrate Services 22

DRUG-FREE WORKPLACE CERTIFICATION

The undersigned Bidder, in accordance with Florida Statute 287.087, hereby certifies that it has a drug-free workplace program. In order to have a drug-free workplace program, a business shall:

1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition.

2. Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, and available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations.

3. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1).

4. In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or pleas of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction.

5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program is such is available in the employee's community, by any employee who is so convicted.

6. Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section.

As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements.

Bidder:

Signature

By:

(Print or Type Name)

Title:

RFP #26-002 Special Magistrate Services 23

CONFLICT OF INTEREST DISCLOSURE FORM

Award of this contract is subject to the provisions of Chapter 112, Florida Statutes, and all applicable federal, state, and local laws. All Bidders must disclose within their bid: the name of any City of Ocoee employee, Mayor or City Commissioner, other City Official, or City Consultants, who owns assets or capital stock, directly or indirectly, in the Bidder’s firm or any of its branches, or would directly or indirectly benefit by the profits or emoluments of this Bid. (Indirect ownership or benefit applies to any members of his or her immediate family.) Bidder certifies that no member of the entity’s ownership or management is presently applying for an employee position or actively seeking an elected position with the City. In the event that a conflict of interest is identified in the provision of services, Bidder agrees to immediately notify the City in writing.

The purpose of this disclosure form is to give the City the information needed to identify potential conflicts of interest for the City Commission, Staff, and other key City employees and consultants involved in the award and administration of this contract.

Acco…