(Template Version 1)

COLLIER COUNTY

BOARD OF COUNTY COMMISSIONERS

REQUEST FOR PROPOSALS (RFP)

FOR

ADD’L SPECIAL MAGISTRATE SERVICES

CODE ENFORCEMENT DIVISION

SOLICITATION NO.: 26-8692

VALESKA ESCOBAR, PROCUREMENT STRATEGIST III

PROCUREMENT SERVICES DIVISION

3295 TAMIAMI TRAIL EAST, BLDG C-2

NAPLES, FLORIDA 34112

TELEPHONE: (239) 252-2220

Valeska.Escobar@collier.gov

SOLICITATION PUBLIC NOTICE

REQUEST FOR PROPOSALS

(RFP) NUMBER:

26-8692

PROJECT TITLE: ADD’L SPECIAL MAGISTRATE SERVICE - CODE

ENFORCEMENT

PRE-PROPOSAL

CONFERENCE:

OCTOBER 6, 2026, AT 9:00 AM (EST)

LOCATION: PROCUREMENT SERVICES DIVISION, CONFERENCE ROOM A,

3295 TAMIAMI TRAIL EAST, BLDG C-2, NAPLES, FLORIDA 34112

DUE DATE: OCTOBER 29, 2026, AT 3:00PM EST

PLACE OF RFP OPENING: PROCUREMENT SERVICES DIVISION

3295 TAMIAMI TRAIL EAST, BLDG C-2

NAPLES, FL 34112

All proposals shall be submitted online via the Collier County Procurement Services Division Online Bidding System: https://procurement.opengov.com/portal/collier-county-fl.

INTRODUCTION

As requested by the Collier County Code Enforcement Division (hereinafter, the “Division or Department”), the Collier County Board of County Commissioners Procurement Services Division (hereinafter, “County”) has issued this Request for Proposals (hereinafter, “RFP”) with the intent of obtaining proposals from interested and qualified Proposers in accordance with the terms, conditions and specifications stated herein, in the Solicitation and/or attachments. The Proposers, at a minimum, must achieve the requirements of the Specifications, Scope of Services, or Scope of Work stated herein. All references to “Proposer” are also referred to as “Consultant,” “Firm,” “Offeror,” “Contractor,” and “Vendor.”

BACKGROUND

The Collier County Code Enforcement Division (the “Division”) is responsible for administering and enforcing applicable County codes and ordinances in support of the health, safety, and welfare of the community. Code enforcement matters that require formal adjudication may be presented before a Special Magistrate in accordance with applicable Florida law and County ordinances.

The Division currently utilizes Special Magistrate services to conduct quasi-judicial hearings involving alleged violations of County codes and ordinances. The Special Magistrate hears and considers testimony and evidence, makes findings of fact, issues orders, and may impose administrative fines, costs, liens, and other noncriminal penalties authorized by law. These proceedings are intended to provide an equitable, expeditious, effective, and efficient means of enforcing applicable County codes and ordinances.

Due to expanded service initiatives and the resulting increase in matters requiring timely review and adjudication, the Division has identified the need for an additional Special Magistrate. The additional Special Magistrate will supplement existing Special Magistrate services, assist the Division in addressing its current case backlog, and provide additional capacity for the timely assignment and disposition of future cases.

Through this solicitation, the County seeks proposals from qualified individuals possessing the legal knowledge, professional experience, independence, and availability necessary to perform Special Magistrate services in accordance with Chapter 162, Florida Statutes; Collier County Ordinance No. 2010-04, as amended; and other applicable laws, ordinances, regulations, and County requirements.

AWARD AND TERM OF AGREEMENT

Collier County reserves the right to select one, or more than one Proposers for award as deemed the best value to the County; however, it is the intent to:

• Appointing One Special Magistrate Service https://procurement.opengov.com/portal/collier-county-fl

The term of agreement is intended to be for a two (2) year term with two-year renewal terms. This agreement will run concurrently with the current agreement which will expire on May 15, 2028. Please refer to Section 2. Appointment and Term, for additional information.

Prices shall remain firm for the initial term of the awarded Agreement.

DETAILED SCOPE OF WORK

The Collier County Board of County Commissioners ("Board" or "Commission") seeks to obtain the professional services of a qualified individual to serve as an additional Special Magistrate for the Collier County Code Enforcement Division ("Division").

The Special Magistrate shall conduct quasi-judicial hearings and perform related duties necessary for the fair, impartial, timely, payment dispute resolution and efficient enforcement of applicable Collier County codes and ordinances. The Special Magistrate shall hear and decide cases, impose administrative fines and other noncriminal penalties when authorized, and perform duties associated with the Code Enforcement Citation process and other matters within the Special Magistrate's jurisdiction.

Services shall be performed in accordance with Chapter 162, Florida Statutes; Collier County Ordinance No. 2010- 04, as amended; other applicable County ordinances and resolutions; and all applicable Local, State, and Federal laws, rules, regulations, ethical requirements, and procedures.

The Special Magistrate shall exercise independent judgment and remain impartial in all matters presented for consideration. Nothing in the resulting Agreement shall be construed as permitting the County, its employees, or any other person to direct or influence the Special Magistrate's adjudicatory decisions.

The Special Magistrate may adopt rules and procedures necessary for the conduct of hearings, provided such rules and procedures are consistent with applicable law and County requirements.

The County will provide administrative support for Special Magistrate activities and will provide an appropriate County facility for conducting scheduled hearings.

The Special Magistrate shall coordinate scheduling, case assignments, administrative matters, and required deliverables with the County's designated representative while maintaining the independence and impartiality required of the position.

In addition to Special Magistrate services, the selected Consultant shall provide Hearing Examiner services for vendor payment dispute resolution in accordance with Collier County Ordinance No. 2016-19, as amended, the Collier County Prompt Payment Procedure, and other applicable County requirements.

Hearing Examiner services shall include the review, consideration, and resolution of vendor payment disputes properly referred to by the Consultant by the County. The Consultant shall perform such services in an independent and impartial manner and shall issue findings, determinations, orders, or other documentation as required by applicable County procedures.

Section 1. Qualifications and Requirements A. General Qualifications The Proposer shall demonstrate the professional qualifications, education, experience, knowledge, and ability necessary to perform the services required by this solicitation.

The proposed Special Magistrate shall:

1. Provide evidence of graduation from a law school accredited by the American Bar Association.

2. Be an attorney in good standing with The Florida Bar.

3. Possess a minimum of five (5) years of professional legal experience and practice.

4. Be either:

o a certified mediator under the applicable rules of the Florida Supreme Court.

o an arbitrator qualified by a recognized arbitration association; or o a former judge.

5. Hold, or possess the credentials necessary to obtain, a commission as a Notary Public in the State of Florida.

6. Meet any additional qualifications established by resolution or other action of the Board of County Commissioners.

The selected proposer must have knowledge of and compliance with all relative local, state, and federal codes and regulations. In addition, ability to provide affidavits of no conflict of interest or to provide services separate from private sector clients shall be required.

B. Required Knowledge The Special Magistrate shall demonstrate knowledge and familiarity, as applicable to the services performed, with:

• Administrative Law.

• Land Use Law.

• Animal Control Law.

• Local Government Law.

• County ordinances, regulations, policies, and procedures.

• Florida Government-in-the-Sunshine Law.

• Florida Public Records Law.

• Governmental ethics requirements.

• Ex Parte communication requirements.

• Applicable provisions of the Florida Code of Judicial Conduct.

• Growth Management.

• Real Estate Law.

• Building Codes; and

• Public Utility Water Systems.

C. Compliance The Special Magistrate shall comply with all applicable Local, State, and Federal laws, codes, ordinances, rules, regulations, ethical requirements, and procedures applicable to the performance of the services.

D. Independence and Conflicts The Proposer shall disclose any existing professional, financial, business, attorney-client, or other relationship that may create an actual or potential conflict of interest affecting the performance of services for the County.

The selected Special Magistrate shall remain free from interests that conflict with the impartial performance of the services required under the resulting Agreement.

Section 2. Appointment and Term A. Appointment Upon recommendation of the Special Magistrate Review Board, any Special Magistrate may be appointed/ reappointed at the discretion of the Commission. There shall be no limit on the number of reappointments that may be given to any Special Magistrate; provided a determination for removal or reappointment is made for each individual Special Magistrate at the end of each two-year term. The Commission shall have authority to remove a Special Magistrate with or without cause upon ten days written notice.

The Special Magistrate Review Board is comprised of two members of the Code Enforcement Department; one member from the Office of the Collier County Attorney; and two sitting members of the Code Enforcement Board.

The duty of the Review Board shall be to recommend appointment for the Special Magistrate(s) and review, on an annual basis, the performance of the Special Magistrate(s).

B. Initial Term The intended initial term of the resulting Agreement shall be two (2) years.

Appointment as Special Magistrate and the contractual term of the resulting Agreement are separate actions and shall be administered in accordance with applicable County requirements.

C. Renewal Options The County, at its sole discretion, shall have the option to renew the resulting Agreement. Any renewal shall be subject to the terms and conditions of the Agreement and applicable County requirements.

D. Reappointment A Special Magistrate may be considered for reappointment at the discretion of the Special Magistrate Review Board, subject to applicable County requirements and the terms of the resulting Agreement.

E. Removal The Board of County Commissioners retains authority to remove a Special Magistrate, with or without cause, upon ten (10) days' written notice, as provided in the current solicitation requirements. If a Special Magistrate resigns or is removed before expiration of the applicable term, the County may proceed with filling the vacancy in accordance with applicable County procedures.

F. Termination The County may terminate the resulting Agreement for cause when the Consultant fails to perform the required services in accordance with the terms and conditions of the Agreement.

Either party may terminate the resulting Agreement for convenience upon thirty (30) days' written notice to the other party.

In the event of termination, compensation shall be limited to services satisfactorily performed and accepted by the County through the effective date of termination, subject to the terms and conditions of the resulting Agreement.

Section 3. Jurisdiction and Authority and Hearing Examiner Services A. Special Magistrate Jurisdiction and Authority The Special Magistrate shall have jurisdiction and authority consistent with Chapter 162, Florida Statutes; Collier County Ordinance 2010-04, as amended, and other applicable laws, ordinances, resolutions, and County requirements.

The Special Magistrate’s responsibilities may include, but are not limited to, the following:

• Adopt rules and procedures necessary for the orderly conduct of hearings, consistent with applicable law.

• The Special Magistrate provides Hearing Examiner services for vendor payment dispute resolution.

• Conduct scheduled quasi-judicial hearings involving alleged violations of applicable County codes and ordinances.

• Hear contested citations and other matters properly brought before the Special Magistrate. Subpoena alleged violators and witnesses to appear at hearings, as authorized by law.

• Subpoena evidence, including records, surveys, plats, photographs, reports, and other documentary evidence, as authorized by law

• Administer oaths and receive testimony and evidence

• Consider testimony, exhibits, records, legal arguments, and other evidence presented during proceedings.

• Make findings of fact and determinations based upon the evidence presented and applicable law.

• Issue written orders having the force and effect provided by applicable law and directing such lawful actions as may be necessary to bring a violation into compliance.

• Assess administrative fines and costs and impose liens when authorized by applicable law.

• Authorize the County Attorney, or designee, to take appropriate action to foreclose a lien or recover a money judgment for unpaid fines and costs when authorized. Perform other duties falling within the lawful jurisdiction and authority of the Special Magistrate.

B. Hearing Examiner Services In addition to the duties performed as Special Magistrate, the Consultant shall serve as Hearing Examiner for vendor payment dispute resolution matters referred by the County in accordance with Collier County Ordinance No. 2016- 19, as amended, the Collier County Prompt Payment Procedure, and other applicable County requirements.

The Consultant shall review matters properly submitted for consideration, conduct proceedings as required, consider information and documentation presented by the parties, and issue findings or determinations in accordance with applicable County requirements.

Section 4. Workload and Scheduling A. Estimated Workload The County's current Special Magistrate generally conducts one (1) to two (2) hearing days per month.

The Special Magistrate selected through this solicitation is anticipated to conduct one (1) to two (2) hearing days per month.

B. Scheduling Hearing dates and times shall be coordinated with the County's designated representative.

The Special Magistrate shall maintain sufficient availability to perform scheduled services and complete required deliverables within the timeframes established by this solicitation and resulting Agreement.

C. Estimated Quantities The number of hearing days, cases, hours, and other quantities stated in this solicitation are estimates provided for informational purposes only. The County does not guarantee any minimum or maximum quantity of work, number of cases, number of hearing days, hours, or compensation under the resulting Agreement.

Section 5. Deliverables and Performance Requirements The Special Magistrate shall be responsible for timely completion of all services and documents resulting from assigned hearings and proceedings.

The Special Magistrate shall:

• Review materials necessary to prepare for assigned hearings.

• Conduct hearings and proceedings assigned by the County.

• Review testimony, evidence, documentation, and other information presented during proceedings.

• Make findings and determinations within the Special Magistrate's lawful authority.

• Prepare and execute written orders, findings of fact, rulings, and other required documents resulting from proceedings.

• Provide signed orders and findings of facts to the County within ten (10) business days following the hearing, whenever practicable. Review materials necessary to prepare for assigned hearings.

• When circumstances or workload prevent completion within ten (10) business days, notify the County's designated representative of the delay.

• Complete all orders and findings of fact no later than thirty (30) calendar days following the applicable hearing, unless otherwise authorized or required by applicable law.

• Correct clerical or administrative errors identified in documents issued by the Special Magistrate, when appropriate and legally permissible.

• Coordinate with designated County administrative personnel regarding the delivery and processing of completed orders and other required documents.

Section 6. County Responsibilities The County will:

• Provide the Special Magistrate with a secretary from the Code Enforcement Division administrative staff, to provide administrative support for Special Magistrate tasks and responsibilities, as designated by the County.

• Provide an appropriate County facility for conducting scheduled hearings.

• Coordinate hearing dates and case assignments with the Special Magistrate.

• Provide or make available case materials and information reasonably necessary for the Special Magistrate to perform assigned duties.

• Coordinate administrative processing of orders and other documents issued by the Special Magistrate.

Section 7. Contract Administration and Coordination The resulting Agreement shall be administered on behalf of the County by the Collier County Code Enforcement Division.

The Special Magistrate shall coordinate administrative and contractual matters with the County's designated Project Manager or designee.

Administrative coordination may include hearing schedules, case assignments, document processing, invoicing, performance requirements, scheduling, and other matters necessary for administration of the resulting Agreement.

Administrative coordination shall not interfere with or compromise the Special Magistrate's independent judgment, impartiality, or adjudicatory authority.

Section 8. Compensation and Invoicing A. Compensation The Consultant shall be compensated at the hourly rate proposed in response to this solicitation and incorporated into the resulting Agreement.

The proposed hourly rate shall include all labor, administrative costs, overhead, profit, travel, preparation time, and other costs necessary to perform the required services, unless a cost is expressly identified by the County as separately reimbursable.

Proposers must provide the requested hourly rate. Failure to provide the requested pricing may result in the proposal being deemed non-responsive. See Evaluation Criteria 4: Cost of Services to the County.

B. Invoicing Payment will be made upon receipt of a proper invoice and approval by the County's designated Project Manager or designee.

Payment shall be made in accordance with the applicable provisions of Chapter 218, Florida Statutes, commonly known as the Local Government Prompt Payment Act, and the terms and conditions of the resulting Agreement.

Invoices shall be submitted within the timeframe established by the resulting Agreement.

Section 9. Conflicts of Interest, Disclosure, and Recusal A. General Requirement The Consultant represents that it presently has no interest and shall acquire no interest, either direct or indirect, that would conflict with the impartial performance of the services required under the resulting Agreement. The Consultant shall not employ or utilize any person who has an interest that would conflict with the performance of the required services.

The Special Magistrate shall perform all services in an independent and impartial manner and shall avoid actual conflicts of interest and circumstances requiring disclosure, disqualification, or recusal under applicable law or ethical requirements.

B. Disclosure The Proposer shall disclose with its proposal any existing financial, professional, business, attorney-client, personal, or other relationship known to the Proposer that may create an actual or potential conflict of interest with the services contemplated by this solicitation.

The selected Special Magistrate shall have a continuing obligation throughout the term of the Agreement to promptly disclose any actual or potential conflict that arises.

C. Matters Presented for Hearing The Special Magistrate shall review assigned matters for conflicts of interest and shall promptly disclose any conflict or circumstance that may require recusal or disqualification.

D. Recusal or Disqualification When the Special Magistrate determines that recusal or disqualification is required, the Special Magistrate shall promptly notify the County's designated representative and shall not participate further in the affected matter except as otherwise permitted or required by applicable law.

The County may reassign the affected matter to another duly appointed Special Magistrate in accordance with applicable County procedures.

E. Private-Sector Representation The Special Magistrate shall ensure that private-sector representation, employment, business relationships, or other professional activities do not interfere with the impartial performance of services for the County or create a prohibited conflict of interest.

F. Continuing Compliance The Special Magistrate shall comply throughout the term of the Agreement with all applicable laws, ethical requirements, disclosure requirements, restrictions concerning ex parte communications, and requirements governing recusal or disqualification.

RESPONSE FORMAT AND EVALUATION GRADING CRITERIA FOR DEVELOPMENT OF

SHORTLIST:

1.1 Proposers are encouraged to review the Request for Proposals Instructions, which includes the evaluation process.

1.2 For the development of a shortlist, the following Evaluation Criteria will be utilized by the County’s Special Magistrate Review Board to score each proposal. Proposals must address all the following criteria:

No. Evaluation Criteria Maximum Points

1 Cover Letter/Management Summary 5 Points

2 Certified Woman and/or Minority Business Enterprise

5 Points

3 Approach To Special Magistrate and Hearing Examiner Services

20 Points

4 Cost of Servies to the County 20 Points

5 Experience and Qualifications 25 Points

6 Specialized Legal and Quasi-Judicial Expertise 15 Points

7 Local Vendor Preference 10 Points

TOTAL 100 Points

Detailed Criteria Descriptions are further described below. Proposals must be assembled, at minimum, in the order of the Evaluation Criteria listed or the proposal may be deemed non-responsive.

EVALUATION CRITERIA NO. 1: COVER LETTER/MANAGEMENT SUMMARY (5 Total Points Available)

Provide a cover letter or executive summary that includes:

• A brief statement describing the Proposer's interest in providing Special Magistrate and Hearing

Examiner services to Collier County.

• A summary of the Proposer's qualifications and relevant experience.

• Confirmation of the Proposer's availability and ability to meet the requirements of the solicitation.

• Name, telephone number, and email address of the authorized contact person.

• Acknowledgment that the Proposer understands the independence and impartiality required to perform the services.

EVALUATION CRITERIA NO. 2: CERTIFIED WOMAN AND/OR MINORITY BUSINESS

ENTERPRISE (5 Total Points Available)

Submit certification with the Florida Department of Management Service, Office of Supplier Diversity as a Certified Woman and/or Minority Business Enterprise.

EVALUATION CRITERIA NO. 3: APPROACH TO SPECIAL MAGISTRATE AND HEARING

EXAMINER SERVICES (20 Total Points Available)

The Proposer shall describe their proposed approach to providing the services required by this solicitation, including:

• Approach to preparing for and conducting fair, impartial, orderly, and efficient quasi-judicial hearings.

• Approach to reviewing testimony, evidence, case materials, and applicable legal authorities.

• Approach to timely preparation and issuance of findings, orders, rulings, and other required documents.

• Approach to managing the anticipated hearing schedule and workload.

• Availability and ability to accommodate scheduled hearings and other required proceedings.

• Approach to identifying, disclosing, and addressing actual or potential conflicts of interest, including recusal when required.

• Approach to maintaining independence and impartiality while coordinating administrative matters with

County staff.

• Approach to providing Hearing Examiner services for vendor payment dispute resolution.

• Approach to meeting the required deliverable timeframes established in the Scope of Work.

EVALUATION CRITERIA NO. 4: COST OF SERVICES TO THE COUNTY (20 Total Points Available)

The Proposer shall provide their proposed hourly rate for performance of the services required by this solicitation.

Proposed Hourly Rate: $__________ per hour

The proposed hourly rate shall include all labor, preparation time, administrative costs, overhead, profit, travel, and other costs necessary to perform the required services unless otherwise expressly identified by the County as separately reimbursable.

Failure to provide the requested hourly rate may result in the proposal being deemed non-responsive.

EVALUATION CRITERIA NO. 5: EXPERIENCE AND Qualifications (25 Total Points Available)

The Proposer shall demonstrate qualifications, professional experience, and capacity to successfully perform the required services.

At a minimum, provide:

• Number of years of professional legal experience.

• Evidence of graduation from an American Bar Association-accredited law school.

• Evidence of current good standing with The Florida Bar.

• Documentation demonstrating that the Proposer is a certified mediator under applicable Florida

Supreme Court rules, a qualified arbitrator through a recognized arbitration association, or a former judge.

• Evidence demonstrating a minimum of five (5) years of professional legal experience and practice.

• Description of experience conducting or participating in quasi-judicial, administrative, code enforcement, or comparable proceedings.

• Description of experience involving local government law, administrative law, land use, code enforcement, or other areas relevant to the Scope of Work.

• Description of experience serving as a Special Magistrate, Hearing Officer, Hearing Examiner, Administrative Law Judge, mediator, arbitrator, judge, or comparable neutral decision-maker, if applicable.

• Description of experience involving vendor payment disputes, contract disputes, or comparable dispute-resolution proceedings relevant to the Hearing Examiner services.

• References: Submit three (3) through ten (10) references using the County's Reference Form.

References should demonstrate experience relevant to the services required by this solicitation and should be for services performed within the last five (5) years, when applicable.

EVALUATION CRITERIA NO. 6: SPECIALIZED LEGAL AND QUASI-JUDICIAL EXPERTISE

(15 Total Points Available)

The Proposer shall describe specialized knowledge and experience relevant to the services required by this solicitation, including, as applicable:

• Administrative Law.

• Local Government Law.

• Land Use and Growth Management.

• Code Enforcement proceedings.

• Animal Control Law.

• Building Codes.

• Real Estate Law.

• Public Utility matters.

• Florida Government-in-the-Sunshine Law.

• Florida Public Records Law.

• Governmental ethics.

• Ex parte communication requirements.

• Florida Code of Judicial Conduct.

• Quasi-judicial hearing procedures.

• Mediation, arbitration, or other alternative dispute-resolution proceedings.

• Vendor payment dispute resolution or comparable Hearing Examiner experience.

The Proposer should identify the nature and extent of their experience in each applicable area rather than merely stating familiarity.

EVALUATION CRITERIA NO. 7: LOCAL VENDOR PREFERENCE (10 Total Points Available)

Local business is defined as the Proposer having a current Business Tax Receipt issued by the Collier or Lee County Tax Collector prior to proposal submission to do business within Collier County, and that identifies the business with a permanent physical business address located within the limits of Collier or Lee County from which the Proposer’s staff operates and performs business in an area zoned for the conduct of such business.

SOLICITATION PUBLIC NOTICE