IRFQ_24_25-307_Special_Magistrate_Addendum_1.pdf

City of Sanford | Finance Department | Purchasing Division 300 N. Park Avenue Suite 236, Sanford, Florida 32771

Phone: 407-688-5028 or 5030 | Fax: 407-688-5021 | Email: purchasing@sanfordfl.gov ADDENDUM

#1 IRFQ 24/25-307 SPECIAL MAGISTRATE SERVICES

DATE: Tuesday April, 8 2025

TO: All Bidders/Proposers

FROM: Frank Mascola Purchasing Coordinator

City of Sanford Purchasing Division

SUBJECT: IRFQ 24/25-307 Special Magistrate Services| ADDENDUM #1

This addendum is issued to provide additional information, clarification, corrections, additions, deletions and/or answers to questions concerning the above-referenced solicitation. All information provided in this addendum is incorporated into the solicitation document as set forth therein. All other parts of the solicitation have been maintained as originally distributed. This addendum supersedes any verbal and/or other instructions given to any bidder/proposer qualified to respond pursuant to the requirements set forth in the solicitation document.

I. DUE DATE

This Addendum does not change the solicitation due date. As such, the solicitation response is due no later than Tuesday, April 15, 2025, at 2:00 P.M. Local Time.

II. QUESTIONS AND ANSWERS (Q&A)

The City has received the following question(s) concerning the solicitation:

N/A

III. CHANGES, ADDITIONS AND/OR CLARIFICATIONS

Revision to the scope of work only.

IV. SIGN-IN SHEET

N/A

V. ATTACHMENTS

Including revise scope of work and removing the T’s and C’s the city has a separate contract with T’s and C’s for Legal Services (see sample).

mailto:purchasing@sanfordfl.gov

300 N. Park Avenue Suite 236, Sanford, Florida 32771

Phone: 407-688-5028 or 5030 | Fax: 407-688-5021 | Email: purchasing@sanfordfl.gov ADDENDUM

#1 IRFQ 24/25-307 SPECIAL MAGISTRATE SERVICES

Respondents must acknowledge receipt of this Addendum by signing this form below and returning it to the Procurement Division prior to the hour and date specified for receipt of bids/proposals or by including this Addendum with your submittal. Failure to comply may result in disqualification of your response.

Acknowledgment is hereby made of Addendum #1 to IRFQ 24/25-307 SPECIAL MAGISTRATE SERVICES.

Name of Firm/Company Contact Email

Street Address City, State, Zip Code

Telephone Number Fax Number

Authorized Person Printed Name Authorized Person Title

Authorized Person Signature Date of Signature

BIDDER INFORMATION:

Name of Firm:

Address:

Address:

City/State/Zip Code:

Contact Person:

Phone Number:

Fax Number:

Email:…………………………………………………………..

BIDDER’S PRINTED NAME:

Title:

DUE DATE: April 15, 2025 at 2:00 P. M. Local Time City of Sanford Purchasing Division Contact Person: Marisol Ordoñez, Purchasing Manager Address: 300 N. Park Avenue Suite 243 City, State, Zip: Sanford, Florida 32771 Phone Number: 407.688.5028, or ext. 5030/5191 Fax Number: 407.688.5021 Email: purchasing@sanfordfl.gov For Div./Dept./Office: Code Enforcement Department Delivery Address: 300 N. Park Avenue Sanford, Florida 32771

ISSUED DATE: Monday, March 31, 2025

BIDDER’S SIGNATURE:

Date:

PLEASE RETURN BY DUE DATE AND TIME VIA FAX, MAIL OR EMAIL TO CONTACT PERSON STATED ABOVE.

1. Intent. The intent of this solicitation is to select a successful Bidder for the provision of Special Magistrate Services.

The City of Sanford is requesting an informal quote from interested and qualified Florida licensed attorneys to provide Special Magistrate Services in accordance with the City of Sanford Code of Ordinance and Florida Statute Chapter 162, as a Special Magistrate.

2. Deliverables and Scope of Services. The successful Bidder shall provide all necessary material, goods, labor, etcetera to Special Magistrate Services.

1. The Special Magistrate shall conduct hearings as provided in Chapter 162, Florida Statutes, and City of Sanford Code of Ordinances related to the enforcement of the City of Sanford Code of Ordinances, other adopted ordinances, land development regulations, permits, and policies of the City of Sanford.

2. Performing those functions indicated by and specifically set forth in of the City of Sanford Code of Ordinances which establishes a Special Magistrate and includes, among other things, holding hearings and assessing fines against violators of City Code.

3. Overseeing and assuring that minutes of each hearing are kept.

4. Issuing an order at the close of evidence and thereafter issuing a written order that shall include findings of fact based on evidence of record, conclusions of law, and ordering the proper relief.

5. Issuing orders imposing fines.

6. The Special Magistrate agrees to observe all pertinent laws in the exercise of his or her duties, including but not limited to, the Sunshine Law, the Public Records Law, Chapter 112 of the Florida Statutes relating to conflicts of interest, and laws relating to procedures for quasi-judicial hearings.

7. The City shall provide such clerical and administrative personnel as deemed reasonably necessary to support the Special Magistrate’s activities and assist in the proper performance of duties. The Special Magistrate shall not be authorized to engage, hire, or use any person, except those provided by the City to assist in the performance of duties, at the City’s expense.

8. All other relevant assignments relating to Special Magistrate services, as may be requested.

9. The Special Magistrate shall serve a one (1) year term, which shall be automatically renewed on a yearly basis unless terminated by either party prior to the expiration of the current term. Selection of a Special Magistrate to assist with a particular case may be decided on a rotation basis if more than one Special Magistrate is selected to serve by the City Commission.

300 N. Park Avenue, Sanford, Florida 32771

Phone: 407.688.5028, or extension 5030 | Fax: 407.688.5021 FORM

IRFQ INFORMAL REQUEST FOR QUOTE

IRFQ 24/25-307 SPECIAL MAGISTRATE SERVICES

Delivery and Set-Up: Delivery shall be made to Finance/Purchasing Division, located at 300 N. Park Avenue, Sanford, FL 32771, between the hours of 7:00 A.M. and 5:30 P.M. Monday through Thursday office is closed on Friday’s. The successful Bidder shall be responsible for coordinating the delivery of all goods/services in a timely manner with the code enforcement clerks at 407.688.5163, Angela Adkins.

A. Minimum Requirements

1. Must be an active member in good standing with the Florida Bar. (Copier of Bar-issued Certificated of good standing must be included with the informal).

2. Must not be an employee of the City of Sanford or hold any appointive or elective office in Seminole County or within the state of Florida while serving as a Special Magistrate.

3. Must be able to provide five (5) years of verifiable experience practicing law, which experience shall include litigation and administrative hearing experience in the areas of local governmental land use, land development regulation, zoning matters, quasi-judicial procedures, and public hearings. Experience serving as a hearing examiner, hearing officer, special magistrate, or other similar official status may also be used to meet this requirement.

4. Must be able to attend, in person, hearings that are held on the 2nd Wednesday of each month at 9:00 a.m.

in Commission Chambers located in City Hall at 300 N. Park Avenue, 1st FL, Sanford, Florida 32771.

5. Must have a satisfactory record of contractual performance as demonstrated by the references provided.

6. Must be knowledgeable of Florida Law.

7. Must comply with the Code of the State of Florida.

B. General Conditions

1. From the date of release of this solicitation until the award of the contract, no contact with City personnel or elected officials related to this solicitation is permitted. Direct all communications to the procurement department. Any such contact may result in the disqualification of the respondent’s informal submittal.

2. This solicitation is subject to all legal requirements contained in the applicable City of Sanford Ordinances, as well as all applicable County, State and Federal Statutes. Where conflict exists between this solicitation and these legal requirements, the authority shall prevail in the following order: Federal, State, and local.

3. Applicant agrees to comply with all applicable portions of Fla. Stat. 448.095. Applicant must use the U.S.

Department of Homeland Security’s E-Verify System, hhtps://everify.uscis.gov/emp, to verify the employment eligibility of all employees hired on or after January 1, 2021, during the term of this Agreement.

i. Applicants must provide evidence of compliance with Fla. Stat.448.05 by January 1, 2021.

Evidence may consist of, but is not limited to, providing notice of Applicant’s E-Verify number.

C. Terms of Contract

i. Special Magistrate for a contract term on a one-year basis with an automatically renew on a yearly basis unless terminated by either party, and not to exceed a (5) five-year term.

City Responsibility: The City shall be responsible for:

a. Provide a designated set-up area for the successful Bidder to deliver all necessary materials and equipment required;

b. Provide Special Magistrate Services as required;

c. The City shall make the facility available for court hearing accompanied by a City Representative

d. No contract will be awarded to any person, firm, corporation, or other entity that is in arrears or in default to the

City upon any debtor contractor that is in default as surety or otherwise upon any obligation to the City, or that has failed to perform faithfully any contract with the City.

e. All material submitted with the proposals will become the property of the City unless otherwise requested at the time of submission.

Public Emergencies: It is hereby made a part of this bid that before, during, and after a public emergency, disaster, hurricane, tornado, flood, or other acts of God, City of Sanford shall require a “First Priority” for goods and services. It is vital and imperative that the health, safety, and welfare of the citizens of Sanford are protected from any emergency situation that threatens public health and safety as determined by the City. The Bidder agrees to rent/sell/lease all goods and services to the City or governmental entities on a “first priority” basis. The City expects to pay contractual prices for all products and/or services under the awarded Agreement in the event of a disaster, emergency, hurricane, tornado, flood, or other acts of God. Should the Bidder provide the City with products and/or services not under the awarded Agreement, the City expects to pay a fair and reasonable price for all products and/or services rendered or contracted in the event of a disaster, emergency, hurricane, tornado, flood, or other acts of God.

3. Price Submittal. In accordance with the terms, conditions and specifications, I/we, as authorized signatory to commit the firm, do hereby accept in total all the terms and conditions stipulated and referenced in this IRFQ document and hereby submit the following prices for IRFQ 24/25-304, Special Magistrate Services, as follows:

The additional attachments must be included with the solicitation in order to be considered a responsive bidder!

Item

1. Addendum(s), if any Attachment “A” Addendum Receipt Acknowledgement Certification

2. Complete attachments B through P

3. Include a completed vendor form (to include confirmation of registration w/ www.sunbiz.com)

4. Include a copy of your Florida State License and W9

5. Include a copy of your business tax receipt license (must be a register vendor to do business in the State of Florida).

6. Would you consider accepting ACH payment for services rendered, if so, please complete vendor package form?

7. Up-to-Date Resumes must be included with the Special Magistrate assigned to this project.

8. Title Page – this hall show the individual’s name, physical address, telephone, email address, number, and date.

9. Brief Profile and Statement- (2 page maximum) providing a history of your experience and expertise as it relates to this position.

Critical Data:

a. Please return your quote submittal via fax, mail or email to the requesting Division/Department/Office as outlined on page 1; by no later than the due date and time outlined on page 1 or as revised thereof via written addenda.

b. Please email questions regarding this quotation only to the requesting Division/Department/Office. Any interpretations, clarifications, or changes made will be in the form of written addenda issued by the requesting Division/Department/Office.

c. Pursuant to Section 2.2 of the City of Sanford Purchasing Policy, lobbying is strictly prohibited.

d. Please note that all documents sent to the City as part of this IRFQ are considered a Public Record; as prescribed by Chapter 119, Florida

Statutes.

PLEASE COMPLETE AND SUBMIT

Failure to submit this form may be grounds for disqualification of your submittal

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CITY OF SANFORD AGREEMENT FOR LEGAL SERVICES AS THE SPECIAL

MAGISTRATE/HEARING OFFICER OF THE CITY WITH XXXXX

THIS AGREEMENT made and entered into this __ day of March, 2025 by and between the City of Sanford, a Florida municipality, whose principal address is City Hall, 300 North Park Avenue, Sanford, Florida 32771, hereinafter referred to as the “CITY”, and XXXXX, a Florida XXXXX, whose principal and whose mailing address is XXXXX, hereinafter referred to as the “SPECIAL MAGISTRATE/HEARING OFFICER”. The CITY and the SPECIAL MAGISTRATE/HEARING OFFICER are collectively referred to herein as the Parties.

WITNESSETH:

WHEREAS, the CITY desires to retain the SPECIAL MAGISTRATE/HEARING OFFICER to provide legal services, as described in this Agreement to implement the provisions of the CITY’s City Charter and City Code as well as other controlling law to include, but not be limited to, the provisions of Chapter 162, Florida Statutes; and

WHEREAS, the CITY desires to employ the SPECIAL MAGISTRATE/HEARING OFFICER for the performance of services outlined in the various provision of the City Code and the provisions of Chapter 162, Florida Statutes, upon the terms and conditions hereinafter set forth, and the SPECIAL MAGISTRATE/HEARING OFFICER is desirous of performing and providing such services upon said terms and conditions; and

WHEREAS, the SPECIAL MAGISTRATE/HEARING OFFICER hereby warrants and represents to the CITY that he/she is competent and otherwise able to provide professional and high quality services to the CITY; and

WHEREAS, the SPECIAL MAGISTRATE/HEARING OFFICER hereby warrants and represents to the CITY that he/she will faithfully serve the CITY and the public by fairly determining and adjudicating cases and matters brought before him/her under controlling law; and

WHEREAS, the CITY desires to retain the SPECIAL MAGISTRATE/HEARING OFFICER to provide service set forth in the Scope of Work.

NOW, THEREFORE, in consideration of the mutual covenants and agreements hereinafter contained and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, it is agreed by and between the parties hereto as follows:

SECTION 1: GENERAL PROVISIONS.

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(a). The recitals herein are true and correct and form and constitute a material part of this Agreement upon which the parties have relied.

(b). Each party hereto represents to the other that it has undertaken all necessary actions to execute this Agreement, and that it has the legal authority to enter into this Agreement and to undertake all obligations imposed on it.

(c). Time is of the essence of the lawful performance of the duties and obligations contained in this Agreement. The parties covenant and agree that they shall diligently and expeditiously pursue their respective obligations set forth in this Agreement.

(d). When the term “law” is used herein, said phrase shall include statutes, codes, rules and regulations of whatsoever type or nature enacted or adopted by a governmental entity of competent jurisdiction.

(e). It is agreed that nothing herein contained is intended or should be construed as in any manner creating or establishing a relationship of co-partners between the parties. The SPECIAL MAGISTRATE/HEARING OFFICER is an independent contractor with respect to all services performed under this Agreement, but the provisions of Section 162.03, Florida Statutes, is applicable in that, as provided in Subsection (2) of that Section “[a] special magistrate shall have the same status as an enforcement board under this chapter. References in this chapter to an enforcement board, except in s. 162.05, shall include a special magistrate if the context permits.”

(f). The SPECIAL MAGISTRATE/HEARING OFFICER in the provision and performance of the services and functions pursuant to this Agreement shall have no claim to pension, workers’ compensation, unemployment compensation, civil service or other employee rights or privileges granted to the CITY’s officers and employees either by operation of law or by the CITY except to the extent that the provisions of the City’s liability insurance program and sovereign immunity shall apply insofar as the SPECIAL MAGISTRATE/HEARING OFFICER has the same status as a code enforcement board if the CITY were to have one.

(g). No claim for services furnished by the SPECIAL MAGISTRATE/HEARING OFFICER not specifically provided for herein shall be honored by the CITY.

SECTION 2: SCOPE OF SERVICES. Generally, the scope of service under this Agreement shall include all roles and functions under the CITY’s City Code relating to special magistrate and hearing officer functions as assigned by the CITY.

Generally hearings pertaining to code enforcement cases will be heard on the second Wednesday of each month.

SECTION 3: SPECIAL MAGISTRATE/HEARING OFFICER

UNDERSTANDING OF SERVICES REQUIRED. Execution of this Agreement by

3 | P a g e the SPECIAL MAGISTRATE/HEARING OFFICER is a representation that the SPECIAL MAGISTRATE/HEARING OFFICER is familiar with the services to be provided and/or performed and with local conditions. The SPECIAL MAGISTRATE/HEARING OFFICER shall make no claim for additional time or money based upon its failure to comply with this Agreement. Execution of this Agreement shall be an affirmative and irrefutable representation by the SPECIAL MAGISTRATE/HEARING OFFICER to the CITY that the SPECIAL MAGISTRATE/HEARING OFFICER is fully familiar with any and all requisite work conditions of the provisions of the services.

SECTION 4: CITY RIGHTS AND RESPONSIBILITIES.

(a). The CITY shall reasonably cooperate with the SPECIAL MAGISTRATE/HEARING OFFICER in a timely fashion.

(b). The CITY shall furnish a CITY representative, as appointed by the designated representative to administer, review and coordinate the provision of services including, but not limited to, a code enforcement clerk and other clerical services for other types of hearings.

(c). The rights and remedies of the CITY provided for under this Agreement are in addition to any other rights and remedies provided by law. The CITY may assert its right of recovery by any appropriate means including, but not limited to, set-off, suit, withholding, recoupment, or counterclaim, either during or after performance of this Agreement as well as the adjustment of payments made to the SPECIAL

MAGISTRATE/HEARING OFFICER.

(d). The CITY shall be entitled to recover any and all legal costs including, but not limited to, attorney fees and other legal costs that it may incur in any legal actions it may pursue in the enforcement of the terms and conditions of this Agreement or the responsibilities of the SPECIAL MAGISTRATE/HEARING OFFICER in carrying out the duties and responsibilities deriving from this Agreement.

(e). The failure of the CITY to insist in any instance upon the strict performance of any provision of this Agreement, or to exercise any right or privilege granted to the CITY hereunder shall not constitute or be construed as a waiver of any such provision or right and the same shall continue in force.

(f). Neither the CITY’s review, approval or acceptance of, nor payment for, any of the services required shall be construed to operate as a waiver of any rights under this Agreement nor or any cause of action arising out of the performance of this Agreement.

SECTION 5: COMPENSATION. Compensation from the CITY to the SPECIAL MAGISTRATE/HEARING OFFICER shall be $XXX per hour with a minimum billing of 2 hours when hearings are calendared to be heard. The same hourly rate shall apply to all

4 | P a g e other matters involving the actions and activities of the SPECIAL MAGISTRATE/HEARING OFFICER to include, but not be limited to review agendas, mtions and other preliminary matters, the review or draft ordinances, to accomplish needed legal research, and to respond to audit letters relating to the CITY’s annual audit.

SECTION 6: INVOICE PROCESS.

(a). Invoices, which are in an acceptable form to the CITY and without disputable items, which are received by the CITY, will be processed for payment within 30 days of receipt by the CITY.

(b). The SPECIAL MAGISTRATE/HEARING OFFICER will be notified of any disputable items contained in invoices submitted by the SPECIAL MAGISTRATE/HEARING OFFICER within 15 days of receipt by the CITY with an explanation of the deficiencies.

(c). The CITY and the SPECIAL MAGISTRATE/HEARING OFFICER will make every effort to resolve all disputable items contained in the SPECIAL MAGISTRATE/HEARING OFFICER’s invoices.

(d). Each invoice shall reference this Agreement and billing period.

(e). The Florida Local Government Prompt Payment Act shall apply when applicable. A billing period represents the dates in which the SPECIAL MAGISTRATE/HEARING OFFICER completed services referenced in an invoice.

(f). Invoices are to be forwarded directly to:

Cynthia Lindsay, CPA, CGFO

Director of Finance City of Sanford Finance Department 300 North Park Avenue

SECTION 7: TERM/LENGTH OF AGREEMENT. This Agreement shall be in effect commencing on May 1, 2025. The first code enforcement hearings to be held by the SPECIAL MAGISTRATE/HEARING OFFICER shall occur on May 14, 2025.

SECTION 8: DESIGNATED REPRESENTATIVES.

(a). The CITY designates, the following person to represent the CITY in all matters pertaining to and arising from the work and the performance of this Agreement:

Angeal Adkins

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Code Enforcement Clerk

(b). The SPECIAL MAGISTRATE/HEARING OFFICER’s designated representative is:

XXXXX

SECTION 9: PAYMENT IN THE EVENT OF TERMINATION. In the event this Agreement is terminated or canceled prior to final completion without cause, payment for the unpaid portion of the services provided by the SPECIAL MAGISTRATE/HEARING OFFICER to the date of termination and any additional services shall be paid to the

SPECIAL MAGISTRATE/HEARING OFFICER.

SECTION 10: ACTION FOLLOWING TERMINATION. Upon receipt of notice of termination given by either party, the terminated party shall promptly discontinue the provision of all services, unless the notice provides otherwise.

SECTION 11: EQUAL OPPORTUNITY EMPLOYMENT AND

NON-DISCRIMINATION. The SPECIAL MAGISTRATE/HEARING OFFICER agrees that it will not discriminate against any employee or applicant for employment for work under this Agreement because of race, color, religion, sex, age, national origin or disability and will take affirmative steps to ensure that applicants are employed and employees are treated during employment without regard to race, color, religion, sex, age, national origin or disability. This provision shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment advertising; layoff or termination; rates of pay or their forms or compensation; and selection for training, including apprenticeship.

The SPECIAL MAGISTRATE/HEARING OFFICER, moreover, shall comply with all the requirements as imposed by the Americans with Disability Act, the regulations of the Federal government issued thereunder, and any and all requirements of Federal or State law related thereto.

SECTION 12: STANDARDS OF CONDUCT.

(a). The SPECIAL MAGISTRATE/HEARING OFFICER warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the SPECIAL MAGISTRATE/HEARING OFFICER, to solicit or secure this Agreement and that the SPECIAL MAGISTRATE/HEARING OFFICER has not paid or agreed to pay any person, company, corporation, individual or firm other than a bona fide employee working solely for the SPECIAL MAGISTRATE/HEARING OFFICER, any fee, commission, percentage, gift, or any other consideration, contingent upon or resulting from the award of making this Agreement.

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(b). The SPECIAL MAGISTRATE/HEARING OFFICER shall not discriminate on the grounds of race, color, religion, sex, or national origin in the performance of work under this Agreement or violate any laws pertaining to civil rights, equal protection or discrimination.

(c). The SPECIAL MAGISTRATE/HEARING OFFICER hereby certifies that no undisclosed (in writing) conflict of interest exists with respect to the Agreement, including, but not limited to, any conflicts that may be due to representation of other clients, customers or vendees, other contractual relationships of the SPECIAL MAGISTRATE/HEARING OFFICER, or any interest in property that the SPECIAL MAGISTRATE/HEARING OFFICER may have. The SPECIAL MAGISTRATE/HEARING OFFICER further certifies that any conflict of interest that arises during the term of this Agreement shall be immediately disclosed in writing to the CITY. Violation of this Section shall be considered as justification for immediate termination of this Agreement.

(d). The SPECIAL MAGISTRATE/HEARING OFFICER shall ensure that all taxes due from the SPECIAL MAGISTRATE/HEARING OFFICER are paid in a timely and complete manner including, but not limited to, the local business tax.

(e). The SPECIAL MAGISTRATE/HEARING OFFICER shall not publish any documents or release information regarding this Agreement to the media without prior approval of the CITY.

(f). The SPECIAL MAGISTRATE/HEARING OFFICER shall certify, upon request by the CITY, that the SPECIAL MAGISTRATE/HEARING OFFICER maintains a drug free workplace policy in accordance with Section 287.0878, Florida Statutes. Failure to submit this certification may result in termination of this Agreement.

(g). If the SPECIAL MAGISTRATE/HEARING OFFICER or an affiliate is placed on the convicted vendor list following a conviction for a public entity crime, such action may result in termination of this Agreement by the CITY. The SPECIAL MAGISTRATE/HEARING OFFICER shall provide a certification of compliance regarding the public crime requirements set forth in State law upon request by the CITY.

(h). The SPECIAL MAGISTRATE/HEARING OFFICER shall comply with the requirements of the Americans with Disabilities Act (ADA), and any and all related Federal or State laws which prohibits discrimination by public and private entities on the basis of disability.

(i). The CITY will not intentionally award publicly-funded contracts to any contractor or vendor who knowingly employs unauthorized alien workers, constituting a violation of the employment provisions contained in 8 U.S.C. Section 1324a(e) Section 274A(e) of the Immigration and Nationally Act (INA). The CITY shall consider the employment by the SPECIAL MAGISTRATE/HEARING OFFICER of unauthorized

7 | P a g e aliens, a violation of Section 274A(e) of the INA. Such violation by the SPECIAL MAGISTRATE/HEARING OFFICER of the employment provisions contained in Section 274A(e) of the INA shall be grounds for immediate termination of this Agreement by the

CITY.

(j). The SPECIAL MAGISTRATE/HEARING OFFICER agrees to comply with Federal, State, and local environmental, health, and safety laws and regulations applicable to the services provided to the CITY. The SPECIAL MAGISTRATE/HEARING OFFICER agrees that any program or initiative involving the work that could adversely affect any personnel involved, citizens, residents, users, neighbors or the surrounding environment will ensure compliance with any and all employment safety, environmental and health laws.

(k). The SPECIAL MAGISTRATE/HEARING OFFICER shall ensure that all services are provided to the CITY after the SPECIAL MAGISTRATE/HEARING OFFICER has obtained, at its sole and exclusive expense, any and all permits, licenses, permissions, approvals or similar consents.

(l). The SPECIAL MAGISTRATE/HEARING OFFICER shall advise the CITY in writing of it who has been placed on a discriminatory vendor list, may not submit a bid on a contract to provide goods or services to a public entity, or may not transact business with any public entity.

(m). The SPECIAL MAGISTRATE/HEARING OFFICER shall not engage in any action that would create a conflict of interest in the performance of that actions of any CITY employee or other person during the course of performance of, or otherwise related to, this Agreement or which would violate or cause others to violate the provisions of Part III, Chapter 112, Florida Statutes, relating to ethics in government. Further, in terms of conflicts of interest, the SPECIAL MAGISTRATE/HEARING OFFICER shall not represent any client who asserts a land use claim, eminent domain claim, inverse condemnation claim, claim arising under the Bert Harris Private Property Protection Act or any similar law, any civil rights claim, any breach of contract claim (except that the SPECIAL MAGISTRATE/HEARING OFFICER may make claims against the CITY arising out of this Agreement), or any other form of liability seeking claim.

SECTION 13: ACCESS TO RECORDS/AUDIT/PUBLIC RECORDS.

(a). The SPECIAL MAGISTRATE/HEARING OFFICER shall maintain books, records, documents, time and costs accounts and other evidence directly related to its provision or performance of services under this Agreement.

(b). The SPECIAL MAGISTRATE/HEARING OFFICER shall maintain and allow access to the records required under this Section for a minimum period of 5 years after

8 | P a g e the completion of the provision or performance services under this Agreement and date of final payment for said services, or date of termination of this Agreement.

(c). The CITY may perform, or cause to have performed, an audit of the records of the SPECIAL MAGISTRATE/HEARING OFFICER before or after final payment to support final payment issued hereunder. This audit shall be performed at a time mutually agreeable to the SPECIAL MAGISTRATE/HEARING OFFICER and the CITY subsequent to the close of the final fiscal period in which services are provided or performed. Total compensation to the SPECIAL MAGISTRATE/HEARING OFFICER may be determined subsequent to an audit as provided for in this Section, and the total compensation so determined shall be used to calculate final payment to the SPECIAL MAGISTRATE/HEARING OFFICER’s conduct of the audit shall not delay final payment as required by this Section.

(d). In addition to the above, if Federal, State, County, or other entity funds are used for any services under this Agreement, the Comptroller General of the United States or the Chief Financial Officer of the State of Florida, or a county or municipality with jurisdiction or any representatives, shall have access to any books, documents, papers, and records of the SPECIAL MAGISTRATE/HEARING OFFICER which are directly pertinent to services provided or performed under this Agreement for purposes of making audit, examination, excerpts, and transcriptions.

(e). In the event of any audit or inspection conducted reveals any overpayment by the CITY under the terms of the Agreement, the SPECIAL MAGISTRATE/HEARING OFFICER shall refund such overpayment to the CITY within 30 days of notice by the CITY of the request for the refund.

(f). The SPECIAL MAGISTRATE/HEARING OFFICER agrees to fully comply with all State laws relating to public records. In order to comply with Section 119.0701, Florida Statutes, the SPECIAL MAGISTRATE/HEARING OFFICER must:

(1). Keep and maintain public records required by the CITY to perform the service.

(2). Upon request from the CITY's custodian of public records, provide the public with a copy of the public records requested or allow the records to be inspected or copied within a reasonable time and 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 public records disclosure requirements are not disclosed except as authorized by law for the duration of the term of this Agreement and following completion of this Agreement if the SPECIAL MAGISTRATE/HEARING OFFICER does not transfer the records to the public CITY.

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(4). Upon completion of this Agreement, transfer, at no cost, to the CITY all public records in possession of the SPECIAL MAGISTRATE/HEARING OFFICER or keep and maintain public records required by the CITY to perform the service. If the SPECIAL MAGISTRATE/HEARING OFFICER transfers all public records to the CITY upon completion of this Agreement, the SPECIAL MAGISTRATE/HEARING OFFICER shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the SPECIAL MAGISTRATE/HEARING OFFICER keeps and maintains public records upon completion of this Agreement, the SPECIAL MAGISTRATE/HEARING OFFICER shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the CITY, upon request from the CITY's custodian of public records, in a format that is compatible with the information technology systems of the CITY.

(5). If the SPECIAL MAGISTRATE/HEARING OFFICER does not comply with a public records request, the CITY shall enforce any and all Agreement provisions in accordance with this Agreement. and the SPECIAL MAGISTRATE/HEARING OFFICER shall be subject to all rights and remedies of the CITY and the public under controlling State law.

(6). A request to inspect or copy public records relating to this Agreement must be made directly to the CITY. If the CITY does not possess the requested records, the CITY shall immediately notify the SPECIAL MAGISTRATE/HEARING OFFICER of the request, and the SPECIAL MAGISTRATE/HEARING OFFICER must provide the records to the CITY or allow the records to be inspected or copied within a reasonable time.

Failure by the SPECIAL MAGISTRATE/HEARING OFFICER to grant such public access and comply with public records requests shall be grounds for immediate unilateral cancellation of this Agreement by the CITY. The SPECIAL MAGISTRATE/HEARING OFFICER shall promptly provide the CITY with a copy of any request to inspect or copy public records in possession of the SPECIAL MAGISTRATE/HEARING OFFICER and shall promptly provide the CITY with a copy of the SPECIAL MAGISTRATE/HEARING OFFICER’s response to each such request.

(g). The SPECIAL MAGISTRATE/HEARING OFFICER agrees that if any litigation, claim, or audit is started before the expiration of the record retention period established above, the records shall be retained until all litigation, claims or audit findings involving the records have been resolved and final action taken.

(h). IF THE CONTRACTOR/SPECIAL MAGISTRATE/HEARING

OFFICER HAS QUESTIONS REGARDING APPLICATION OF CHAPTER

119, FLORIDA STATUTES, TO THE CONTRACTOR’S (SPECIAL

MAGISTRATE/HEARING OFFICER’S) DUTY TO PROVIDE PUBLIC

RECORDS RELATING TO THIS CONTRACT, CONTACT THE

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CUSTODIAN OF PUBLIC RECORDS AT (407) 688-5012, TRACI

HOUCHIN, MMC, FCRM, CITY CLERK, CITY OF SANFORD, CITY HALL,

300 NORTH PARK AVENUE, SANFORD, FLORIDA 32771,

TRACI.HOUCHIN@SANFORDFL.GOV.

SECTION 14: ASSIGNABILITY. The SPECIAL MAGISTRATE/HEARING OFFICER shall not sublet, assign or transfer any interest in this Agreement, or claims for the money due or to become due out of this Agreement to a bank, trust company, or other financial institution without written CITY approval. When approved by the CITY, written notice of such assignment or transfer shall be furnished promptly to the CITY.

SECTION 15: SUBCONTRACTORS. The SPECIAL MAGISTRATE/HEARING OFFICER shall not subcontract any services under this Agreement.

SECTION 16: CONTROLLING LAWS/VENUE/INTERPRETATION.

(a). This Agreement is to be governed by the laws of the State of Florida.

(b). Venue for any legal proceeding related to this Agreement shall be in the Eighteenth Judicial Circuit Court in and for Seminole County, Florida.

(c). This Agreement is the result of bona fide arms length negotiations between the CITY and the SPECIAL MAGISTRATE/HEARING OFFICER and all parties have contributed substantially and materially to the preparation of the Agreement. Accordingly, this Agreement shall not be construed or interpreted more strictly against any one party than against any other party.

SECTION 17. FORCE MAJEURE. Neither party shall be considered in default in performance of its obligations hereunder to the extent that performance of such obligations, or any of them, is delayed or prevented by Force Majeure. Force Majeure shall include, but not be limited to, hostility, terrorism, revolution, civil commotion, strike, epidemic, fire, flood, wind, earthquake, explosion, any law, proclamation, regulation, or ordinance or other act of government, or any act of God or any cause whether of the same or different nature, existing or future; provided that the cause whether or not enumerated in this Section is beyond the control and without the fault or negligence of the party seeking relief under this Section.

SECTION 18: EXTENT OF AGREEMENT/INTEGRATION/AMENDMENT.

(a). This Agreement, together with the exhibits, constitutes the entire integrated Agreement between the CITY and the SPECIAL MAGISTRATE/HEARING OFFICER and supersedes all prior written or oral understandings in connection therewith. This Agreement, and all the terms and provisions contained herein, including without limitation

11 | P a g e the exhibits hereto, constitute the full and complete agreement between the parties hereto to the date hereof, and supersedes and controls over any and all prior agreements, understandings, representations, correspondence and statements whether written or oral.

(b). This Agreement may only be amended, supplemented or modified by a formal written amendment.

(c). Any alterations, amendments, deletions, or waivers of the provisions of this Agreement shall be valid only when expressed in writing and duly signed by the parties.

(d). Notwithstanding the provisions of this Section, the engagement for legal services relating to the contamination of water as a result of 1,4 dioxane contamination shall be and consistute and ongoing separate and distinct agreement for legal services and shall not be integrated into this Agreement.

SECTION 19: NOTICES.

(a). Whenever either party desires to give notice unto the other, it shall be given by written notice, sent by registered United States mail, with return receipt requested, addressed to the party for whom it is intended, at the place last specified, and the place for giving of notice shall remain such until it shall have been changed by written notice in compliance with the provisions of this Section.

(b). For the present, the parties designate the following as the representative places for giving of notice, to-wit:

For the CITY: Marisol Ordoñez

Purchasing Manager City of Sanford Finance Department Purchasing Division

For the SPECIAL MAGISTRATE/HEARING OFFICER: XXXXX

(c). Written notice requirements of this Agreement shall be strictly construed and such requirements are a condition precedent to pursuing any rights or remedies hereunder. The SPECIAL MAGISTRATE/HEARING OFFICER agrees not to claim any waiver by CITY of such notice requirements based upon CITY having actual knowledge, implied, verbal or constructive notice, lack of prejudice or any other grounds as a substitute for the failure of the SPECIAL MAGISTRATE/HEARING OFFICER to comply with the express written notice requirements herein. Computer notification (e-mails and

12 | P a g e message boards) shall not constitute proper written notice under the terms of the Agreement.

SECTION 20: WAIVER. The failure of the CITY to insist in any instance upon the strict performance of any provision of this Agreement, or to exercise any right or privilege granted to the CITY hereunder shall not constitute or be construed as a waiver of any such provision or right and the same shall continue in force.

SECTION 21: NO GENERAL CITY OBLIGATION. In no event shall any obligation of the CITY under this Agreement be or constitute a general obligation or indebtedness of the CITY or the State of Florida and shall be subject to availability of funds to the CITY from governmental sources and shall only be payable solely from legally available revenues and funds.

SECTION 22: EXHIBITS. The SPECIAL MAGISTRATE/HEARING OFFICER’s response to the procurement solicitation of the CITY and the CITY’s procurment solicitation are attached hereto as exhibits. Each exhibit is an essential part of this Agreement.

SECTION 23: CAPTIONS. The section headings and captions of this Agreement are for convenience and reference only and in no way define, limit, describe the scope or intent of this Agreement or any part thereof, or in any way affect this Agreement or construe any provision of this Agreement.

SECTION 24: SEVERABILITY/CONSTRUCTION.

(a). If any term, provision or condition contained in this Agreement shall, to any extent, be held invalid or unenforceable, the remainder of this Agreement, or the application of such term, provision or condition to persons or circumstances other than those in respect of which it is invalid or unenforceable, shall not be affected thereby, and each term, provision and condition of this Agreement shall be valid and enforceable to the fullest extent permitted by law when consistent with equity and the public interest.

(b). All provisions of this Agreement shall be read and applied in para materia with all other provisions hereof.

SECTION 25: ALTERNATIVE DISPUTE RESOLUTION (ADR).

(a). In the event of a dispute related to any performance or payment obligation arising under this Agreement, the parties agree to exhaust any alternative dispute resolution procedures reasonably imposed by the CITY prior to filing suit or otherwise pursuing legal remedies.

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(b). The SPECIAL MAGISTRATE/HEARING OFFICER agrees that it will file no suit or otherwise pursue legal remedies based on facts or evidentiary materials that were not presented for consideration to the CITY in alternative dispute resolution procedures or which the SPECIAL MAGISTRATE/HEARING OFFICER had knowledge and failed to present during the CITY procedures.

(c). In the event that CITY procedures are exhausted and a suit is filed or legal remedies are otherwise pursued, the parties shall exercise best efforts to resolve disputes through voluntary mediation. Mediator selection and the procedures to be employed in voluntary mediation shall be mutually acceptable to the parties. Costs of voluntary mediation shall be shared equally among the parties participating in the mediation.

SECTION 26: COUNTERPARTS. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which, taken together, shall constitute one and the same document.

IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement on the respective dates under each signature.

ATTEST: SPECIAL MAGISTRATE/HEARING

OFFICER

_______________________________ By: _____________________________

XXXXX XXXXX

XXXXX XXXXX

Date: _____________________

ATTEST: CITY

Traci Houchin, MMC, FCRM Art Woodruff City Clerk Mayor

Date: ______________________

For the use and reliance of the City Of Sanford only. Approved as to form and legal sufficiency.

William L. Colbert, Esquire City Attorney