RFP2025-013_City_Hearing_Officer_Services_re-bid.pdf

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* REQUEST FOR PROPOSAL *

I. The CITY OF KISSIMMEE is seeking SEALED PROPOSALS on the following: Request for Proposal Number RFP2025–013 City Hearing Officer Services (re-bid)

II. All proposals must be submitted in a SEALED envelope and plainly marked with the proposal number on the exterior of the proposal envelope, one (1) original, one (1) copy and (1) electronic copy on CD or Flash Drive.

III. To be considered proposals MUST be delivered OR mailed to:

City of Kissimmee Finance Department 4th Floor Attn: Purchasing Division 101 Church Street Kissimmee, FL 34741

And time stamped on or before 2:00 p.m. July 24, 2025.

IV. All proposals shall be opened and read publicly in the City of Kissimmee Finance Department 4th Floor, Allendale Conference Room, 101 Church Street, Kissimmee, Florida at 2:30 p.m. on July 24, 2025.

V. All proposals must be according to specifications and conditions, and on the forms provided herein.

VI. The Proposal's name and address shall be clearly shown on the exterior of the Sealed Envelope.

VII. The City of Kissimmee reserves the right to accept and/or reject any or all proposals, with or without cause, to waive technicalities or to accept the proposal which, in its judgment, best serves the interest of the City of Kissimmee. Persons are advised that, if they decide to appeal any decision made concerning the award of this proposal, they will need a record of the proceedings, and for such purpose, they may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be made. Proposal results other than the apparent low offer will not be provided in response to telephone inquiries. Proposals desiring a copy of the Abstract of Offers should include such request with a self addressed stamped envelope in their proposal.

Brandon Durango Procurement Manager

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General Requirements:

1.1 PROPOSAL PREPARATION

Submission of a proposal in response to this solicitation shall evidence the bidder’s acknowledgement that he is cognizant of all the conditions and specifications contained herein and that any offer made is in accordance with the contained specifications and conditions unless, specifically identified and explained as exceptions on the bidder’s schedule. Each bidder is responsible for the completeness and accuracy of their proposal. Proposals must show manual signatures by an individual authorized to offer such obligations and shall contain evidence of that person’s authority to make such offers. Unsigned proposals will be rejected. Stamped or otherwise reproduced signatures are not acceptable. Erasures or other changes must be initialed by the person signing the proposal. Bidders should include all descriptive literature specifications, or catalogs or cuts necessary to specifically identify and describe the item(s) being offered. Failure to do so may result in the proposal being declared non-responsive.

1.2 SUBMISSION OF PROPOSALS

All bids shall be submitted in a sealed envelope on the forms included with this solicitation with the bidder’s name and address and bid number plainly marked on the exterior of the envelope. Timely submission of a bid is important. Official receipt is acknowledged using an atomic date/time stamp interfaced with the U.S. Government’s National Institute of Standards and Technology (NIST) which is the official time-keeper for the U.S. Facsimile or telegraphed bids will not be accepted.

1.3 DEFAULT

Should the successful bidder for any award made as a result of this solicitation fail to deliver a product in accordance with the specifications contained herein and within the time frame promised, the City of Kissimmee reserves the right to cancel the contract for default and to award this contract to the next most qualified offer. The bidder in default may be held liable for any added cost to the City of Kissimmee incurred as a result of such action.

1.4 LATE PROPOSALS AND WITHDRAWL OF OFFERS

No proposal will be accepted after the published deadline for accepting proposals in response to this solicitation. Proposals may be withdrawn at any time prior to the official time set for the proposal opening. No modification or withdrawal of any offer received will be allowed after the time and date set for the official proposal opening.

1.5 PROPOSAL EVALUATION AND AWARD

All proposals received will be evaluated based on one or more of the following factor: price; quality of service offered; compliance with specifications; delivery; reputation of the proposal; and any other factors detailed in the specifications. Award will be made to the lowest responsive and responsible bidder complying with the provisions of the invitation to Proposal, provided that such award is in the best interests of the City of Kissimmee.

The City of Kissimmee reserves the right to accept and /or reject any or all proposals in whole or in part with or without cause; to waive technicalities; to make multiple awards on a line item basis;

and accept the proposal which in its judgment, best services the interest of the City of Kissimmee.

Bidders are cautioned that no communication with any City of Kissimmee employee involved in the evaluation process is authorized during the proposal evaluation process unless such communication is originated by the City of Kissimmee for the purpose of clarifying the proposal.

Questions regarding the status of any proposal should be directed to the Purchasing Agent.

Proposal awards will be posted in the Purchasing Office after Commission Approval. Vendors are responsible for following up on the status of any proposal. The City of Kissimmee will only notify successful vendor(s).

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1.6 BILLING AND PAYMENT

The City of Kissimmee will pay all proper invoices submitted for supplies and/or services within 30 calendar days. To be considered a proper invoice it must be submitted in 2 copies to the City of Kissimmee Accounting Department, 101 Church Street Kissimmee, FL 34741, show the Vendor FEID Number, the purchase order number and be based on proper delivery installation or provision of goods or services to and accepted by The City of Kissimmee. The payment cycle will not start until all the above requirements are met.

1.7 ADDENDUMS

In the event modifying addenda to the basic solicitation are issued the City of Kissimmee will attempt to provide such addenda to all vendors who have been furnished proposal packages.

However, it shall be the bidder’s responsibility to verify with the Purchasing Office before the proposal is submitted whether or not addenda have been issued and to obtain such addenda for submission with the proposal. Receipt of any addenda issued must be acknowledged on the proposal schedule.

1.8 BIDDER’S CERTIFICATION

By signature on this proposal, bidder certifies or in the case of a joint proposal each party certifies that:

A. They have not given, offered nor intend to give at any time economic opportunity, future employment, favor or gratuity in any kind to any employee of the City of Kissimmee in connection with this proposal.

B. That the bidder has not divulged or discussed his offer with other bidders.

C. Prices offered have been determined independently without collusion with other bidders for the purpose of restricting competition.

D. No attempt has been made to induce any potential bidder to submit or decline to submit an offer in response to this solicitation.

1.9 “NO PROPOSAL” RESPONSE

Vendors electing to not submit proposals in response to this solicitation should complete the attached “Notice to Bidders” form. Failure to return the form may result in your omission from future proposal lists.

1.10 CFPC

The City of Kissimmee participates in a Central Florida Purchasing Cooperative (CFPC). All bidders awarded contracts from this bid are encouraged to permit other active members of CFPC to participate in the contract under the same prices, terms, and conditions except that allowances may be made for differences in delivery costs.

1.11 COMPLIANCE WITH THE JESSICA LUNSFORD ACT

If applicable, compliance with the Jessica Lunsford Act will be required by Contractor.

1.12 CONE OF SILENCE – The Cone of Silence is designed to protect the integrity of the procurement process by shielding it from undue influences prior to the execution of the award.

The Cone of Silence is defined as the period beginning with the issuance of the solicitation document and continues through the execution of the award document. During this time vendors, service providers and the like are prohibited from all communications regarding the solicitation with City staff, City consultants, City legal counsel, City Agents, or elected officials. Any vendor who attempts to influence a member or members of the aforementioned shall be disqualified from continued participation in the procurement process with regard to that particular solicitation.

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Exceptions to the Cone of Silence –

Written communications directed to the Procurement Officer;

All communications occurring at pre-bid meetings;

Oral presentations before publicly noticed committee meetings;

Procurement of goods and services for Emergency situations; and Contractors already on contract with the City to perform services for the City are allowed discussions necessary for the completion of an existing contract.

1.13 PROTEST

Any protest must be made within three (3) days following posting of the proposal award. Protest procedures are available from the City of Kissimmee Finance Department 4th Floor Attn: Purchasing Division, 101 Church Street, Kissimmee, FL 34741.

Notice of decision or intended decision concerning a bid solicitation or award may be given by posting the bid tabulation or recommended award at the location where the bids were opened or posted electronically on the City’s website www.kissimmee.gov. Failure to file a protest within the deadlines prescribed shall constitute a waiver of protest proceedings.

2.0 SPECIAL PROVISIONS:

2.1 PUBLIC ENTITY CRIMES: "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 a contract to provide any goods or services to a public entity, may not submit a proposal on a contract 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, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.133,F.S. for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list".

2.2 INDEMNITY: The Parties recognize that selected bidder is an independent contractor and agrees to assume liability for and indemnify and hold harmless the City, its commissioners, mayor, officers, employees, agents, and attorneys of, from, and against all liability and expense, including reasonable attorney’s fees, in connection with any and all claims, demands, damages, actions, causes of action, and suits in equity of whatever kind or nature, including claims for personal injury, property damage, equitable relief, or loss of use, arising directly or indirectly out of or in connection with any negligent and/or deliberate act or omission of selected bidder and its law firm, its officers, employees, agents, and representatives. Selected bidder’s liability hereunder shall include all attorney’s fees and costs incurred by City in the enforcement of this indemnification provision. This provision includes claims made by any employee of selected bidder’s law firm against the City, and selected bidder and its law firm hereby waives its entitlement, if any, to immunity under Section 440.11, Florida Statutes. The obligations contained in this provision shall survive termination of this Agreement and shall not be limited by the amount of any insurance required to be obtained or maintained under this Agreement.

2.3 CLARIFICATION OF REQUIREMENTS: Questions regarding clarification or interpretation of the technical specifications and/or non-technical nature regarding this solicitation must be addressed IN WRITING to Debbie Luke, Purchasing Coordinator at 101 Church Street, Kissimmee, Florida 34741 OR BY EMAIL to debbie.luke@kissimmee.gov not less than seven (7) days prior to the RFP opening date. Last day for questions is June 10, 2025 by 5PM with final addendum issued June 16, 2025 by 5PM.

However, unless modified by a written addendum issued by the Purchasing Coordinator, the specifications and conditions contained herein stand as stated. Verbal communications are neither

~ 5 ~ authoritative or binding. Any verbal interpretation in conflict with these specifications as written should immediately be directed in writing to the Purchasing Coordinator for the City of Kissimmee. Any interpretation provided to any vendor in response to inquiries regarding this solicitation which may affect the outcome of this proposal will be furnished in writing to all vendors who have received proposal packages.

2.4 No minor children are permitted to accompany bidders during pre-proposal conferences, proposal opening or site tour.

2.5 A link to this website is available through the City’s Web Page http://www.kissimmee.gov , under the Finance Department, Purchasing. Notice of Award, Proposals currently available, and Tabulation sheets are available Online. Bidders, who do not have Internet access, may request a copy of the tabulation by enclosing a stamped, self-addressed envelope with the Proposal response.

2.6 The City of Kissimmee has a Local Vendor Preference Policy: When written bids, responses to request for proposals or quotations are received by the City as part of the competitive sealed bid process, and the lowest responsible price is offered by an individual or entity that is not an Osceola County person, firm and/or corporation and the next lowest responsible bidder is an Osceola County person, firm and/or corporation, the Osceola County individual or entity will be given an opportunity to match the lowest price offered.

If an offer is made to match the lowest price and the Osceola County individual or entity is otherwise fully qualified and meets all City requirements, the bid shall be awarded to the Osceola County individual or entity at the lowest price. In order to receive the local vendor preference provided herein, the Osceola County individual or entity that qualifies as the next lowest price bidder hereunder, must unconditionally agree in writing to match the lowest price bid and deliver to the City designated representative by 8:30 a.m. on the third regular business day after notification of opportunity to match bid. Eligibility form is Attachment A.

2.7 FEES AND LICENSURE COST: This bid requires the following fees/licensure; proof of a valid

Business Tax Receipt from the jurisdiction of the bidder's place of business.

2.8 INSURANCE PROVISIONS: The successful bidder will have in force the following insurance coverage and will provide Certificates of Insurance prior to commencement of any work.

a. Successful bidder shall provide, pay for and maintain in force at all during the term of this Agreement, such insurance, including malpractice, Workers’ Compensation Insurance and Professional Liability Insurance, as will provide to City the protection contained in the foregoing Indemnification Section undertaken by successful bidder.

b. Such policy or policies shall be issued by a company or companies authorized to do business in the State of Florida. All policies required to be carried pursuant to this Section shall provide coverage for any and all claims based on the actions of Successful bidder in performing services under this Agreement. Any liability policy or policies shall, as a minimum, carry limits of at least Five Hundred Thousand and No/100 Dollars ($500,000.00).

c. Prior to the commencement of work hereunder, successful bidder shall furnish to City a certificate or written statement of the above required insurance. The policy or policies evidencing required insurance shall contain an endorsement to the effect that cancellation or any material change in the policies adversely affecting the interests of City in such insurance shall not be effective until thirty (30) days after written notice thereof to City. City reserves the right to require a copy of such policy or policies upon request.

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d. The maintenance of the insurance coverage set forth herein shall not be construed to limit not have the effect of limiting successful bidder’s liability under the provisions of the indemnification clause.

2.9 TERM OF CONTRACT: The term of office for the City Hearing Officer shall be a two (2) year term from the date of execution of the Agreement. At the option of the City, the Agreement may be renewed for three (3) additional one (1) year periods. There is no limit on the number of terms the City Hearing Officer may serve.

Note: Sample Agreement on pages 12-23.

3.0 SCOPE OF SERVICES: Exhibit A

The City Hearing Officer shall be appointed by the City of Kissimmee City Commissioners (the “Board”) and shall serve at the pleasure of the Board.

1.) The City Hearing Officer shall conduct public hearings of contested red light camera notices of violation, parking violations, and noise violations for the City as needed, make findings of fact based upon the evidence of record render decisions, execute judgments, and ensure fundamental due process is observed (hereinafter “Services”). The City Hearing Officer shall provide Services in accordance with the provisions of Section 316.0083, Florida Statutes, and Chapters 22 and 42, City of Kissimmee City Code. If the City implements a school zone speed detection system pursuant to Sections 316.008(9)(a), 316.0776, and 316.1896, Florida Statutes, the City Hearing Officer shall conduct public hearings of contested notices of violation for Section 316.1895 regarding excessive speed in a school speed zone.

2.) The City Hearing Officer shall be an attorney who is admitted to the Florida Bar and possesses experience and a working knowledge of Section 316.0083, Florida Statutes, Chapters 22 and 42, City of Kissimmee City Code, administrative law, and the law of evidence.

3.) Pursuant to City Code section 42-22, the City Hearing Officer has jurisdiction to hear violations of red-light camera notices of violation, parking violations, and noise violations issued by the City

4.) City Hearing Officer hearings will be held at City Hall, which is 101 Church Street, Kissimmee Florida 34741.

5.) The anticipated hours should not exceed ten (10) to twelve (12) hours per month.

6.) The City Hearing Officer shall not serve in more than one office in violation of

Article II, section 5(a) of the Florida Constitution.

3.1 REQUIRED DOCUMENTS:

References – attachment C

Resume or summary of relevant experience

Schedule of Offers

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*** THIS SCHEDULE OF OFFERS SHOULD BE THE FIRST PAGE SUBMITTED

WITH YOUR PROPOSAL ***

RFP2025-013

I/we, the undersigned, hereby declare that I/we have reviewed the proposal documents and with full knowledge and understanding of all specifications and conditions contained therein do submit, (in duplicate), our proposal as follows with full understanding that the proposal package in its entirety is made a part of any agreement, contract or order between the City of Kissimmee and the successful bidder.

ITEM NO. DESCRIPTION TOTAL COST

1 City Hearing Officer Services $________________ Hourly Fee

ACKNOWLEDGMENT OF ADDENDA NO.(S) (IF APPLICABLE)

(Signature)

ALL PRICES QUOTED ARE GOOD FOR A PERIOD OF 90 DAYS.

We do not take exception to Specifications.

(initial) We take exception to Specifications as follows:

(initial)

(attach additional sheets, if necessary)

COMPANY NAME _______________________________________

COMPANY ADDRESS _______________________________________

NOTE: OFFERS NOT RECEIVED IN DUPLICATE MAY BE REJECTED.

VENDORS ARE RESPONSIBLE FOR DELIVERY OF THEIR PROPOSALS TO

THE ADDRESS INDICATED ON THE PROPOSAL COVER SHEET PRIOR TO

THE DATE AND TIME SHOWN.

PROPOSALS NOT SO DELIVERED MAY BE REJECTED.

BY: ________________________________ DATE: _________________________

(signature)

________________________________ EMAIL: ________________________

(typed name/title of signer)

TELEPHONE NO.: ( ) ___ FAX NO.: ( )___________________

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*NOTICE*

RFP2025-013

If for some reason you are not participating in this solicitation, PLEASE complete the following and return to:

City of Kissimmee Finance Department 4th Floor Attn: Purchasing Division 101 Church Street Kissimmee, FL 34741

DO NOT return the solicitation package. Failure to respond may result in removal of your firm from our current vendor file.

Company Name: _________________________________ Address: _________________________________

Phone Number: ( )_______________________ Fax Number: ( )_______________________ Continue on Vendor List: Yes No Large Business Small Business Minority Owned

Reason for no response to the solicitation:

Cannot supply at this time Suitable, but engaged in other work Quantity too small Cannot meet required minimum Opening date does not allow sufficient time to complete Equivalent not presently available Other reasons or remarks: ______________________________________________

Signature

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Attachment A

IDENTICAL TIE PROPOSALS

Preference shall be given to businesses with drug-free workplace programs. Whenever two or more proposals, which are equal with respect to price quality and service are received by the state or by any political subdivision for the procurement of commodities or contractual services, a proposal received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. Established procedures for processing tie proposals will be followed if none of the tied vendors have 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, any 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 proposal 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 proposal, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea 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 5 days after such conviction.

5) Impose a sanction on or require the satisfactory participation in a drug abuse assistance or rehabilitation program, if 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's Signature

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Attachment B

Local Vendor Affidavit of Eligibility

This form is to be completed in its entirety by the vendor and submitted along with your bid or quote. Incomplete forms will be rejected for preference evaluation.

State of Florida County of Osceola

Before me on this _____day of ________________20___, personally appeared

(print name)___________________________ being an authorized representative of lawful age, who being by me first duly sworn, on his/her oath, deposes and says:

(print name of company) ____________________________ MEETS ALL CRITERIA AS

REQUIRED BY THE CITY OF KISSIMMEE TO QUALIFY FOR LOCAL VENDOR

PREFERENCE.

Qualification documentation attached.

Signature of Affiant

Typed/Printed Name of Affiant

Address of Affiant

State of Florida County of _____________

Sworn to (or affirmed) and subscribed before me this ____day of _________20__, by

(Signature of Notary Public-State of Florida)

(Print, Type, or Stamp commissioned name of notary public)___personally known or ____ produced identification. Type of identification produced___________________

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Attachment C

REFERENCES: Each Bidder must submit with the bid, three (3) references. References shall be of similar scope of work as the City to whom the Bidder has supplied the same services.

References must be able to attest without reservation to the fact that the Bidder provided the contracted goods/services without a significant problem of any kind.

1. Company Name:

Contact Name:

Contact e-mail:

Contact Phone Number:

Description of Work:

Contact Amount: Contact Start Date:

2. Company Name:

Contact Name:

Contact e-mail:

Contact Phone Number:

Description of Work:

Contact Amount: Contact Start Date:

3. Company Name:

Contact Name:

Contact e-mail:

Contact Phone Number:

Description of Work:

Contact Amount: Contact Start Date:

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AGREEMENT FOR

HEARING OFFICER SERVICES

THIS AGREEMENT is made and entered into this ________ day of _______, 2025 by and between ___________, whose address is ______________, hereinafter referred to as “Hearing Officer,” and the City of Kissimmee, a Florida municipal corporation, whose address is 101 Church Street, Kissimmee, Florida 34741, hereinafter referred to as “City,” collectively hereinafter referred to as the “Parties,” and each represent as follows:

WITNESSETH:

WHEREAS, The Mark Wandall Traffic Safety Act (“The Act”) authorizes local governments to operate a red-light camera enforcement program; and

WHEREAS, The Act provides that local governments may designate a local hearing officer to conduct hearings related to red light camera enforcement; and

WHEREAS, City Code s. 42-22 establishes that the city hearing officer shall hearing contested parking violations; and

WHEREAS, the City Manager has decided that contested noise violations issued by the City’s Police Department shall be heard by the city hearing officer; and

WHEREAS, City desires to retain services of a competent and qualified attorney to provide hearing officer services regarding the matters described above and sensibly oversee such proceedings;

and WHEREAS, pursuant to RFP #________, proposals for the retention of a qualified attorney to perform said services were submitted; and

WHEREAS, City has determined that it is in its best interest to enter into an Agreement to provide the “Scope of Work,” attached hereto as Exhibit “A”; and

WHEREAS, Hearing Officer is competent, qualified and duly authorized to practice law in the State of Florida and desires to provide professional Hearing Officer services to the City for the adjudication of red light camera, parking, and noise violation hearings in accordance with the terms and conditions stated herein; and

NOW THEREFORE, in consideration of the mutual understandings and covenants set forth below, City and Hearing Officer agree as follows:

SECTION 1. SERVICES: In compliance with all terms and conditions of this Agreement, Hearing Officer shall provide those services specified in the “Scope of Services,” attached hereto and incorporated herein as Exhibit “A.” All services are to be performed on an as-needed basis and City reserves the right to cancel any hearing described in the “Scope of Services” as may be necessary by providing advanced written notice to

SAMPLE

~ 13 ~ the Hearing Officer informing of such cancellation(s). As a material inducement to the City entering into this Agreement, Hearing Officer represents and warrants that it has the qualifications and experience necessary to perform the services required by this Agreement. Hearing Officer shall not serve in more than one office in violation of Article II section 5(a) of the Florida Constitution.

SECTION 2. CHANGE IN SCOPE OF SERVICES. City and Hearing Officer may request changes that would increase, decrease, or otherwise modify the Scope of Services (Exhibit “A.”) Such changes must be authorized by the City in writing and duly signed by both Parties.

SECTION 3. PAYMENT FOR BILLING AND SERVICES:

a. In consideration of the promises and the faithful performance by the Hearing Officer of its obligations, City agrees to compensate the Hearing Officer at a rate of $______ per hour for all services authorized and performed

b. Upon review and approval of the Hearing Officer’s invoice, City shall in accordance with the terms set forth in the Local Government Prompt Payment Act, Chapter 218, Part VII of the Florida Statutes, pay Hearing Officer the approved invoiced amount. Payment shall be made payable to Hearing Officer’s law firm, _____________________, located at ____________________.

Questions by City regarding payments owed should be directed to the law firm’s administrator or the Hearing Officer directly. Questions by the Hearing Officer or its law firm should be direct to the City Attorney’s Office.

c. City shall compensate Hearing Officer for the actual work hours required to perform the services pursuant to this Agreement. Actual work hours shall not include travel time associate with any public hearings or other meetings with City. City shall render monthly payments to Hearing Officer or its law firm following receipt, review and approval of invoices. Invoices shall be itemized and include the following specifications:

1. The name and address of the Hearing Officer or its law firm.

2. A complete and accurate time record of services performed by Hearing Officer during the month for which the City is invoiced.

3. A description of the services rendered in (2) above, with sufficient detail to identify the exact nature of the work performed.

4. Such other information that may be requested from the City from time to time in order to process invoices in a timely manner.

5. The original invoice should be sent to:

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City Attorney’s Office, 5th Floor 101 Church Street Kissimmee, Florida

SECTION 4. GENERAL TERMS.

e. City may perform an audit of the records of the Hearing Officer that are directly related to Hearing Officer’s performance under this Agreement at any time during the term of this Agreement and until final close-out of all invoices.

f. Audits may be performed at a time mutually agreeable to Hearing Officer and the City.

g. Hearing Officer agrees to maintain any and all books, documents, papers, accounting records, and other evidence pertaining to services performed under this Agreement in such a manner as will readily conform to the terms of this Agreement and to make such material available at its office at all reasonable times during this Agreement period for five (5) years from the date of final payment under this Agreement for audit or inspection by City. Separate billing records shall be maintained by Hearing Officer for each service authorization.

h. In the event any audit or inspection conducted after final payment but within the five-year record retention, reveals any overpayment by City to Hearing Officer under the terms of this Agreement, Hearing Officer shall refund such overpayment to City within thirty (30) days of notice of same by City to Hearing Officer.

SECTION 5. INSURANCE.

b. Hearing Officer shall provide, pay for and maintain in force at all during the term of this Agreement, such insurance, including malpractice, Workers’ Compensation Insurance and Professional Liability Insurance, as will provide to City the protection contained in the foregoing Indemnification Section undertaken by Hearing Officer.

b. Such policy or policies shall be issued by a company or companies authorized to do business in the State of Florida. All policies required to be carried pursuant to this Section shall provide coverage for any and all claims based on the actions of Hearing Officer in performing services under this Agreement. Any liability policy or policies shall, as a minimum, carry limits of at least Five Hundred Thousand and No/100 Dollars ($500,000.00).

c. Prior to the commencement of work hereunder, Hearing Officer shall furnish to City a certificate or written statement of the above required insurance. The policy or policies evidencing required insurance shall contain an endorsement to the effect that cancellation or any material change in the policies adversely affecting the interests of City in such insurance shall not be effective until thirty (30) days after written notice thereof to City. City reserves the right to require a copy of such policy or policies upon request.

d. The maintenance of the insurance coverage set forth herein shall not be construed to limit nor

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SECTION 6. TERM. This Agreement shall become effective on ____________ and shall run for a period of (2) years from that date. At the option of the City, the Agreement may be renewed for three (3) additional one (1) year periods.

SECTION 7. NO CONTINGENT FEES. Hearing Officer warrants that it has not employed, or retained any company or persons, other than a bona fide employee working solely for the Hearing Officer, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for Hearing Officer, any fee, commission, percentage, gift, or other consideration contingent upon resulting from award of making this Agreement. For the breach of violation of this provision, City shall have the right to immediately terminate this Agreement in its sole discretion, without the right to cure.

SECTION 8. CONFLICT OF INTEREST. Hearing Officer acknowledges and confirms that they have no interest and shall not acquire any interest, directly or indirectly, which would conflict in any manner or degree with the performance of the services hereunder. Hearing Officer further acknowledges that it will neither take any action nor engage in any conduct that would cause any City employee to violate the provisions of Chapter 112, Florida Statutes, relating to ethics in government. In the event that Hearing Officer causes or in any way promoted or encourages a City officer, employee or agent to violate Chapter 112, Florida Statutes, City shall have the right to terminate this Agreement, in its sole discretion, without the right to cure.

SECTION 9. IDEMNIFICATION. The Parties recognize that Hearing Officer is an independent contractor and agrees to assume liability for and indemnify and hold harmless the City, its commissioners, mayor, officers, employees, agents, and attorneys of, from, and against all liability and expense, including reasonable attorney’s fees, in connection with any and all claims, demands, damages, actions, causes of action, and suits in equity of whatever kind or nature, including claims for personal injury, property damage, equitable relief, or loss of use, arising directly or indirectly out of or in connection with any negligent and/or deliberate act or omission of Hearing Officer and its law firm, its officers, employees, agents, and representatives. Hearing Officer’s liability hereunder shall include all attorney’s fees and costs incurred by City in the enforcement of this indemnification provision. This provision includes claims made by any employee of Hearing Officer’s law firm against the City, and Hearing Officer and its law firm hereby waives its entitlement, if any, to immunity under Section 440.11, Florida Statutes. The obligations contained in this provision shall survive termination of this Agreement and shall not be limited by the amount of any insurance required to be obtained or maintained under this Agreement.

SECTION 10. PUBLIC RECORDS. Hearing Officer acknowledges the City’s obligations under Article I, Section 24, of the Florida Constitution and under Chapter 119, Florida Statutes, to release public records to members of the public upon request and that the constitutional and statutory provisions control over the terms of this Agreement. As such, Hearing Officer shall keep and maintain public records required by the

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City to perform the service.

If Hearing Officer has questions regarding the application of Chapter 119, Florida Statutes, to Hearing Officer’s duty to provide public records relating to this Agreement, contact the Custodian of Public Records at 407-518-2308, cityclerkemail@kissimmee.gov and 101 Church Street, Kissimmee, Florida 34741.

a. If the City’s Custodian of Public Records requests records from Hearing Officer, it shall provide the City’s Custodian of Records 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 charged by the City of Kissimmee, as provided in Chapter 119, Florida Statutes or as otherwise provided by law.

b. Hearing Officer shall 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 agreement term and following completion of the Agreement if Hearing Officer does not transfer the records to the City.

c. Upon completion of this Agreement, Hearing Officer shall transfer, at no cost, to the City all public records in possession of Hearing Officer or keep and maintain public records required by the City to perform the service. If Hearing Officer transfers all public records to the City upon completion of the Agreement, Hearing Officer shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If Hearing Officer keeps and maintains public records upon completion of this Agreement, Hearing Officer shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the City, upon request from City’s Custodian of Public Records, in a format that is compatible with the information technology systems of the City. Unless otherwise directed by City, all records will be transferred at the completion of this Agreement.

d. Upon notice to Hearing Officer of a request to inspect or copy public records relating to a City’s agreement for services, the Hearing Officer shall provide the records to the City or allow the records to be inspected or copied within a reasonable time.

e. If Hearing Officer does not comply with the City’s request for records, such failure shall constitute a material breach and this Agreement shall terminate upon written notice by the City.

f. If Hearing Officer fails to provide the public records to City within a reasonable time, it may be subject to penalties under Florida Statutes §119.10

SECTION 11. ASSIGNMENT. This Agreement and any interests herein shall not be assigned, transferred, or otherwise encumbered, under any circumstance, by the Parties hereto without prior written consent of the other Party, and in such cases only by a document of equal dignity herewith.

SECTION 12. SUBCONTRACTOR. In the event Hearing Officer during the course of the work under this Agreement, requires the services of any subcontractor or other professional associates in connection with

~ 17 ~ service covered by this Agreement, Hearing Officer must secure the prior written approval of the City and if such approval is granted, Hearing Officer shall remain fully responsible for the services of subcontractor or other professional associates in performance of this Agreement.

SECTION 13. INDEPENDENT CONTRACTOR. It is agreed that nothing herein contained is intended or should be construed as in any manner as creating or establishing a relationship of co-partners between the Parties or as constituting Hearing Officer (including its officers, employees, and agents), as an agent, representative or employee of City for any purposes or in any manner whatsoever. Hearing Officer is and shall remain an independent Hearing Officer with respect to all services performed under this Agreement.

SECTION 14. TERMINATION.

a. City may, by written notice to Hearing Officer, terminate this Agreement, in whole or in part, either for City’s convenience or because of the failure of the Hearing Officer to fulfill its agreement obligations. Upon receipt of such written notice, the Hearing Officer shall:

1. Immediately discontinue all services to City (unless the notice directs otherwise); and

2. Deliver to City all opinions, data, drawings, specifications, reports, estimates, summaries, and such other information and materials as may have been accumulated by Hearing Officer in performing this Agreement, whether completed or in process.

3. If the termination is for the convenience of City, Hearing Officer shall be paid compensation for services performed to the date of termination on the percentage of work completed. City shall not be obligated to pay for any services performed by Hearing Officer after notice of termination has been given.

4. If the termination is due to the failure of Hearing Officer to fulfill its Agreement obligations, City may take over the work and designate a replacement hearing officer to complete the work and may procure same by Agreement or otherwise. Hearing Officer shall not be liable for such additional costs if the failure to perform the Agreement arises out of causes beyond its control and/or without the fault or negligence of Hearing Officer.

b. Hearing Officer may terminate this Agreement for convenience by providing the City with at least ninety (90) days written notice. Hearing Officer may also terminate this Agreement for non-payment of services rendered by providing City with at least thirty (30) days written notice after Hearing Officer notifies the City that payment is past due.

SECTION 15. HUMAN TRAFFICKING. Hearing Officer shall provide City with the affidavit provided in Exhibit B signed by an officer or representative of Hearing Officer attesting, under penalty of perjury, that Hearing Officer does not use coercion for labor or services as defined by section 787.06, Florida Statutes.

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SECTION 16. ANTITRUST VIOLATOR VENDOR LIST. Pursuant to Section 287.137, Florida Statutes, as may be amended, a person or an affiliate who has been placed on the antitrust violator vendor list (electronically published and updated quarterly by the State of Florida) following a conviction or being held civilly liable for an antitrust violation may not submit a bid, proposal, or reply for any new contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply for a new contract with a public entity for the construction or repair of a public building or public work; may not submit a bid, proposal, or reply on new leases of real property to a public entity;

may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a new contract with a public entity; and may not transact new business with a public entity.

SECTION 17. E-VERIFY. In accordance with Section 448.095, Florida Statutes, Hearing Officer shall register with and utilize the E-Verify System operated by the United States Department of Homeland Security to verify the employment eligibility of all new employees hired during the term of the Agreement and shall expressly require any subcontractors performing work or providing services pursuant to this Agreement to likewise utilize the E-Verify System to verify the employment eligibility of all new employees hired by the subcontractor during the term of this Agreement. If Hearing Officer enters into a contract with a subcontractor performing work or providing services on its behalf, Hearing Officer shall also require the subcontractor to provide an affidavit stating that the subcontractor does not employ, contract with, or subcontract with an unauthorized alien. Hearing Officer shall maintain a copy of such subcontractor affidavit for the duration of the Agreement. Information on registration for and use of the E-Verify System can be obtained via the internet at the Department of Homeland Security website: http://www.dhs.gov/E-Verify.

Hearing Officer shall, upon request, provide evidence of compliance with this provision to City. Failure to comply with this provision is a material breach of this Agreement, and City may choose to terminate the Agreement at its sole discretion.

SECTION 18. SCRUTINIZED COMPANIES CERTIFICATION. By signing this Agreement, Hearing Officer certifies that they are not on the Scrutinized Companies that Boycott Israel List, created pursuant to Section 215.4725, Florida Statutes, or engaged in a boycott of Israel; and, for bids, proposals or contracts for goods or services of one million ($1,000,000) dollars or more, that they are not on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or engaged in business operations in Cuba or Syria, per Section 287.135, Florida Statutes. If City determines, using credible information available to the public, that Hearing Officer has submitted false certification, City shall provide Hearing Officer with written notice of its determination.

Hearing Officer shall have 90 days following receipt of the notice to respond in writing and to demonstrate that the determination of false certification was made in error. Failure to comply with this provision is a material breach of this Agreement, and City may choose to terminate the Agreement at its sole discretion.

SECTION 19. DISCRIMINATORY VENDOR LIST. Hearing Officer hereby acknowledges their continuous duty to disclose to City if Hearing Officer or any of its affiliates, as defined by Section

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287.134(1)(a), Florida Statutes, are placed on the Discriminatory Vendor List. Pursuant to Section 287.134(2)(a),Florida Statutes: “An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity;

may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a 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 entity; and may not transact business with any public entity.”

SECTION 20. FOREIGN GIFTS AND CONTRACTS. Hearing Officer must comply with any applicable disclosure requirements in Section 286.101, Florida Statutes.

SECTION 21. SOCIAL, POLITICAL, OR IDEOLOGICAL FACTORS. Pursuant to Section 287.05701, Florida Statutes, as may be amended, City cannot give preference to a contractor based on contractor’s social, political, or ideological interest.

SECTION 22. FOREIGN COUNTRY OF CONCERN. Hearing Officer represents and warrants that they are not an entity that gives or will give access to an individual’s personal identifying information in violation of Section 287.138, Florida Statutes.

SECTION 23. NOTICES. Whenever either Party desires to give notice to the other, it must be given by written notice, sent by certified United States Mail, return receipt requested. Notice shall be provided to each Party, respectively, as follows:

TO CITY: TO HEARING OFFICER:

City Attorney’s Office, 5th Floor ___________________________ Olga Sanchez de Fuentes, Esq. ___________________________ 101 Church Street ___________________________ Kissimmee, FL 34741

SECTION 24. ENTIRE AGREEMENT.

a. It is understood and agreed that the entire agreement of the Parties is contained herein, and that this Agreement supersedes all oral agreements and negotiations between the Parties related to the subject matter hereof, as well as any previous agreements presently in effect between the Parties to the subject matter hereof.

b. Any alterations, amendments, deletions or waivers of the provisions of Agreement shall be valid only when expressed in writing and duly signed by both Parties.

IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement on the date

~ 20 ~ below written for execution by the City.

HEARING OFFICER

By: ___________________________

Date:__________________________

STATE OF FLORIDA

COUNTY OF _________________________

The foregoing instrument was acknowledged before me this _____ day of _______________, 2025, by means of ☐ physical presence or ☐ online notarization, by _______________as (____________) for _______________, a Florida corporation, who is personally known to me or has produced identification.

Notary Seal: Notary: _________________________ Print Name: _____________________ My Commission Expires: ___________________

CITY OF KISSIMMEE

By: ____________________________ Mayor-Commissioner

Date: ___________________________

ATTEST:

City Clerk

Approved as to form and legality:

City Attorney

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Exhibit “A” Scope of Services

HEARING OFFICER’S SCOPE OF SERVICES

The scope of work to be performed by Hearing Officer consists of but is not limited to the following:

Hearing Officer shall provide services for the City as needed by conducting public hearings of contested red light camera notices of violation, parking violations, and noise violations for the City as needed, make findings of fact based upon the evidence of record, render decisions, execute judgments, and ensure fundamental due process is observed (hereinafter “Services”)..