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HomeMy WebLinkAboutItem 06 Approval to Award Request for Proposals (RFP) #26-002 Special Magistrate Services City of Ocoee ▪ 1 N. Bluford Avenue ▪ Ocoee, Florida 34761 Phone: (407) 905-3100 ▪ www.ocoee.org STAFF REPORT Meeting Date: January 6, 2026 Item #: 6 Contact Name: Shannon Hopper, Joyce Tolbert Department Director: Steven Weber Contact Number: Ext. 1524, Ext. 1516 City Manager: Craig Shadrix Subject: Approval to Award Request for Proposals (RFP) #26-002 Special Magistrate Services. (Procurement Manager Tolbert) Background Summary: In compliance with the City of Ocoee (City) Purchasing code, Ch. 21, sealed proposals were solicited from qualified firms/attorneys to provide special magistrate services one to two days per month to hear matters related to red light camera violations, school zone camera violations, code enforcement violations (commercial), etc. The City's contract for these services concluded in November and a replacement contract is needed. The term of the new contract will be for an initial one (1) year with four (4) separate one (1) year renewable terms. The Special Magistrate will personally perform the duties of the violations hearing special magistrate to hear notices of violations of the City Code, as outlined in the Code for commercial properties. The Special Magistrate shall also hear matters relating to red light camera violations, school zone speed enforcement cameras, code enforcement violations (commercial), and all other matters assigned, unless a conflict of interest exists. Special Magistrate shall prepare and file with the City Manager or designee a written order stating findings and the amount of fine, if applicable. Special Magistrate shall not delegate or assign its rights or obligations hereunder, in whole or in part. Respondent shall be a member in good standing of the Florida Bar. The Request for Proposals publicly advertised on October 26, 2025, and was publicly opened on December 4, 2025. At the bid opening, one (1) proposal was received from Shepard, Smith, Hand & Brackins, P.A. and is attached for your review. The proposal was reviewed by the Finance and Police Departments and was considered responsive. An RFP evaluation committee was appointed and comprised of three members: Vincent L. Ogburn, Sr., Police Chief; Mark Olson, Police Lieutenant; and Bryan Pace, Police Lieutenant. A public RFP Evaluation Committee meeting was held on December 17, 2025, with the Evaluation Committee evaluating and shortlisting the firm on specific evaluation criteria as shown in the attached shortlist and evaluation forms. The evaluation committee recommends awarding the contract to Shepard, Smith, Hand & Brackins, P.A. per the attached award recommendation from the Police Chief. Issue: Should the Honorable Mayor and City Commission award the term contract for RFP #26-002 Special Magistrate Services to Shepard, Smith, Hand & Brackins, P.A. as recommended by the Evaluation Committee? City of Ocoee ▪ 1 N. Bluford Avenue ▪ Ocoee, Florida 34761 Phone: (407) 905-3100 ▪ www.ocoee.org Recommendations: Staff recommends the Honorable Mayor and City Commission: 1.) Award the term contract for RFP #26-002 Special Magistrate Services to Shepard, Smith, Hand & Brackins, P.A.; 2.) Authorize the Mayor, City Clerk, and Staff to execute all necessary contract documents once the required insurance is received; and 3.) Authorize the City Manager to approve Change Orders to the contract up to the limit of his purchasing authority for each change order and up to the budgeted amount each fiscal year. Attachments: 1. Recommendation of Award 2. Shortlist for Award, Evaluation Forms 3. Proposal Checklist 4. Proposal - Shepard, Smith, Hand & Brackins 5. RFP Solicitaiton 6. Addendum 01 Financial Impacts: The annual cost of the contract is funded through 001-521-00-3400 (police services: red light/school zone speed enforcement cameras) and 001-521-40-3101 (Code Enforcement Hearings) as budgeted each fiscal year. The Special Magistrate shall be paid Two Hundred Dollars ($200.00) per hour for services performed under this contract. Type of Item: Consent RFP #26-002 SPECIAL MAGISTRATE SERVICES EVALUATION FORM/SHORTLIST FOR RECOMMENDATION OF AWARD Respondent Shepard, Smith, Hand & Brackins, P.A. Evaluator 1 1 Evaluator 2 1 Evaluator 3 1 TOTAL 3 RANKING 1 The Evaluation Committee recommends award to Shepard, Smith, Hand & Brackins, P.A. RFP #26-002 SPECIAL MAGISTRATE SERVICES 12/4/2025 2:00 P.M. RFP PROPOSAL CHECKLIST Acknowledge Addendum No. 1 Price Proposal Active ✓ $200/hr Shepard, Smith, Hand & Brackins, P.A. ✓ None ✓ RESPONDENT Submission Requirements: Qualifications, References, Schedule & Availability, Litigation Summary Exceptions to Scope or Contract Documents Company Verification Required forms/other documents ✓Florida Bar - Member in good standing 1 Submission in response to The City of Ocoee Request for Proposals RFP #26-002 Special Magistrate Services December 4, 2025 Shepard, Smith, Hand & Brackins P.A. Abigayl Osborne-Liborio 2300 Maitland Center Parkway, Suite 100 Maitland, Florida 32751 Office: 407-622-1772 Fax: 407-326-3349 City of Ocoee RFP 26-002 Special Magistrate Services Shepard, Smith, Hand & Brackins, P.A. Abigayl Osborne-Liborio TABLE OF CONTENTS Description Page No. Section 1: Qualifications ............................................................................................................. 3 Section 2: References .................................................................................................................. 8 Section 3: Schedule and Availability............................................................................................ 9 Section 4: Price Proposal (Exhibit A) ........................................................................................ 10 Section 5: Forms and Other Documentation .............................................................................. 11 Addendum No. One (1) ............................................................................................................. 21 Shepard, Smith, Hand & Brackins, P.A.2 City of Ocoee RFP #26-002 Section 1: Qualifications Firm Qualifications Shepard, Smith, Hand & Brackins, P.A. is a full-service commercial law firm with a specialty in local government law. The Firm currently represents the Cities of Maitland, Apopka, Dunnellon, Edgewood, Flagler Beach, Mount Dora, Mascotte, Dade City, the Towns of Ponce Inlet, Eatonville, Melbourne Beach, and the Village of Highland Park as general counsel in all matters in which legal services are required. The Firm also serves as counsel to the CRAs of Tampa, Fort Myers, Lake Wales and represents special districts and other agencies on specific matters, such as land use and public records litigation. The Firm currently serves as counsel to the Winter Park Housing Authority, and Messrs. Shepard, Smith, Hand, and Brackins serve as local hearing officers. Counties, municipalities, and agencies routinely hire our Firm as special counsel for limited-duration assignments, including litigation. The Firm also has a long history of representing community associations and private clients in commercial litigation, real property, and transactional services. Attorney Andrew Hand previously served as the Special Magistrate Hearing officer for the City of Ocoee for over seven years and left the position on good terms due to personal workload. He recommends Attorney Abigayl Osborne-Liborio to serve in this role now and will provided her counsel. Attorney Drew Smith served the City of Ocoee as Special Counsel assisting the City with contract drafting and review in 2024. Both shareholders are a resource regarding the City. The Firm is owned and managed by Cliff Shepard, Drew Smith, Andrew Hand, and Patrick Brackins. All four shareholders are Board Certified by the Florida Bar in City, County, and Local Government Law. That is not an accident or coincidence. Every attorney who joins the Firm to practice local government law is advised that Board Certification is a prerequisite to becoming a shareholder. To put that in context, approximately 7% of all eligible lawyers in the Florida Bar are Board Certified in their field. Board Certification is only achieved and maintained through heightened requirements of continuing education, exhaustive vetting of one’s background and qualifications, peer review by other Board-Certified lawyers in the field, and examination. We require this because our goal today is the same as it was when we first began practicing in this area: to provide the best legal representation and legal guidance to our clients that we can. Having served many years for many local governments, special districts, and agencies, we have handled a wide range of matters, including land use, code enforcement, contract negotiation, union bargaining, employment actions, litigation, mediation, arbitration, public records and Sunshine Law, and essentially any other matter that our government clients have needed. The Firm and our attorneys have received the following ratings and recognition in the legal community for professional achievement: Shepard, Smith, Hand & Brackins, P.A. •Ranked by Best Lawyers as “Best Law Firms in the United States” •Rated by Martindale-Hubbell as “AV Preeminent,” the highest level of professional excellence. Shepard, Smith, Hand & Brackins, P.A.3 City of Ocoee RFP #26-002 The Firm employs the following seven attorneys and four support staff, all based in our Central Florida office located in Maitland: NAME TITLE FL BAR NO. Clifford B. Shepard Shareholder 508799 D. Andrew “Drew” Smith, III Shareholder 583650 Andrew J. Hand Shareholder 35859 Patrick Brackins Shareholder 0027520 Ryan G. Knight Senior Associate 91503 Holli R. New Associate 1047287 Abigayl Osborne-Liborio Associate 1063226 Edna Rosen Office Manager/ Accountant Brittany LaPoten Operations Manager Danita Goode Legal Assistant Kevin Toolan Legal Assistant Respondent Attorney Qualifications - Abigayl Osborne-Liborio Abigayl Osborne-Liborio graduated from Barry University, Dwayne O. Andreas School of Law, in 2024. While in law school, Abigayl participated in the Collaborative Family Law Clinic and obtained a certificate in Collaborative Family Law. Abigayl received a Bachelor of Science in Criminal Justice from Florida International University in 2017. After graduating, Abigayl gained significant knowledge and experience working in the legal field, focusing primarily on litigation matters including, but not limited to, landlord-tenant disputes, Risk Protection Orders petitioned on behalf of the Cities, foreclosure proceedings, and private business matters. Abigayl was born and raised in South Florida. She has a deep passion for philanthropy and has worked with organizations such as Children’s Miracle Network, Best Buddies, and Autism Speaks. Abigayl is admitted in the United States District Courts for the Middle District of Florida and Southern District of Florida. She is a member in good standing of the Florida Bar and Orange County Bar Association. Abigayl Osborne-Liborio Resume See next page for full resume. Shepard, Smith, Hand & Brackins, P.A.4 City of Ocoee RFP #26-002 Abigayl Osborne-Liborio EXPERIENCE ASSOCIATE Shepard, Smith, Hand & Brackins, P.A. (August 2024 – Present) Assists in the representation of municipal clients and private clients. Regularly prepares and reviews ordinances, resolutions, policies, contracts, leases, and other legal documents. Prepare litigation materials, including pleadings, discovery requests and correspondence. Perform legal research on municipal resolutions and ordinances. Analyze public policy, including proposed legislation and administrative rules, to determine the potential impact on clients. Support clients in navigating the local procurement process. LEGAL SECRETARY Goren, Cherof, Doody & Ezrol P.A. (June 2019 - December 2021) Managed a high volume of litigation files, ensuring accurate and timely organization and retrieval of documents. Coordinated scheduling for court appearances, depositions, and other legal events, ensuring timely preparation and execution. Drafted and edited various legal documents, including pleadings, motions, and correspondence. FILE CLERK/OFFICE ADMINISTRATOR ASSISTANT Goren, Cherof, Doody & Ezrol P.A. (January 2018-May 2019) Maintained both physical and electronic filing systems, including organizing, sorting, and retrieving documents. Assisted Office Administrator with project management, calendar management and inventory control. EDUCATION DWAYNE O. ANDREAS SCHOOL OF LAW AT BARRY UNIVERSITY, ORLANDO  Juris Doctor, 2024 FLORIDA INTERNATIONAL UNIVERSITY  Bachelor of Science, Criminal Justice, 2017 Shepard, Smith, Hand & Brackins, P.A.5 City of Ocoee RFP #26-002 Description of Relevant Experience - Traffic Law and Applicable Florida Statutes While I have not previously served in a role dedicated exclusively to traffic law or its enforcement, my experience as an attorney at a local government firm has provided a strong foundation in statutory interpretation, administrative enforcement processes, and the application of municipal codes. I am prepared to apply that knowledge specifically to the Florida Red Light Standards and Technology, school zone speed enforcement systems, and the provisions of Sections 316.0083 and 316.1896, Florida Statutes, as well as Ocoee City Code Chapter 168, Article III. My legal work routinely involves analyzing regulatory schemes, advising governmental entities, and applying statutory requirements to factual scenarios. I am experienced in conducting thorough legal research, drafting clear and defensible decisions, and ensuring that due process, procedural fairness, and administrative best practices are met. With appropriate mentorship and training, I am confident in my ability to develop subject-matter fluency in these specific traffic enforcement programs quickly. Description of Relevant Experience - Code Enforcement and Applicable Florida Statutes I have experience working with local governments on matters involving ordinance interpretation, compliance issues, and administrative enforcement procedures. This work has equipped me with a strong understanding of how municipalities implement and enforce regulatory codes. While I have not previously handled cases under Chapter 162, Florida Statutes, or Ocoee City Code Chapter 7, I am well-versed in the principles that govern code enforcement, including notice requirements, evidentiary standards, hearing procedures, and the balance between public welfare and property rights. My background in local government and litigation positions me to apply Chapter 162’s statutory framework, assess violations, and issue well-reasoned findings effectively. Statement - Experience as a Member of the Judiciary or as a Special Magistrate I have not previously served as a member of the judiciary or as a Special Magistrate. However, my legal training and professional experience in local government and litigation matters have given me a strong foundation in impartial decision-making, administrative procedure, and statutory analysis all of which are central to the role of a Special Magistrate. I approach all matters with professionalism, neutrality, and attention to due process. I am committed to upholding the integrity of the adjudicatory process and am prepared to serve in a fair, conscientious, and well-reasoned manner. I welcome the opportunity to undertake this role with the benefit of the City’s prior Special Magistrate, Andrew Hand’s guidance to address any of the City’s specific needs in the role of Special Magistrate. Shepard, Smith, Hand & Brackins, P.A.6 City of Ocoee RFP #26-002 Ability to Provide Prompt, Quality Legal Services The Firm and I are dedicated to providing prompt, high-quality legal services that combine efficiency, accuracy, and strategic insight. Timely and effective legal support is essential to achieving our clients’ objectives. The Firm prides itself on delivering responsive counsel tailored to each client’s unique needs. By maintaining open communication, leveraging our extensive experience, and employing a results-driven approach, the Firm ensures that every matter is handled with professionalism. Our commitment to excellence means clients can rely on us for practical solutions, swift action, and the highest standard of legal representation in all matters. No Current, Pending, or Potential Action The Firm confirms that there are no current, pending, or potential disciplinary actions, malpractice claims, or any other similar proceedings filed against the firm or any of its attorneys. To the best of our knowledge, the Firm and its personnel are in good standing with all applicable regulatory and professional bodies. No ethics or disciplinary complaints have been filed against the Firm or any attorney in the law Firm by the Florida Bar Association or any relevant State regulatory agency. Current Clients, Current or Anticipated Litigation with the City Our Firm affirms that, to the best of our knowledge, no current clients are presently involved in, or anticipate becoming involved in, any judicial or administrative litigation against the City of Ocoee, its officers, or its employees. Furthermore, no clients of the firm have, within the past twelve (12) months filed any regulatory applications with the City of Ocoee, nor do we anticipate that any clients will file such applications within the next twelve (12) months. Existing, Potential or Probable Conflicts of Interest No existing, potential, or probable conflicts of interest exist or should arise as a result of the Firm’s representation of the City of Ocoee as Special Magistrate. The Firm does not currently represent any private clients in the City, and no potential conflicts of interest or other ethical considerations are expected regarding any existing client relationships. If representing the City, the Firm would not take on any new clients in which a conflict would be likely to arise. In the unlikely event that a conflict of interest arises, the Firm would immediately notify both clients in writing of the conflict and explain that the Firm could not represent either party in the matter. Shepard, Smith, Hand & Brackins, P.A.7 City of Ocoee RFP #26-002 Section 2: References Tarena Grant Executive Director, Winter Park Housing Authority (407) 645-2869 tgrant@winterparkha.org Contract dates: 8/2018 to present Provide legal guidance to landlords and property managers regarding their rights and obligations under landlord-tenant statutes. Educate WPHA on lease terms, notice requirements, rent issues, habitability standards, security deposits, and eviction procedures. Evaluate and communicate legal risks, potential outcomes, and available remedies. Interpret and apply federal, state, and local housing laws. Prepare pleadings, motions, and other litigation documents and represent WPHA in settlements, negotiations, and any litigation proceedings. Marieke vanErven Acting City Manager, City of Dade City (352) 523-5050 ext. 400 mvanerven@dadecityfl.com Contract dates: 4/2023 to present Draft, review, and revise ordinances, resolutions, contracts, agreements, and administrative policies. Legal research and interpretation of federal, state, and local laws, regulations, and court decisions affecting municipal operations. Provide legal advice to City staff and officials on matters such as land use, public records, open meetings, procurement, personnel, public safety, and other related matters. Draft legal memoranda, opinions, and reports. Radley Williams Interim City Administrator, City of Apopka 407-703-1649 rwilliams@apopka.net Contract dates: 8/2014 to 2022, 6/2023 to present Draft, review, and revise ordinances, resolutions, contracts, agreements, and administrative policies. Legal research and interpretation of federal, state, and local laws, regulations, and court decisions affecting municipal operations. Provide legal advice to City staff and officials on matters such as land use, public records, open meetings, procurement, personnel, public safety, and other related matters. Draft legal memoranda, opinions, and reports. Defend the City in legal disputes, including matters involving land-use matters, public records act. Shepard, Smith, Hand & Brackins, P.A.8 City of Ocoee RFP #26-002 Section 3: Schedule and Availability Ms. Osborne-Liborio confirms that she is available to serve as Special Magistrate one to two days per month (and more, as needed), including related preparation and/or review of and responding to related correspondence. In the unlikely event she is unavailable due to unforeseen circumstances, the rest of the Firm’s six attorneys are also available. The attorneys regularly keep one another informed of any planned outages and proactively plan with staff to make all necessary arrangements to address any contingencies, ensuring that all clients are served effectively. Ms. Osborne-Liborio acknowledges that travel time is not reimbursable. Our office is conveniently located less than 14 miles away with an average drive time of thirty-minutes to The City of Ocoee. Shepard, Smith, Hand & Brackins, P.A.9 City of Ocoee RFP #26-002 Shepard, Smith, Hand & Brackins, P.A.10 City of Ocoee RFP #26-002 Shepard, Smith, Hand & Brackins, P.A.11 City of Ocoee RFP #26-002 Shepard, Smith, Hand & Brackins, P.A.12 City of Ocoee RFP #26-002 Shepard, Smith, Hand & Brackins, P.A.13 City of Ocoee RFP #26-002 Shepard, Smith, Hand & Brackins, P.A.14 City of Ocoee RFP #26-002 Shepard, Smith, Hand & Brackins, P.A.15 City of Ocoee RFP #26-002 Shepard, Smith, Hand & Brackins, P.A.16 City of Ocoee RFP #26-002 Shepard, Smith, Hand & Brackins, P.A.17 City of Ocoee RFP #26-002 Shepard, Smith, Hand & Brackins, P.A.18 City of Ocoee RFP #26-002 Shepard, Smith, Hand & Brackins, P.A.19 City of Ocoee RFP #26-002 Shepard, Smith, Hand & Brackins, P.A.20 City of Ocoee RFP #26-002 Mayor Commissioners Rusty Johnson Scott R. Kennedy, District 1 Rosemary Wilsen, District 2 City Manager Richard Firstner, District 3 Craig Shadrix George Oliver III, District 4 November 13, 2025 ADDENDUM NO. ONE (1) CITY OF OCOEE RFQ #26-002 SPECIAL MAGISTRATE SERVICES This addendum shall modify and become a part of the original RFP Documents. This addendum consists of one (1) page. Respondents should acknowledge receipt of this addendum in the space provided in the RFP Documents. Failure to do so may subject the Respondent to disqualification. The due date has changed. Amendments to the RFP Documents are as follows: 1. REVISED DATES FOR RFP #26-002: Deadline for Receipt of Questions: Tuesday, November 25, 2025, at 2:00 p.m. local time. Submission Deadline: Thursday, December 4, 2025 at 2:00 p.m. local time. Shannon Hopper Shannon Hopper, CPPB Purchasing Technician II cc: Vincent Ogburn, Police Chief Shepard, Smith, Hand & Brackins, P.A.21 City of Ocoee RFP #26-002 CITY OF OCOEE REQUEST FOR PROPOSALS RFP #26-002 SPECIAL MAGISTRATE SERVICES RFP #26-002 Special Magistrate Services 2 TABLE OF CONTENTS RFP #26-002 SPECIAL MAGISTRATE SERVICES RFP DOCUMENTS Section Page Legal Advertisement 3 A. Introduction and General Instructions 4 - 12 B. Insurance Terms & Conditions 13 – 15 SCOPE OF SERVICES, PROPOSAL FORM, AND PROPOSED CONTRACT Section Page C. Scope of Services 16 D. Submittals (Submission Instructions) 16 - 17 E. Time Schedule 17 F. Selection Process 18 G. Evaluation Criteria 18 Exhibit A – Price Proposal Form* 19 Summary of Litigation* 20 Acknowlegement of Addenda* 20 Exceptions to Scope or Contract Documents* 20 Company Information/Signature Sheet* 21 Drug Free Workplace Form* 22 Conflict of Interest Disclosure Form* 23 Non-Collusion Affidavit* 24 Certification of Non-segregated Facilities* 25 Certification Regarding Scrutinized Companies’ Lists* 26 Human Trafficking Affidavit* 27 Company Not an Entity of Foreign Country of Concern* 28 Contractor E-Verify Affidavit* ` 29 Exhibit B - Proposed Contract 30-33 *Submit with Proposal End of Table of Contents RFP #26-002 Special Magistrate Services 3 Request for Proposals, Legal Advertisement The City of Ocoee, Florida (the “City”) is soliciting sealed proposals for RFP #26-002 Special Magistrate Services. Proposals will only be accepted electronically through Bonfire, a free e- Procurement platform, until 2:00 pm, local time, on November 18, 2025. Proposals received after that time or through any other method will not be accepted under any circumstances. Proposals that have been timely received will be publicly opened, virtually online and the name of the responding firms read aloud at that time; instructions will be provided at https://www.ocoee.org/959/Public-Bid-Meetings. All questions regarding this RFP shall be in writing and directed to Shannon Hopper, CPPB, Purchasing Technician II at shopper@ocoee.org AND Olena Stokych, Purchasing Analyst ostokych@ocoee.org OR sent through the questions and answer section of the project file on Bonfire. No pre-proposal conference is scheduled at this time. Prospective respondents may secure a copy of the documents required for submitting a proposal at no charge through Bonfire by accessing the City’s published solicitation page at https://ocoee.bonfirehub.com. For more information, visit https://www.ocoee.org/3 23/Purchasing. Prospective respondents will be provided with all information regarding this RFP, addenda, and changes to the project requirements through the Bonfire platform. Melanie Sibbitt, City Clerk, Orlando Sentinel, October 26, 2025. RFP #26-002 Special Magistrate Services 4 CITY OF OCOEE REQUEST FOR PROPOSALS (RFP) #26-002 SPECIAL MAGISTRATE SERVICES A. INTRODUCTION AND GENERAL INSTRUCTIONS 1. The City of Ocoee, Florida (City) is soliciting sealed proposals from qualified attorneys (Respondent, Firm) interested in providing Special Magistrate Services for the City of Ocoee. Respondent shall be duly licensed to practice law in the state of Florida and a member in good standing of the Florida Bar. 2. The City intends to award a single contract to one (1) respondent deemed to be the most highly qualified to perform the required services. In determining whether a firm is qualified, the City shall consider the Evaluation Criteria set forth in this RFP. Proposals will be reviewed by an evaluation committee appointed by the City Manager for this RFP and will be ranked in accordance with the established evaluation criteria. Date, time, and location of any scheduled evaluation committee meeting(s) for this RFP will be noticed publicly and on Bonfire. The evaluation committee shall supply a ranked list of the proposing firms and a recommendation regarding which firm should be awarded the term contract by the City Commission. The City Commission’s decision to endorse or modify the ranking by staff shall be final. Please be aware that all City Commission meetings are duly noticed public meetings and that all documents submitted to the city as a part of a proposal constitute public records under Florida law. 3. The City is ONLY accepting electronic solicitation responses online through the City’s Euna Procurement/Bonfire platform at https://ocoee.bonfirehub.com. This link can also be accessed through the City’s website at https://www.ocoee.org/323/Purchasing under the Current Open Solicitations menu. All Proposals for this RFP MUST be submitted electronically through the Bonfire Platform. Proposals received in any other format will not be accepted; no paper, fax, or e-mailed submissions will be accepted. There is no charge for prospective respondents to use the Bonfire e-procurement platform. The Bonfire platform’s minimum system requirements: Microsoft Edge, Google Chrome, Safari, or Mozilla Firefox. JavaScript and browser cookies must be enabled. Registration with Bonfire is free and is required prior to submitting a proposal. It is suggested that prospective respondents register no later than 24 hours in advance of the submission deadline to ensure proper registration. For assistance with registering, contact the Bonfire Support Desk by emailing support@gobonfire.com. Support by email is provided Monday to Friday from 8:00 a.m. – 8:00 p.m. EST/EDT. Upon completing the registration with Bonfire, bidders will be able to submit a bid securely, any time before the bid submission deadline, at https://ocoee.bonfirehub.com by clicking “PREPARE YOUR SUBMISSION” under the solicitation. An instructional video is provided for an overview of the submission process. Once the bid has been submitted, the Bidder will receive a date/time stamp confirmation within the Bonfire platform and an email confirmation of the bid submission. Bids submitted on the Bonfire platform will remain locked and inaccessible by City staff until the bid deadline. Bidders are encouraged to allow ample time to upload and submit their Bid as the system will automatically lock upon the bid submission deadline. The actual contract award will be made by the Ocoee City Commission RFP #26-002 Special Magistrate Services 5 at a later date. Please be aware that all City Commission meetings are duly noticed public meetings and documents submitted to the City as a part of a bid constitute public records under Florida law. File Uploads – Submission materials should be prepared in the file formats listed under Requested Information for this opportunity in the Bonfire Platform. The maximum upload file size is 1000 MB. Documents should not be embedded within uploaded files, as the embedded files will not be accessible or evaluated. All electronic files uploaded must be in a common format accessible by software programs the City uses. Those common formats are generally described as Microsoft Word (.doc or .docx), Microsoft Excel (.xls or .xlsx), Microsoft Power Point (.ppt or pptx), or Adobe Portable Document Format (.pdf). Respondents will not secure, password protect or lock uploaded files; the City must be able to open and view the contents of the file. Respondents will not disable or restrict the ability of the City to print the contents of an uploaded file. Scanned documents or images must be of sufficient quality, no less than 150 dpi, to allow for reading or interpreting the words, drawings, images or sketches. The City may disqualify any Submittal Response that does not meet the criteria stated in this paragraph. 4. Deadline for Receipt of Questions: The City will receive questions regarding this RFP only through written inquires directed to Shannon Hopper, CPPB, Purchasing Technician II at shopper@ocoee.org AND Olena Stokych, Purchasing Analyst ostokych@ocoee.org OR through the questions and answer section of the project file on Bonfire until November 11, 2025, 2:00 p.m., local time. Any clarifications/changes will be made by way of written addenda only, issued by Purchasing and posted on Bonfire. Respondents should not contact City staff (with the exception of the Purchasing Technician), City Commission, or other City consultants for information regarding this RFP before the proposal award date. Any contact with any other member of City Staff, City Commission, or its agents during the solicitation, award, and protest period may be grounds for disqualification. 5. Pre-Proposal Conference: None scheduled at this time. 6. Proposal Submission Deadline: Proposals will ONLY be accepted electronically through the Euna Procurement/Bonfire Platform until 2:00 p.m., local time, on November 18, 2025, and a virtual public bid opening will be held at approximately 2:01 pm. or as soon thereafter. The name of the responding firms/individuals will be read aloud at that time. Respondents shall submit one (1) complete electronic copy, preferably in a single file, of their Proposal on Bonfire. Proposals must be received by Bonfire no later than the proposal submission deadline above. It shall be the sole responsibility of the Respondent to have its Proposal uploaded and submitted on the Bonfire Platform prior to the due date and time. Any attempt to submit a Proposal after the submission deadline will not be accepted under any circumstances. Any uncertainty regarding the time a Proposal is received will be resolved against the Respondent. Once available, the meeting link and details on how to access the virtual bid opening will be posted in the project file on Bonfire and also made available on the City’s website at https://www.ocoee.org/959/Public-Bid-Meetings. RFP #26-002 Special Magistrate Services 6 7. All Respondents shall thoroughly examine and become familiar with this RFP package and carefully note the items specifically required for submission of a complete proposal. 8. Submission of a proposal shall constitute an acknowledgment that the Respondent has complied with the instructions of this RFP. The failure or neglect of a Proposer to receive or examine a document shall in no way relieve it from any obligations under its proposal or the contract. No claim for additional compensation will be allowed based upon a lack of knowledge or understanding of any of the contract documents or the scope of services. Proposals shall be in compliance with the contract documents and scope of services. All costs to prepare and submit a Proposal in response to this RFP shall be the responsibility of Respondent; the City shall make no reimbursement of any kind. 9. Any response by the City to a request by a prospective respondent for clarification or correction will be made in the Bonfire project file or in the form of a written addendum which will be distributed via Bonfire. It shall be the responsibility of each Respondent to obtain a copy of all the addenda issued. The City reserves the right to issue addenda concerning the date and time when proposal acceptance shall close at any time up to the date and time set for proposal closing. In case any Respondent fails to acknowledge receipt of any such addendum, its proposal will nevertheless be construed as though the addendum had been received and acknowledged. Submission of a proposal will constitute acknowledgment of the receipt of the RFP Documents and all addenda. Only interpretations or corrections provided by written addenda shall be binding on the City. Respondents are cautioned that any other source by which a Respondent receives information concerning, explaining, or interpreting the RFP Documents shall not bind the City. 10. Any of the following causes may be considered sufficient for the disqualification of a Respondent and rejection of its Proposal: • Submission of more than one (1) proposal for the same work by an individual, firm, partnership, or corporation under the same or different name. For purposes of this subparagraph, firms, partnerships, or corporations under common control may be considered to be the same entity; • Evidence of collusion between or among the Proposers; • Being in arrears on any existing contracts with the City or in litigation with the City, or having defaulted on a previous contract with the City; • Poor, defective, or otherwise unsatisfactory performance of work for the City or any other party on prior projects that, in the City’s judgment and sole discretion, raises doubts as to the Proposer’s ability to properly perform the services; • Failure to comply with state licensing requirements; or • Any other cause that, in the City’s judgment and sole discretion, is sufficient to justify disqualification of Proposer or the rejection of its Proposal. 11. CONVICTED VENDOR LIST (PUBLIC ENTITY CRIME): A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a proposal on an award to provide any goods or services to a public entity, may not submit a proposal on an award with a public entity for the construction or repair of a public building or public work, may not submit proposals on leases of real property to a public entity, may not be awarded or perform work as a Contractor, Supplier, Subcontractor, RFP #26-002 Special Magistrate Services 7 or Consultant under an award with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in section 287.017 for Category Two for a period of 36 months from the date of being placed on the convicted vendor list. [See Florida Statute 287.133 (2) (a).] 12. FLORIDA PUBLIC RECORDS LAW: In accordance with Chapter 119 of the Florida Statutes, and, except as may be provided by Chapter 119 of the Florida Statutes and other applicable State and Federal Laws, all Respondents should be aware that the proposal and the responses thereto are in the public domain and are available for public inspection. Respondents are requested, however, to identify specifically any information contained in their proposal that they consider confidential and/or proprietary and which they believe to be exempt from disclosure, citing specifically the applicable exempting law. All proposals received in response to this request for proposals become the property of the City of Ocoee and will not be returned. In the event of an award, all documentation produced as part of the contract will become the exclusive property of the City. 13. PUBLIC RECORDS COMPLIANCE: The City of Ocoee (the “City”) is a public agency subject to Chapter 119, Florida Statutes. Contractor agrees to comply with Florida’s Public Records Law. Specifically, Contractor shall: 1. Keep and maintain public records required by City to perform the service. 2. Upon request from City’s custodian of public records, provide City with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in chapter 119, Florida Statutes, or as otherwise provided by law. 3. Ensure that public records that are exempt or confidential and exempt from the public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if Contractor does not transfer the records to City. 4. Upon completion of the contract, Contractor agrees to transfer at no cost to City all public records in possession of Contractor or keep and maintain public records required by City to perform the service. If Contractor transfers all public record to City upon completion of the contract, Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If Contractor keeps and maintains public records upon completion of the contract, Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to City, upon request from City’s custodian of public records, in a format that is compatible with the information technology systems of City. 5. A Contractor who fails to provide the public records to City within a reasonable time may be subject to penalties under section 119.10, Florida Statutes. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT 407-905-3105, ccdl@ocoee.org, WITH AN RFP #26-002 Special Magistrate Services 8 OFFICE LOCATED AT 1 NORTH BLUFORD AVENUE, OCOEE, FLORIDA 34761. 14. Except as otherwise provided, the successful Proposer agrees to indemnify the City and its officers, agents, and employees against liability, including costs and expenses, for infringement upon any letters patent of the United States arising out of the performance of this contract. Further, the Proposer shall fully indemnify, defend, and hold harmless the City and its officers, agents, and employees from any suits, actions, damages, and costs of every name and description, including attorneys’ fees, arising from or relating to violation or infringement of a trademark, copyright, patent, trade secret, unpatented invention, or intellectual property right. If the Proposer uses any design, device, or materials covered by letters, patent, or copyright, it is mutually agreed and understood without exception that the proposal price shall include all royalties or cost arising from the use of such design, device, or materials. 15. PROHIBITION AGAINST CONSIDERING SOCIAL, POLITICAL OR IDEOLOGICAL INTERESTS IN GOVERNMENT CONTRACTING: Bidders are hereby notified of the provisions of section 287.05701, Florida Statutes, as amended, that the City will not request documentation of or consider a Bidder's social, political, or ideological interests when determining if the Bidder is a responsible Bidder. Bidders are further notified that the City's governing body may not give preference to a Bidder based on the Bidder's social, political, or ideological interests. 16. ACCEPTANCE AND AWARD: The City reserves the right to accept or reject any or all proposals, to waive formalities, technicalities or irregularities, to request clarification of information submitted in any proposal, or to re-advertise for new proposals. The City may accept any item or group of items of any proposal, unless the Proposer qualifies its proposal by specific limitations. The City may accept one or more proposals if, in the City’s discretion, the City determines that it is in the City’s best interest to do so. The City reserves the right to award the contract to the Proposer which, in the City’s sole discretion, is the most responsive and responsible Proposer. The City reserves the right, as an aid in determining which proposal is responsible, to require a Proposer to submit such additional evidence of Proposer’s qualifications as the City may deem necessary, and may consider any evidence available to the City regarding the financial, technical, and other qualifications and abilities of a Proposer, including past performance (experience) with others. The City Commission shall be the final authority in the selection of any and all proposals for acceptance and award. RFP #26-002 Special Magistrate Services 9 17. BID PROTESTS All bid protests shall be submitted to the purchasing agent (Shannon Hopper, CPPB at shopper@ocoee.org with a copy to the Joyce Tolbert, CPPB, NIGP-CPP, Procurement Manager at jtolbert@ocoee.org) in the following manner: A. A bidder shall file a written bid protest under this Article or be barred any relief; oral protests shall not be acknowledged. B. A bid protest shall be limited to the following grounds: (1) Issues arising from the procurement provisions of the RFP, its addenda, and other bidding documents; and/or (2) Applicable federal, state, or local law. No bid protest may be based upon questions concerning the design documents (drawings and specifications), if any. The Respondent shall clarify all questions concerning the design documents of the project prior to submitting its bid. C. The content of the bid protest shall fully state the factual and legal grounds for the protest and the legal basis for the relief requested. D. The bid protest shall be filed with the purchasing agent not later than five (5) calendar days after the posting of the notice of intent to award or recommendation of award by staff, whichever is earlier. E. The purchasing agent, on behalf of the City, shall make a determination of the merits of the protest not later than five (5) business days after receipt of the protest. If the City denies the protest, the City may proceed with award of the contract unless enjoined by order of a court of competent jurisdiction. 18. DRUG-FREE WORKPLACE Provide a statement concerning the Proposer’s status as a Drug-Free Work Place or evidence of an implemented drug-free workplace program. Submit the attached form with proposal. 19. CERTIFICATION OF NON-SEGREGATED FACILITIES a) Respondent certifies that it does not and will not maintain or provide any segregated facilities for the Respondent’s employees at any of the Respondent’s establishments, and that Respondent does not permit Respondent’s employees to perform their services at any location under the Respondent’s control where segregated facilities are maintained. Respondent agrees that a breach of this certification will be a violation of the Equal Opportunity clause in any contract resulting from acceptance of its Proposal. As used in this certification, the term “segregated facilities” means any waiting room, work areas, time clocks, locker rooms, other storage and dressing areas, parking lots, or drinking facilities provided for employees that are segregated on the basis of race, color, religion, national origin, habit, local custom, or otherwise. Respondent agrees that (except where Respondent has obtained identical certification from proposed contractors for specific time periods) Respondent will obtain identical certifications from proposed subcontractors prior to the award of such contracts exceeding $10,000 that are not exempt from the provisions of the Equal Opportunity clause, and that Respondent will retain such certifications in Respondent’s files. b) The non-discriminatory guidelines as promulgated in Section 202, Executive Order 11246, and as amended by Executive Order 11375 and as amended, relative to Equal Opportunity for all persons and implementations of rules and regulations prescribed by the U.S. Secretary of labor, are incorporated herein. RFP #26-002 Special Magistrate Services 10 20. CONFLICT OF INTEREST/NON-COLLUSION CERTIFICATION: Respondent declares by submission of a Proposal that the only persons, or parties interested in their Proposal are those named herein, that this Proposal is, in all respects, fair and without fraud and that it is made without collusion with any other vendor or official of the City of Ocoee. Neither the Affiant nor the above-named entity has directly or indirectly entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive pricing in connection with the entity’s submittal for the above project. This statement restricts the discussion of pricing data until the completion of negotiations and execution of the contract for the described services. Respondent certifies that no City Commissioner, other City Official or City employee directly or indirectly owns assets or capital stock of the bidding entity, nor will directly or indirectly benefit by the profits or emoluments of this Proposal. (For purposes of this paragraph, indirect ownership or benefit does not include ownership or benefit by a spouse or minor child.) Respondent certifies that no member of the entity’s ownership or management is presently applying for an employee position or actively seeking an elected position with the City. In the event that a conflict of interest is identified in the provision of services, Respondent agrees to immediately notify the City in writing. Submit attached form with Proposal. Respondent further declares that a careful examination of the scope of services, instructions, and terms and conditions of this RFP has occurred, and that the Proposal is made according to the provisions of the RFP Documents, and will meet or exceed the scope of services, requirements, and standards contained in the RFP Documents. Respondent agrees to abide by all conditions of the negotiation process. In conducting negotiations with the City, Respondent offers and agrees that if this negotiation is accepted, Respondent will convey, sell, assign, or transfer to the City all rights, title, and interest in and to all causes of action it may now or hereafter acquire under the anti-trust laws of the United States and the State of Florida for price fixing relating to the particular commodities or services purchased or acquired by the City. At the City’s discretion, such assignment shall be made and become effective at the time the City tenders final payment to the Respondent. The Proposal constitutes a firm and binding offer by the Respondent to perform the services as stated. Submit attached form with Proposal. 21. PUBLIC ENTITY CRIME STATEMENT: All invitations to bid, as defined by Section 287.012(16), Florida Statutes, requests for proposals, as defined by Section 287.012(23), Florida Statutes, and any contract document described by Section 287.058, Florida Statutes, shall contain a statement informing persons of the provisions of paragraph (2)(a) of Section 287.133, Florida Statutes, which reads as follows: “A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit bid, proposal, or reply on a contract with a public entity for the construction or repair of public building or public work; may not submit bids, proposals or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public RFP #26-002 Special Magistrate Services 11 entity; and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017 for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list.” All Respondents that submit a Bid or Proposal to the City of Ocoee are guaranteeing they have read the previous statement and by signing the submitted documents are qualified to do so under Section 287.133, (2)(a), Florida Statutes. 22. HUMAN TRAFFICKING Pursuant to Florida Statute, §787.06(13), when a contract is executed, renewed, or extended between a nongovernmental entity and a governmental entity, the nongovernmental entity must provide the governmental entity with an affidavit signed by an officer or a representative of the nongovernmental entity under penalty of perjury attesting that the nongovernmental entity does not use coercion for labor or services as defined in §787.06(2)(a) Florida Statutes. Submit attached affidavit with Proposal. 23. FOREIGN COUNTRIES OF CONCERN Pursuant to Florida Statute 287.138(4)(a), a governmental entity may not accept a bid on, a proposal for, or a reply to, or enter into, a contract with an entity which would grant the entity access to an individual’s personal identifying information unless the entity provides the governmental entity with an affidavit signed by an officer or representative of the entity under penalty of perjury attesting that the entity does not meet any of the criteria in Florida Statute 287.138(2)(a)-(c). Submit attached affidavit with Proposal. 24. E-VERIFY By entering into this Contract, the awarded Contractor is obligated to comply with the provisions of § 448.095, Fla. Stat., "Employment Eligibility." This includes, but is not limited to utilization of the E-Verify System to verify the work authorization status of all newly hired employees, and requiring all subcontractors to provide an affidavit attesting that the subcontractor does not employ, contract with, or subcontract with, an alien unauthorized to work in the USA. Failure to comply will lead to termination of this contract, or if a subcontractor knowingly violates the statute, the subcontractor must be terminated immediately. If the Contract is terminated pursuant to Section 448.095, Fla. Stat., such termination is not a breach of contract and may not be considered as such. Any challenge to termination under this provision must be filed in the Ninth Judicial Circuit Court of Florida no later than 20 calendar days after the date of termination. If the Contract is terminated for a violation of Section 448.095 Fla. Stat., by the Contractor, the Contractor shall be liable for any additional costs incurred by the City as a result of the termination of the Contract. Nothing in the E-Verify Certification shall be construed to allow intentional discrimination of any class protected by law. E-VERIFY REGISTRATION AND USE. A. Pursuant to section 448.095, Florida Statutes, Contractor shall register with and use the U.S. Department of Homeland Security's E-Verify system, https://e- verify.uscis.gov/emp, to verify the work authorization status of all Contractor employees hired on and after January 1, 2021. B. Subcontractors (i) Contractor shall also require all subcontractors performing work under this RFP #26-002 Special Magistrate Services 12 Agreement to use the E-Verify system for any employees they may hire during the term of this Agreement. (ii) Contractor shall obtain from all such subcontractors an affidavit stating the subcontractor does not employ, contract with, or subcontract with an unauthorized alien, as defined in section 448.095, Florida Statutes. (iii) Contractor shall maintain a copy of all subcontractor affidavits for the duration of the Agreement. C. Contractor must provide evidence of compliance with section 448.095, Florida Statutes. Evidence shall consist of an affidavit from the Contractor stating all employees hired on and after January 1, 2021 have had their work authorization status verified through the E-Verify system and a copy of their proof of registration in the E-Verify system. D. Failure to comply with this provision is a material breach of the Agreement and shall result in the immediate termination of the Agreement without penalty to the City. Contractor shall be liable for all costs incurred by the City to secure a replacement Agreement, including but not limited to, any increased costs for the same services, any costs due to delay, and rebidding costs, if applicable. Submit attached affidavit with Proposal 25. WORK ASSIGNMENT PROCEDURES The City shall issue purchase orders under the continuing contract. Invoicing for completed work shall reference the purchase order number, and be submitted to the Police Department for processing, with a copy to: Accounts Payable Finance Department City of Ocoee 1 N. Bluford Avenue Ocoee, Florida 34761 (Remainder of page intentionally left blank.) RFP #26-002 Special Magistrate Services 13 B. STANDARD INSURANCE REQUIREMENTS: The successful Respondent shall not commence any work in connection with an Agreement until all of the following types of insurance have been obtained and such insurance has been approved by the City, nor shall the Contractor allow any Subcontractor to commence work on a subcontract until all similar insurance required of the subcontractor has been so obtained and approved. Policies other than Workers’ Compensation shall be issued only by companies authorized by subsisting certificates of authority issued to the companies by the Department of Insurance of Florida which maintain a Best’s Rating of “A” or better and a Financial Size Category of “VII” or better according to the A.M. Best Company. Policies for Workers’ Compensation may be issued by companies authorized as a group self-insurer by Ch. 440, Florida Statutes. a) Loss Deductible Clause: The City shall be exempt from, and in no way liable for, any sums of money which may represent a deductible in any insurance policy. The payment of such deductible shall be the sole responsibility of the General Contractor and/or subcontractor providing such insurance. b) Workers’ Compensation Insurance: The Contractor shall obtain during the life of this Agreement, Worker’s Compensation Insurance with Employer’s Liability Limits of $500,000/$500,000/$500,000 for all the Contractor’s employees connected with the work of this project and, in the event any work is sublet, the Contractor shall require the subcontractor similarly to provide Workers’ Compensation Insurance for all of the latter’s employees unless such employees are covered by the protection afforded by the Contractor. Such insurance shall comply fully with the Florida Workers’ Compensation Law. In case any class of employees engaged in hazardous work under this contract for the City is not protected under the Workers’ Compensation statute, the Contractor shall provide, and cause each subcontractor to provide adequate insurance, satisfactory to the City, for the protection of the Contractor’s employees not otherwise protected. ▪ Include Waiver of Subrogation in favor of the City of Ocoee c) Contractor’s Public Liability and Property Damage Insurance: The Contractor shall obtain during the life of this Agreement COMMERCIAL AUTOMOBILE COVERAGE, this policy should name the City of Ocoee as an additional insured, and shall protect the Contractor and the City from claims for damage for personal injury, including accidental death, as well as claims for property damages which may arise from operations under this Agreement whether such operations be by the Contractor or by anyone directly or indirectly employed by the Contractor, and the amounts of such insurance shall be the minimum limits as follows: 1) Automobile Bodily Injury Liability & Property Damage Liability ▪ $1,000,000 Combined single limit per occurrence (each person, each accident) ▪ All covered automobile will be covered via symbol 1 ▪ Liability coverage will include hired & non-owned automobile liability ▪ Include Waiver of Subrogation in favor of The City of Ocoee 2) Comprehensive General Liability (Occurrence Form) - this policy should name the City of Ocoee as an additional insured and should indicate that the insurance of the Contractor is primary and non-contributory. ▪ $2,000,000 GENERAL AGGREGATE ▪ $1,000,000 PER OCCURRENCE ▪ $1,000,000 PERSONAL & ADVERTISING INJURY ▪ Include Waiver of Subrogation in favor of the City of Ocoee 3) Subcontractor’s Comprehensive General Liability, Automobile Liability and Worker’s Compensation Insurance: The Contractor shall require each subcontractor to procure and maintain during the life of this subcontract, insurance of the type specified above or insure the activities of these subcontractors in the Contractor’s policy, as specified above. 4) Owner’s Protective Liability Insurance: As applicable for construction projects, providing coverage for the named insured’s liability that arises out of operations performed for the named RFP #26-002 Special Magistrate Services 14 insured by independent contractors and are directly imposed because of the named insured’s general supervision of the independent contractor. The Contractor shall procure and furnish an Owner’s Protective Liability Insurance Policy with the following limits: $1,000,000, and per occurrence, $2,000,000. Aggregate and naming the City of Ocoee as the Named Insured. 5) Contractual Liability: If the project is not bonded, the Contractor’s insurance shall also include contractual liability coverage to insure the fulfillment of the contract. NOTE: FOR PUBLIC LIABILITY INSURANCE AND AUTOMOBILE LIABILITY INSURANCE, THE CITY SHALL BE NAMED AS ADDITIONAL INSURED. ▪ $1,000,000 PER OCCURRENCE ▪ $2,000,000 AGGREGATE 6) Commercial Umbrella: ▪ $1,000,000 PER OCCURRENCE ▪ $2,000,000 Aggregate ▪ Including Employer’s Liability and Contractual Liability 7) Builders Risk: (Not applicable) ▪ $100,000 Any (1) Location ▪ $1,000,000 Any (1) Occurrence 8) Certificates of Insurance: Certificate of Insurance Form (see sample on next page), naming the City of Ocoee as an additional insured will be furnished by the Contractor upon notice of award. These shall be completed by the authorized Resident Agent and returned to the Office of the Purchasing Agent. This certificate shall be dated and show: i) The name of the Insured contractor, the name of the insurer, the number of the policy, its effective date, its termination date. ii) Statement that the Insurer shall mail notice to the Owner at least thirty (30) days prior to any material changes in provisions or cancellation of the policy, except ten (10) days written notice of cancellation for non-payment of premium. (Remainder of page intentionally left blank.) RFP #26-002 Special Magistrate Services 15 RFP #26-002 Special Magistrate Services 16 C. SCOPE OF SERVICES The Special Magistrate agrees to personally perform the duties of the violations hearing special magistrate to hear notices of violations of the City Code, as outlined in the Code. The Special Magistrate shall also hear matters relating to red light cameras violations, school zone speed enforcement cameras, Code Enforcement violations, and all other matters assigned, unless a conflict of interest exists. Special Magistrate shall prepare and file with the City Manager or designee a written order stating findings and the amount of fine, if applicable. Special Magistrate shall not delegate or assign its rights or obligations hereunder in whole or in part. The City shall provide an appropriate location to conduct the proceedings. The City shall also provide staff to operate a recording device, schedule hearings, and perform the administrative tasks related to the hearings. All office and overhead expenses not provided by the City including, but not limited to, travel, shall be borne by the Special Magistrate. Special Magistrate may perform legal work for other clients in his/her private practice so long as it does not conflict with Special Magistrate’s obligations under this Agreement. Special Magistrate shall promptly notify the City of any conflicts or other reason which Special Magistrate feels would make it inappropriate for him/her to decide a case. D. SUBMITTALS Submissions should be limited to a total of forty (40) 8.5” x 11” pages, 12-point font, if possible. The page limit applies to the material contained in Sections 1, 2, and 3 of the proposal, as described below. The person signing the proposal on behalf of the Respondent shall have the legal authority to bind the Respondent to the submitted proposal. Proposals submitted in response to this RFP should be designed to portray to the City how Respondent’s services can best match the knowledge, skills, and abilities suggested by the anticipated Scope of Services above. In order for the City to evaluate each Proposal, Respondents should provide information related to their ability to provide the services that will best meet the needs of the City. The submission materials include the following: Section 1: Qualifications • The name, resume and Florida Bar number of the Respondent with a statement that the Respondent is in good standing with the Florida Bar. • A description of relevant experience and expertise in the area of traffic law and knowledge and/or experience with Florida Red Light Standards and Technology, Florida school zone speed enforcement cameras, the provisions of Section 316.0083, and 316.1896 Florida Statutes, and Ocoee City Code Chapter 168, Article III. • A description of relevant experience and expertise in the area of Code Enforcement Violations, the provisions of Chapter 162, Florida Statutes and Ocoee City Code Chapter 7. • A statement related to the experience of the Respondent as a member of the judiciary or as a Special Magistrate. • A statement describing the ability to provide prompt, quality legal services. RFP #26-002 Special Magistrate Services 17 • A statement disclosing any current, pending or potential disciplinary action or malpractice claims or other like proceeding against the firm. List any partner or associate of the firm that is involved in such action or claim. • Without breaching client confidentiality, a statement indicating whether any clients are currently involved or anticipating being involved in judicial or administrative litigation with the City (or its officers or employees) and whether any firm clients have filed in the past twelve months or anticipate filing in the next twelve months any form of regulatory application with the City. • Without breaching client confidentiality, a description of any existing, potential or probable conflicts of interest which exist, or which may arise for the firm during the term of the contract. Section 2: References • List of at least three (3) client references with other public or private agencies and include a description of the work performed, contract dates, the awarding agency’s name, the point of contact, telephone number(s), and e-mail address. Section 3: Schedule and Availability • Provide confirmation that Respondent is available to serve as the Special Magistrate one to two days per month and that the Respondent acknowledges that travel time to and from the City is not reimbursable. • Location of office and approximate distance (in miles) and time (in hours) to Ocoee City Hall. Section 4 – Price Proposal (Exhibit A) • Exhibit A (Any proposal submitted without a price proposal will be deemed non- responsive.) Section 5: Forms and Other Documentation (not included against page count) • Summary of Litigation, Acknowledgement of Addenda, Exceptions to Scope or Contract • Forms listed on Table of Contents as to be submitted with your proposal. E. TIME SCHEDULE The anticipated schedule of events related to this solicitation is: Date of RFP Request for Proposals published 16 days later Last day for questions 23 days later Statements of qualification are due 30 days later Proposals distributed to evaluation committee 39 days later Evaluation committee meeting held Commission meeting date TBD Recommendation of Award to City Commission Dates are estimated and are subject to change at the City’s discretion. RFP #26-002 Special Magistrate Services 18 F. SELECTION PROCESS A City evaluation committee will review and evaluate each Respondent’s submittal and will short-list and recommend to the City Commission one (1) firm to perform the required services. The City reserves the right, before awarding the contract, to require a Respondent to submit such evidence of its qualifications, as the City may deem necessary and/or may require oral presentations or interviews of firms. The City Commission shall be the sole judge of the competency of Respondents. All Respondents shall be notified via Bonfire or other means of staff’s recommended ranking of firms to the City Commission. The City Commission’s decision to endorse or modify the ranking by staff shall be final. The successful Respondent shall be required to execute an agreement which provides, among other things, that any plans, drawings, reports, and specifications that result from Respondent’s services shall become the property of the City. Upon the successful negotiation of an agreement, a formal contract will be prepared and subsequently executed by both parties. G. EVALUATION CRITERIA The criteria for making an aware recommendation are as follows: EVALUATION CRITERIA MAXIMUM POINTS 1. Experience and References of Respondent Professional qualifications 40 2. Availability to meet schedule and availability requirements Current work schedule and availability of Respondent 20 3. Respondent’s understanding of the requested services Quality of submittal 30 4. Price Proposal 10 TOTAL POSSIBLE POINTS 100 Information supplied by client references may be used in determining the relative mertits of a respondent under any and all of the above criteria. RFP #26-002 Special Magistrate Services 19 EXHIBIT A RFP 26-002 SPECIAL MAGISTRATE SERVICES PRICE PROPOSAL FORM Respondents must complete and submit this Price Proposal Form as part of the proposal package. SERVICE DESCRIPTION HOURLY RATE Special Magistrate Services per RFP 26-002 Scope of Services $ /hour Respondent: ____________________________ Authorized Signature: Printed Name: ____________________________ Date: RFP #26-002 Special Magistrate Services 20 SUMMARY OF LITIGATION: Provide a summary of any litigation, claim(s), proposal disputes, or contract dispute(s) filed by or against the Respondent in the past five (5) years that is related to the services that the Respondent provides in the regular course of business. The summary shall state the nature of the litigation, claim, or contact dispute, a brief description of the case, the outcome or projected outcome, and the monetary amounts involved. If none, please so state. (Attach additional sheets, if necessary) _______________________________________________________________________ _______________________________________________________________________ _______________________________________________________________________ _______________________________________________________________________ _______________________________________________________________________ ___________________________________________________________ ACKNOWLEDGMENT OF ADDENDA: Respondent acknowledges receipt of the following addenda: No._____________ Dated _____________________ No._____________ Dated _____________________ No._____________ Dated _____________________ No._____________ Dated _____________________ EXCEPTIONS: Does Respondent have any Exceptions to the Scope of Work or terms of the Contract Documents? Yes _____ No ______ List any exceptions Respondent has to this scope of work or contract terms. Exceptions will not be considered after the bid has been awarded. The City reserves the right to accept or reject any requested exceptions. If Respondent leaves this question blank, Respondent agrees it has no exceptions. RFP #26-002 Special Magistrate Services 21 COMPANY INFORMATION/SIGNATURE SHEET FAILURE TO COMPLY WITH THE RFP INSTRUCTIONS MAY RESULT IN DISQUALIFICATION OF YOUR PROPOSAL. SIGN BELOW ATTESTING YOU HAVE READ AND UNDERSTAND ALL RFP INSTRUCTIONS. THE PERSON SIGNING THIS FORM SHOULD HAVE THE LEGAL AUTHORITY TO BIND THE COMPANY IN A LEGAL CONTRACT. __________________________________ __________________________________ COMPANY NAME TELEPHONE (INCLUDE AREA CODE) __________________________________ E-MAIL ADDRESS _________________________________ IF REMITTANCE ADDRESS IS DIFFERENT AUTHORIZED SIGNATURE (manual) FROM PURCHASE ORDER ADDRESS, PLEASE INDICATE BELOW: ________________________________ NAME/TITLE (PLEASE PRINT) ___________________________________ ________________________________ ___________________________________ STREET ADDRESS ________________________________ CITY STATE ZIP FEDERAL ID #___________________ _____Individual _____Corporation _____Partnership _____Other (Specify)______________ STATE OF COUNTY OF Sworn to and subscribed before me by means of ☐ physical presence or ☐ online notarization this ________day of ____________________, 20____. Personally Known___________ or Produced Identification_________ ____________________________ (Type of Identification) ___________________________ Signature of Notary Public ___________________________ Printed, Typed or Stamped Commissioned Name of Notary Public RFP #26-002 Special Magistrate Services 22 DRUG-FREE WORKPLACE CERTIFICATION The undersigned Bidder, in accordance with Florida Statute 287.087 , hereby certifies that it has a drug-free workplace program. In order to have a drug-free workplace program, a business shall: 1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, and available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4. In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any con viction of, or pleas of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program is such is available in the employee's community, by any employee who is so convicted. 6. Make a good faith effort to continue to maintain a drug -free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. Bidder: Signature By: (Print or Type Name) Title: Date: RFP #26-002 Special Magistrate Services 23 CONFLICT OF INTEREST DISCLOSURE FORM Award of this contract is subject to the provisions of Chapter 112, Florida Statutes, and all applicable federal, state, and local laws. All Bidders must disclose within their bid: the name of any City of Ocoee employee, Mayor or City Commissioner, other City Official, or City Consultants, who owns assets or capital stock, directly or indirectly, in the Bidder’s firm or any of its branches, or would directly or indirectly benefit by the profits or emoluments of this Bid. (Indirect ownership or benefit applies to any members of his or her immediate family.) Bidder certifies that no member of the entity’s ownership or management is presently applying for an employee position or actively seeking an elected position with the City. In the event that a conflict of interest is identified in the provision of services, Bidder agrees to immediately notify the City in writing. The purpose of this disclosure form is to give the City the information needed to identify potential conflicts of interest for the City Commission, Staff, and other key City employees and consultants involved in the award and administration of this contract. According to Chapter 112, Florida Statutes, the term “conflict of interest” “means a situation in which regard for a private interest tends to lead to disregard of a public duty or interest”, and refers to situations in which financial or other personal considerations may adversely affect, or have the appearance of adversely affecting, an employee’s professional judgment in exercising any City duty or responsibility in administration, management, instruction, research, or other professional activities. Please check one of the following statements and attach additional documentation if necessary: ____ To the best of our knowledge, the undersigned firm has no potential conflict of interest for this RFP. ____ The undersigned firm, by attachment to this form, submits information which may be a potential conflict of interest for this RFP. Acknowledged by: Firm Name Signature Name and Title (Print or Type) Date RFP #26-002 Special Magistrate Services 24 NON-COLLUSION AFFIDAVIT , being first duly sworn deposes and says: 1. He/She is the (Owner, Partner, Office, Representative or Agent) of , the Bidder that has submitted the attached Bid; 2. He/She is fully informed respecting the preparation and contents of the attached Bid and of all pertinent circumstances respecting such Bid; 3. Such Bid is genuine and is not a collusive or sham Bid; 4. Neither the said Bidder nor any of its officers, partners, owners, agents, representatives, employees, or parties in interest, including this affidavit, have in any way, colluded, conspired, connived or agreed, directly or indirectly, with any other Bidde r, firm or person to submit a collusive or sham Bid in connection with the Contract for which the attached Bid has been submitted; or to refrains from bidding in connection with such Contract; or have in any manner, directly or indirectly, sought by agreement or collusion, or communication, or conference with any Bidder, firm, or person to fix the price or prices in the attached Bid or of any other Bidder, or to fix any overhead, profit, or cost elements of the Bid price or the Bid price in any other Bidd er, or to secure through any collusion, conspiracy, connivance, or unlawful agreement any advantage against (Recipient), or any person interested in the proposed Contract; 5. The price or prices quoted in the attached Bid are fair and proper and are not tainted by any collusion, conspiracy, connivance, or unlawful agreement on the part of the Bidder or any other of its agents, representatives, owners, employees or parties in i nterest, including this affidavit. By: Title: STATE OF COUNTY OF Sworn to and subscribed before me by means of ☐ physical presence or ☐ online notarization, this ____ day of ____________, 202___, by ___________________ who ☐ is personally known to me or ☐ has presented _________________ as identification. Notary Public My Commission Expires: RFP #26-002 Special Magistrate Services 25 CERTIFICATION OF NONSEGREGATED FACILITIES Bidder certifies that he/she does not maintain or provide for its employees any segregated facilities at any of its establishments, and that employees are not permitted to perform their services at any location, under this control, where segregated facilities are maintained. Bidder certifies further that it will not maintain or provide for employees any segregated facilities at any of its establishments, and that Bidder will not permit its employees to perform their services at any location under Bidder’s control where segregated facilities are maintained. Bidder agrees that a breach of this certification will be a violation of the Equal Opportunity clause in any contract resulting from acceptance of this Bid. As used in this certification, the term "segrega ted facilities" means any waiting rooms, work areas, restrooms and washrooms, restaurants and other eating areas, time clocks, locker rooms and other storage and dressing areas, parking lots, drinking fountains, recreation or entertainment area, transporta tion, and housing facilities provided for employees on the basis of race, color, religion, or national origin, because of habit, local custom, or otherwise. Bidder agrees that (except where Bidder has obtained identical certification from proposed subcontractors for specific time periods) Bidder will obtain identical certifications from proposed subcontractors, if any, prior to the award of subcontracts exceeding $10,000 which are not exempt from the provisions of the Equal Opportunity clause, and that Bidder will retain such certifications in its files. The nondiscriminatory guidelines as promulgated in Section 202, Executive Order 11246, and as amended by Executive Order 11375 and as amended, relative to Equal Opportunity for all persons and implementations of rules and regulations prescribed by the Unit ed States Secretary of Labor are incorporated herein. The penalty for making false statements in offers is prescribed in 18 U.S.C. 1001. Date , 20___. By: (Title) Official Address (including Zip Code): RFP #26-002 Special Magistrate Services 26 CERTIFICATION REGARDING SCRUTINIZED COMPANIES’ LISTS Bidder certifies that the company is not participating in a boycott of Israel. Bidder certifies that Bidder is not on the Scrutinized Companies that Boycott Israel List, not on the Scrutinized Companies with Activities in Sudan List, not on the Scrutinized Companies with activities in the Iran Petroleum Energy Sector List, and is not engaged in business operations in Cuba or Syria, as those terms are used and defined in sections 287.135 and 215.473 of the Florida Statutes. In the event that Bidder is unable to provide such certification but still seeks to be considered for award of this solicitation, Bidder shall, on a separate piece of paper, clearly state that it is on one or both of the Scrutinized Companies lists and shall furnish together with its proposal a duly executed written explanation of the facts supporting any exception to the requirement for certification that it claims under Section 287.135 of the Florida Statutes. Bidder agrees to cooperate fully with the City in any investigation undertaken by the City to determine whether the claimed exception would be applicable. City shall have the right to terminate any contract resulting from this solicitation for default if Bidder is found to have submitted a false certification, or to have been placed on the Scrutinized Companies that Boycott Israel List, or to have been placed on the Scrutinized Companies for Activities in Sudan List, or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or has been engaged in business operations in Cuba or Syria. Bidder: ___________________________________ By:__________________________________________________ (Authorized Signature) Printed Name and Title:___________________________________ Date:_________________________________________________ RFP #26-002 Special Magistrate Services 27 HUMAN TRAFFICKING AFFIDAVIT The undersigned, on behalf of Contractor, hereby attests as follows: 1. Contractor understands and affirms that Section 787.06(13), Florida Statutes, prohibits the City of Ocoee from executing, renewing, or extending a contract to entities that use coercion for labor or services. 2. Contractor hereby attests, under penalty of perjury, that Contractor does not use coercion for labor or services as defined in Section 787.06(2), Florida Statutes. I, the undersigned, am an officer or representative of the non -governmental entity named below, and hereby represent that I: make the above attestation based upon personal knowledge; am over the age of 18 years and otherwise competent to make the above attestation; and am authorized to legally bind, and make the above attestation on behalf of, the Contractor. Under penalties of perjury, I declare that I have read the forgoing document and that the facts stated in it are true. By: Print Name: Print Title: _____________________________ Company Name: STATE OF COUNTY OF The foregoing instrument was sworn to and subscribed before me by means of ☐ physical presence or ☐ online notarization, this _____ day of ______________ , 202__ , by ______________________, as _______________________ of __________________ , who is ☐ personally known to me or ☐ produced _______________________________ as identification. Notary Public Signature (Seal) Print Notary Name: ______________________ My Commission Expires: RFP #26-002 Special Magistrate Services 28 COMPANY NOT AN ENTITY OF FOREIGN COUNTRY OF CONCERN For purposes of this affidavit, "foreign country of concern" means the People's Republic of China, the Russian Federation, the Islamic Republic of Iran, the Democratic People's Republic of Korea, the Republic of Cuba, the Venezuelan regime of Nicolas Madur o, or the Syrian Arab Republic, including any agency of or any other entity of significant control of such foreign country of concern. The undersigned, on behalf of the entity listed below hereby attests under penalty of perjury as follows: 3. I am over the age of 18 and I have personal knowledge of the matters set forth herein. 4. I am an officer or representative of ________________________ (hereinafter “Entity”), and I am authorized to provide this affidavit on its behalf. 5. Entity is not owned by the government of a foreign country of concern. 6. No government of a foreign country of concern has a controlling interest in Entity. 7. Entity is not organized under the laws of or has its principal place of business in a foreign country of concern. 8. If, at any time in the future, Entity does become owned by a foreign country of concern, if a foreign country of concern acquires a controlling interest in Entity, or Entity becomes organized under the laws of or relocated to a foreign country of concern, Entity will immediately notify the City of Ocoee and no contracts may be executed, renewed, or extended between the parties. 9. I have read the foregoing affidavit and confirm that the facts stated in it are true, and are made for the benefit of, and reliance by the City of Ocoee. Further Affiant sayeth naught. Authorized Signature: Printed Name: Title: STATE OF COUNTY OF The foregoing instrument was acknowledged  by physical means /  by electronic means before me this day of 20__, by , who  is personally known to me /  presented as identification and who  did /  did not take an oath. Notary Public Signature (Seal) Print Notary Name: ______________________ My Commission Expires: RFP #26-002 Special Magistrate Services 29 CONTRACTOR’S E-VERIFY AFFIDAVIT I hereby certify that [contractor] does not employ, contract with, or subcontract with an unauthorized alien, and is otherwise in full compliance with Section 448.095, Florida Statutes. All employees hired on or after January 1, 2021 have had their work authorization status verified through the E-Verify system. Authorized Signature: Printed Name: Date: STATE OF ____________________ COUNTY OF The foregoing instrument was acknowledged before me by means of □physical presence or □online notarization, this ___ day of _________________ 20____, by (name and title of officer or agent) of (name of contractor company acknowledging), a (state or place of incorporation) corporation, on behalf of the corporation. He/she □ is personally known to me or □ has produced ____________________ as identification. Notary Public Signature (Seal) Print Notary Name: ______________________ My Commission Expires: RFP #26-002 Special Magistrate Services 30 EXHIBIT “B” PROPOSED AGREEMENT FOR RFP #26-002 SPECIAL MAGISTRATE SERVICES THIS SPECIAL MAGISTRATE SERVICES AGREEMENT ("Agreement") is entered into on the ____ day of ________________ 202__, by and between the CITY OF OCOEE, a Florida municipal corporation, whose address is 1 N. Bluford Avenue, Ocoee, Florida 34761 ("City''), and _____________________, whose address is ____________________________________ ("Special Magistrate"). RECITALS Whereas the role of Special Magistrate is to include presiding over certain various red- light camera violations hearings and certain code enforcement matters; and Whereas Ocoee desires to engage the services of Special Magistrate to allow Special Magistrate to perform the duties described herein and subject to the terms and conditions set forth herein. AGREEMENT NOW, THEREFORE, for and in consideration of the foregoing, the mutual promises, covenants, and agreements contained herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows: 1. Qualifications. Special Magistrate warrants that he/she is fully qualified to perform the duties of Special Magistrate as described herein and under Florida law and warrants that he/she is a member in good standing of the Florida Bar. 2. Special Magistrate. Special Magistrate agrees to personally perform the duties of the violations hearing special magistrate to hear notices of violations of the City Code, as outlined in the Code. Special Magistrate shall also hear matters relating to red light cameras violations, school zone speed enforcement cameras, Code Enforcement violations, and all other matters assigned, unless a conflict of interest exists. Special Magistrate shall prepare and file with the City Manager or designee a written order stating findings and the amount of fine, if applicable. Special Magistrate shall not delegate or assign its rights or obligations hereunder in whole or in part. 3. City Responsibilities. City shall provide an appropriate location to conduct the proceedings. City shall also provide staff to operate a recording device, schedule hearings, and perform the administrative tasks related to the hearings. All office and overhead expenses not provided by City including but not limited to travel, shall be borne by Special Magistrate. 4. Compensation. Special Magistrate shall be paid _________ and no/100 Dollars ($____.__) per hour for services performed by Special Magistrate. In the event all hearings scheduled for a particular date are cancelled, Special Magistrate shall not be compensated for that date if he is notified at least 48 hours in advance. Special Magistrate shall be paid for a minimum RFP #26-002 Special Magistrate Services 31 of two (2) hours in the event that less than 48 hours' notice of cancellation is given. Special Magistrate may perform legal work for other clients so long as it does not conflict with Special Magistrate's obligations under this Agreement. Special Magistrate shall promptly notify the City of any conflicts or other reason which Special Magistrate feels would make it inappropriate for Special Magistrate to decide a case. 5. Term and Termination. This Agreement shall consist of one (l) initial one (I) year term beginning ______________ ("Effective Date”), with four (4) separate one (1) year renewable terms, for a maximum of five (5) years under this Agreement unless terminated earlier. Either party may terminate this Agreement at any time by providing thirty (30) days written notice of its intent to terminate to the other. Unless otherwise directed by City, Special Magistrate shall, prior to the termination date, complete all of its duties including, but not limited to, filing written orders, in any case heard by Special Magistrate. 6. Independent Contractor City and Special Magistrate intend that the relationship between them shall be that of Special Magistrate as an independent contractor. Special Magistrate and no agent or employee of the Special Magistrate shall be deemed to be an agent or employee of the City. None of the benefits provided by City to its employees including, but not limited to, Worker's Compensation insurance and unemployment insurance, are available to Special Magistrate or the agents or employees of Special Magistrate. 7. Insurance. Special Magistrate shall provide evidence of both General Liability and Professional Liability Insurance in the form of a certificate of insurance issued on behalf of the City and naming the City as an additional insured, by a company or companies, acceptable to the City at the minimum limits and coverages with deductible amounts acceptable to the City. 8. Audit. City, at its discretion, may audit or inspect Special Magistrate's books, financial records, ledgers, time sheets, or other records relating to services under this Agreement for a period of three (3) years following termination of this Agreement. 9. Public Records. City is a public agency subject to Chapter 119 Florida Statutes. Contractor agrees to comply with Florida's Public Records Law. Specifically, the Contractor shall: a. Keep and maintain public records required by City to perform the services. b. Upon request from City's custodian of public records, provide City with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119 Florida Statutes, or as otherwise provided by law. c. Ensure that public records that are exempt or confidential and exempt from the public records disclosure requirements are not disclosed except as authorized by law for the duration of the Agreement term and following completion of the Agreement if the Special Magistrate does not transfer the records to the City. d. Upon completion of the Agreement, Special Magistrate agrees to transfer at no cost to the City all public records in possession of the Special Magistrate or keep and maintain public records required by the City to perform the service. If Special Magistrate transfers all public records to the City upon completion of the Agreement, the Special Magistrate shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Special Magistrate keeps and maintains public records upon completion of the Agreement, the Special Magistrate shall meet all RFP #26-002 Special Magistrate Services 32 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. e. A Special Magistrate who fails to provide the public records to City within a reasonable time may be subject to penalties under section 119. l 0, Florida Statutes. IF CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT 407 -905-3100, EXTENSION 1022, CCDL@OCOEE.ORG, WITH AN OFFICE LOCATED AT 1 N BLUFORD AVE., OCOEE, FLORIDA 34761. 10. Entire Agreement. This Agreement contains the entire understanding and agreement between the parties hereto with respect to the subject matter hereof. The Agreement may be modified only by written instrument signed by all parties hereto. 11. Notice. Any notice required or allowed to be delivered under this Agreement shall be provided in writing and sent to the address on page l of this Agreement. Notice shall be sent by hand delivery or sent by a nationally recognized overnight delivery service for next business day delivery. 12. Governing Law and Venue. This Agreement is to be governed by, and construed and enforced in accordance with, the Laws of the State of Florida. In the event any litigation or other formal legal or equitable proceeding (collectively, the "Litigation'') between any of the Patties hereto, or their affiliates, heirs; agents, successors, or assigns, is instituted in connection with the construction, interpretation, or enforcement of this Agreement, the party commencing such litigation shall be required to institute the same in state courts within the jurisdiction and venue of Orange County, Florida. 13. No Waiver. No wavier of any provision of this Agreement shall be effective unless it is in writing and signed by the party against whom it is asserted. Any such written waiver shall only be applicable to the specific instance to which it relates and shall not be deemed to be a continuing or future waiver. 14. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be original as against any party whose signature appears thereon, and all of which together shall constitute one and the same Agreement. 15. Severability. If any provision of this Agreement is ultimately determined to be invalid or unenforceable, such provision shall be deemed limited by construction in scope and effect to the minimum extent necessary to render the same valid and enforceable, and, in the event no such limiting construction is possible, such invalid or unenforceable provision shall be deemed severed from this Agreement without effecting the validity of any other provision hereof. RFP #26-002 Special Magistrate Services 33 IN WITNESS WHEREOF the parties hereto have caused this Agreement to be executed by their authorized representatives on the day and year first above written. CONTRACTOR: BY: ________________________________________ PRINT NAME: ______________________________ TITLE: _____________________________________ WITNESSES: NAME: NAME: TITLE: TITLE: CITY: CITY OF OCOEE, FLORIDA ATTEST: APPROVED: BY: BY: Melanie Sibbitt, City Clerk Rusty Johnson, Mayor (SEAL) FOR USE AND RELIANCE ONLY BY APPROVED BY CITY OF OCOEE THE CITY OF OCOEE, FLORIDA COMMISSION AT A MEETING HELD APPROVED AS TO FORM AND LEGALITY on ______________, under Agenda Item __. this day of , 2025 FISHBACK DOMINICK BY: Richard S. Geller, City Attorney Mayor Commissioners Rusty Johnson Scott R. Kennedy, District 1 Rosemary Wilsen, District 2 City Manager Richard Firstner, District 3 Craig Shadrix George Oliver III, District 4 November 13, 2025 ADDENDUM NO. ONE (1) CITY OF OCOEE RFQ #26-002 SPECIAL MAGISTRATE SERVICES This addendum shall modify and become a part of the original RFP Documents. This addendum consists of one (1) page. Respondents should acknowledge receipt of this addendum in the space provided in the RFP Documents. Failure to do so may subject the Respondent to disqualification. The due date has changed. Amendments to the RFP Documents are as follows: 1. REVISED DATES FOR RFP #26-002: Deadline for Receipt of Questions: Tuesday, November 25, 2025, at 2:00 p.m. local time. Submission Deadline: Thursday, December 4, 2025 at 2:00 p.m. local time. Shannon Hopper Shannon Hopper, CPPB Purchasing Technician II cc: Vincent Ogburn, Police Chief