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HomeMy WebLinkAboutItem #09 Approval of Award of RFQ#1403 Hearing Officer ServicesC_` () (? florido AGENDA ITEM COVER SHEET Meeting Date: September 16, 2014 Item # 9 Reviewed By: Contact Name: Joyce Tolbert Department Director: Contact Number: 1516 City Manager: Subject: Award of RFQ #1403 Hearing Officer Services Background Summary: The City's contract for Hearing Officer Services with Frederick H. Wilsen, Jr. Esq. will expire on October 1, 2014. The City solicited statements of qualifications from qualified attorneys that are interested in providing Hearing Officer Services to hear appeals and render decisions related to red light traffic violations administered through the City's Traffic Light Safety program. The Respondent shall be a member in good standing of the Florida Bar. Respondent agrees to personally perform the duties of the Hearing Officer pursuant to Chapter 168 Article III of the Ocoee Code of Ordinances, Traffic Light Safety, Ordinance No. 2008 -022 as amended by Ordinance No. 2013 -009; and Chapter 316.0083, Florida Statutes, the Mark Wandall Traffic Safety Act. The Hearing Officer shall hear all matters assigned to him /her, unless a conflict of interest exists, and shall prepare and file with the Hearing Officer Clerk final or recommended orders, as appropriate to the matter assigned, which include findings of fact and conclusions of law. The Hearing Officer shall not delegate or assign his /her rights or obligations hereunder in whole or part. The continuing contract shall have an initial three (3) year period with two automatic one -year renewable extensions, for a maximum of five (5) total years, unless otherwise terminated by either party, in writing, giving thirty (30) days' notice. The RFQ was advertised on July 20, 2014 and was publicly opened on August 14, 2014. There were three (3) responses submitted. The Finance Department and Police Department reviewed the responses and all were considered responsive, see the attached Checklist. One firm withdrew from consideration due to potentially holding dual office as a Special Magistrate which would be in conflict with Florida Statute. Attached are the remaining two (2) ranked responses; original copies of all responses are available in the Finance Department for your review. The three (3) responses were evaluated by the RFQ Evaluation Committee appointed by the City Manager, which was comprised of three (3) members: Bob Briggs, Chief Accountant; Brad Dreasher, Police Lieutenant; Ted Silberstein, Deputy Police Chief. The public RFQ Evaluation Committee meeting was held on August 20, 2014 with the Evaluation Committee evaluating and short- listing the firms on specific evaluation criteria. Members of the Evaluation Committee discussed whether Gray Robinson could hold dual office as a Special Magistrate for the City of Deland and Hearing Officer for the City of Ocoee. The City Attorney discussed this issue with Mr. Chipok of Gray Robinson, and he withdrew his application for consideration as Hearing Officer. Please see the attached shortlist /evaluation form. The evaluation committee short- listed the following firms in ranked order, and recommends contracting with the top ranked firm, Shepard, Smith & Cassady P.A., per the attached award recommendation from the Police Chief. The Table below is the Evaluation Committee's rankings: Rank/Respondent 1. Shepard, Smith & Cassady, P.A. 2. Frederick H. Wilsen, Jr., Es q. Issue: Should the City Commission award the continuing contract for Hearing Officer Services to the top- ranked firm, Shepard, Smith & Cassady, P.A., as recommended by the Evaluation Committee? Recommendations: Staff recommends that the City Commission award RFQ #1403 Hearing Officer Services to Shepard, Smith & Cassady, P.A., for the fees stated in the RFQ, and authorize the Mayor, City Clerk, and staff to execute all necessary contract documents with this firm once the required insurance is received. Attachments: 1. RFQ #1403 2. Shepard, Smith & Cassady Response 3. Frederick H. Wilsen, Jr., Esq. Response 4. Evaluation Form /Shortlist 5. RFQ Checklist 6. Award Recommendation from Police Chief Financial Impact: As budgeted each fiscal year, approximately $6,000 annually; the Hearing Officer shall be paid the greater of Five Hundred and no /100s Dollars ($500.00) per day or One Hundred and no /100s Dollars ($100.00) per hour for services performed by Hearing Officer. Type of Item: (please mark with an 'Y) Public Hearing For Clerk's Dept Use: Ordinance First Reading Consent Agenda Ordinance Second Reading Public Hearing Resolution Regular Agenda X Commission Approval Discussion & Direction Original Document/Contract Attached for Execution by City Clerk X Original Document/Contract Held by Department for Execution Reviewed by City Attorney 4 4 1 N/A Reviewed by Finance Dept. N/A Reviewed by ( ) N/A 2 Mayor S. Scott Vandergrift City Manager Robert frank f10 rid a MEMORANDUM TO: Joyce Tolbert, Purchasing Agent FROM: Charl n, Chief of Police DATE: Septem er 08, 2014 RE: REQ 1403 Award Recommendation Commissioners John Grogan, District 1 Rosemary Wilsen, District 2 Rusty Johnson, District 3 Joel Keller, District 4 The City received three (3) responsive proposals for hearing officer; one of the respondents has withdrawn his request for consideration leaving two (2) qualified proposals. An evaluation committee composed of members from the finance department, Robert Briggs and the police department Deputy Chief Ted Silberstein and Lieutenant Brad Dreasher convened, evaluated and ranked each respondent. After reviewing the hearing officer evaluations, as the police chief and sole user of the hearing officer services my recommendation is to select Shepard, Smith & Cassady P.A. Shepard, Smith & Cassady received the number one ranking by the evaluation committee. Ocoee Police Department • 646 Ocoee Commerce Parkway • Ocoee, Florida 34761 phone: (407) 905 -3160 • fax: (407) 905 -3164 • www.ci.ocoee.fl.us RFQ #1403 HEARING OFFICER SERVICES EVALUATION FORM /SHORTLIST Respondent Shepard, Smith & Cassady, P.A. Frederick H. Wilsen, Jr., Esq. Evaluator 1 2 1 Evaluator 2 1 2 Evaluator 3 T 2 3 TOTAL -7 5 6 RANKING 3 1 1 2 "Withdrew from consideration due to potentially holding dual office as City of Deland Code Enforcement Special Magistrate which would be in conflict with Florida Statute. Note: Lowest Total is Highest Ranking RFQ #1403 HEARING OFFICER SERVICES INDIVIDUAL EVALUATION FORM Individual Evaluation Form Evaluation Criteria GrayRobinson, P.A. Shepard, Smith & Cassady, P.A. Frederick H. Wilsen, Jr., Esq. Experience and References of the Respondent: Past Performance & Experience of the Respondent; Professional Qualifications (0 -40 Points) 20 35 38 Ability to Meet Schedule and Availability Requirements: Current Work Schedule and Availability of the Respondent; Effect of Legal Action Against the Respondent (0 -20 Points) 20 18 20 Project Approach: Respondent's understanding of the services requested; Quality of Submittal (0 - 30 Points) 30 30 30 Office Location: Location of the Office and Proximity to Ocoee City Hall (0 -10 Points) 10 10 10 TOTAL POINTS (0 -100 Points) so 93 98 Member Ranking 3 2 1 Evaluator Name P— :) Jo Evaluator Sicnature /l l RFQ #1403 HEARING OFFICER SERVICES INDIVIDUAL EVALUATION FORM I..A. ;A - 1 =—I—+;^n Germ Evaluation Criteria GrayRobinson, P.A. Shepard, Smith & Cassady, P.A. Frederick H. Wilsen, Jr., Esq. Experience and References of the Respondent: Past �' d Performance & Experience of the Respondent; Professional Qualifications (0-40 Points) Ability to Meet Schedule and Availability Requirements: Current Work Schedule and Availability of the Respondent; Effect of Legal Action Against the Respondent (0 -20 Points) Project Approach: Respondent's understanding of the Q Z S services requested; Quality of Submittal (0 - 30 Points) Office Location: Location of the Office and Proximity ` to Ocoee City Hall (0 -10 Points) TOTAL POINTS (0 -100 Points) Q 0 A 0 0 Member Ranking ` Z �� f�c if Evaluator Name V ° �t"a! �a Evaluator Si RFQ #1403 HEARING OFFICER SERVICES INDIVIDUAL EVALUATION FORM Individual Evaluation Form Evaluation Criteria GrayRobinson, P.A. Shepard, Smith & Cassady, P.A. Frederick H. Wilsen, Jr., Esq. Experience and References of the Respondent: Past Performance & Experience �y ^� S > of the Respondent;% J Professional Qualifications (0-40 Points) Ability to Meet Schedule and Availability Requirements: Current Work Schedule and Availability of the Respondent; Effect of Legal Action Against the Respondent (0 -20 Points) Project Approach: Respondent's understanding of the r 1 services requested; Quality of Submittal (0 - 30 Points) Office Location: Location of the Office and Proximity & to Ocoee City Hall (0 -10 Points) TOTAL POINTS f (0 -100 Points) yi r' 0� Member Ranking ! Evaluator Name T P J f z-.3 r2�v25 / & Evaluator Signature ry RFQ #1403 HEARING OFFICER SERVICES SERVICES CHECKLIST 8/14/14 2:00 PM Submission Requirements: Qualifications, Member in Good References, Schedule & Standing of the Company Info/ No. RESPONDENT Availability, Litigation No Addenda Florida Bar Signature Sheet Office Location 1 GrayRobinson, P.A. ✓ n/a ✓ ✓ Orlando, FL 2 IShepard, Smith & Cassady, P.A. ✓ n/a ✓ ✓ Maitland, FL 3 Frederick H. Wilsen, Jr., Esq. ✓ n/a ✓ ✓ Ocoee, FL CITY OF OCOEE REQUEST FOR QUALIFICATIONS (RFQ) #1403 HEARING OFFICER SERVICES Request for Qualifications, Legal Advertisement The City of Ocoee, Florida, (City) is soliciting for sealed statements of qualifications for RFQ #1403 HEARING OFFICER SERVICES. Qualification Packages will be received at the office of Joyce Tolbert, CPPB, Purchasing Agent, Finance Department /Purchasing, Second Floor, 150 North Lakeshore Drive, Ocoee, Florida 34761 until 2:00 pm, local time, on August 14, 2014. Qualification Packages received after that time will not be accepted under any circumstances. Sealed qualification packages that have been timely received will be publicly opened and the name of the Respondents read aloud at that time. No pre - proposal conference is scheduled at this time. Prospective Respondents may secure a copy of the documents required for submitting a response through Onvia /Demandstar by accessing the City's website at http: / /www.ococe.org under Finance Department/Purchasing. Partial sets of the documents required for submitting a response will not be issued. By using Onvia /Demandstar, prospective Respondents will be provided with all information regarding this RFQ and addendums and changes to the project requirements. Membership with Onvia /Demandstar is not required to submit a response; fees may apply for non - members. Persons other than prospective Respondents may inspect the documents required for submitting a response at the Ocoee City Hall City Clerk's Office, 150 N. Lakeshore Drive, Ocoee, FL 34761. Persons inspecting the documents at the City Clerk's office that request copies will be required to pay a fee, as prescribed by statute. Beth Eikenberry, City Clerk, July 20, 2014. RFQ 1403 HEARING OFFICER SERVICES 2 CITY OF OCOEE REQUEST FOR QUALIFICATIONS "RFQ" #1403 HEARING OFFICER SERVICES A. INTRODUCTION AND GENERAL INSTRUCTIONS The City of Ocoee, Florida (City) is soliciting statements of qualifications from qualified attorneys (Respondent, Firm) that are interested in providing Hearing Officer Services to hear appeals and render decisions related to red light traffic violations administered through the City's Traffic Light Safety program. The Respondent shall be a member in good standing of the Florida Bar. 2. The City intends to award a continuing contract to one Respondent deemed to be the most highly qualified to perform the required services. In determining whether a Respondent is qualified, the City shall consider such factors as listed in the Evaluation Criteria herein. The continuing contract shall have an initial three (3) year period with two automatic one -year renewable extensions, for a maximum of five (5) total years, unless otherwise terminated by either party, in writing, giving thirty (30) days' notice. 3. Prospective respondents may secure a copy of the documents required for submitting a response through Onvia /Demandstar by accessing the City's website at under Finance Department /Purchasing. Partial sets of the documents required for submitting a statement of qualifications will not be issued. By using Onvia /Demandstar, prospective respondents will be provided with all information regarding this RFQ, all addendums and changes to the project requirements; fees may apply for non - members. Membership with Onvia /Demandstar is not required to submit a response. 4. Each qualification package must consist minimally of a cover letter, statement of qualifications, and company information form (attached at the end of these instructions). Please also include a copy of all applicable licenses held by the Respondent. Statements of qualifications must be limited to a total of forty (40) 8.5 "x 11" pages (including any resumes and 2 -page cover letter but excluding front and back covers, dividers, table of contents, and company information form), single- sided, portrait orientation, 12 -point font. Additional requirements of submissions are listed in Section D. Any- qualifications package failing to conform to these specifications is subject to rejection. The person signing the signature sheet on behalf of the respondent must have the legal authority to bind the respondent to the submitted qualification package and shall be understood to do so. All expenses for providing qualification packages to the City shall be borne by the respondent. 5. Respondents interested in providing these services shall submit one (1) original paper and four (4) electronic copies of their qualifications package. The electronic copies shall be submitted in a fully electronic form on a CD -ROM or USB FLASH DRIVE, as an Adobe PDF file, version 5 or later. Qualification Packages shall be submitted to the City of Ocoee in one sealed package, clearly marked on the outside with the appropriate RFQ number and closing date and time, addressed to: Joyce Tolbert, Purchasing Agent City of Ocoee 150 N. Lakeshore Drive Ocoee, Florida 34761 Phone: (407) 905 -3100 x 1516 FAX number: (407) 905 -3194 jtolbert@ci.ocoee.fl.us No far or e- mailed submissions will be accepted. RFQ 1403 — HEARING OFFICER SERVICES 3 6. Qualification packages must be received no later than 2:00 p.m. (local time) on August 14, 2014. Any qualification packages received after the above -noted time will not be accepted under any circumstances. Any uncertainty regarding the time a qualification package is received will be resolved against the Respondent. It shall be the sole responsibility of the Respondent to have the qualifications package delivered to the Ocoee City Hall by U.S. mail, hand delivery, or any other method available to them. Delay in delivery shall not be the responsibility of the City. A qualification package received after the deadline shall not be considered and shall be returned unopened. Any request to withdraw a qualifications package must be addressed in writing. Such requests must be received by the City prior to the deadline of the submission. 7. The City will receive questions regarding the RFQ through written inquiries only directed to the Purchasing Agent. Deadline for receipt of written inquiries will be August 7, 2014 at 2:00 p.m., local time. 8. Potential Respondents should not contact City staff, with the exception of the Purchasing Agent, or other City consultants or City Commission for information regarding this RFQ before the project is awarded. Any contact with any other member of the City Staff, City Commission, or its consultants during the RFQ, award, and protest period may be grounds for Respondent disqualification. 9. Action on qualification packages is expected to be taken by the City Commission within ninety (90) days of' the submission opening date; however, no guarantee or representation is made herein as to the time between receipt of the qualification package and subsequent City Commission action. A more detailed schedule is given below. 10. All applicable laws and regulations of the United States, the State of Florida, and the City of Ocoee will apply to this RFQ and any resulting Agreement. 11. The successful Respondent shall be required to execute an Agreement, in form and content acceptable to the City, indemnifying and holding harmless the City, its officials, officers, employees, and agents from all claims. 12. 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, or Consultant under a 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 State Statute 287.133 (2) (a). 13. 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 which 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 of proposal 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. RFQ 1403 — HEARING OFFICER SERVICES 4 14. PATENT INDEMNITY: Except as otherwise provided, the successful respondent 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 or out of the use or disposal by or for the account of the City or supplies furnished or construction work performed hereunder. Further, the Respondent 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 bidder uses any design, device, or materials covered by letters, patent, or copyright, it is mutually agreed and understood without exception that the bid price shall include all royalties or cost arising from the use Of such design, device, or materials. 15. 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 Respondent qualifies its proposal by specific limitations. The City reserves the right to request that the Respondent modify his /her qualification package to more fully meet the needs of the City. The City may accept one or more proposals if, in the City's discretion, the City determines that is in the City's best interest to do so. The City reserves the right to award the contract to the Respondent which, in the City's sole discretion, is the most responsive and responsible. The City reserves the right, as an aid in determining which proposal is responsible, to require a Respondent to submit such additional evidence of Respondent's qualifications as the City may deem necessary, and may consider any evidence available to the City of the financial, technical, and other qualifications and abilities of a Respondent, including past performance (experience) with the City and others. The City Commission shall be the final authority in the selection of any and all proposals. B. INSURANCE TERMS AND CONDITIONS The successful respondent shall be required to provide evidence of both General (Public & Property) Liability and Professional (Design Errors and Omissions) Liability Insurance in the form of a certificate of insurance issued on behalf of the City of Ocoee and naming the City as an additional insured, by companies acceptable to the City at the minimum limits and coverages listed below with deductible amounts acceptable to the City. The selected consultant 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 consultant allow any subconsultant to commence work on a subcontract until all similar insurance required of the subconsultant 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 "V11" 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 F.S. 440.57, Florida Statutes. 1. 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 Consultant and /or subconsultant providing such insurance. RFQ 1403 HEARING OFFICER SERVICES 5 2. Workers' Compensation Insurance The Consultant 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 Consultant's employees connected with the work of this project and, in the event any work is sublet, the Consultant shall require the subconsultant similarly to provide Workers' Compensation Insurance for all of the latter's employees unless such employees are covered by the protection afforded by the Consultant. 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 Consultant shall provide, and cause each subconsultant to provide adequate insurance, satisfactory to the City, for the protection of the Consultant's employees not otherwise protected. Include Waiver of Subrogation in favor of the City of Ocoee. 3. Consultant's Public Liability and Property Damage Insurance The Consultant 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 Consultant 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 Consultant or by anyone directly or indirectly employed by the Consultant, and the amounts of such insurance shall be the minimum limits as follows: 4. 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 5. 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 Consultant is primary and non- contributory. • $2,000,000 GENERAL AGGREGATE • $2,000,000 PRODUCTS- COMPLETED OPERATIONS AGGREGATE • $1,000,000 PER OCCURRENCE • $1,000,000 PERSONAL & ADVERTISING INJURY • Include Waiver of Subrogation in favor of the City of Ocoee 6. Subconsultant's Comprehensive General Liability, Automobile Liability and Worker's Compensation Insurance The Consultant shall require each subconsultant to procure and maintain during the life of this subcontract, insurance of the type specified above or insure the activities of these subconsultants in the Consultant's policy, as specified above. 7. Owner's Protective Liability Insurance (Not applicable for these Services). As applicable for construction projects, providing coverage for the named insured's liability that arises out of operations performed for the named insured by independent consultants and are directly imposed because of the named insured's general supervision of the independent consultant. The Consultant 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. RFQ 1403 — HEARING OFFICER SERVICES 6 8. Contractual Liability If the project is not bonded, the consultant's insurance shall also include contractual liability coverage to insure the fulfillment of the contract. NOTE: PUBLIC LIABILITY INSURANCE AND AUTOMOBILE LIABILITY INSURANCE, THE CITY SHALL BE NAMED AS ADDITIONAL INSURED. • $1,000,000 PER OCCURRENCE • $2,000,000 AGGREGATE Commercial Umbrella: • $1,000,000 PER OCCURRENCE • $2,000,000 Aggregate • Including Employer's Liability and Contractual Liability Builders Risk: (Not Applicable for these Services). • $100,000 Any (1) Location • $1,000,000 Any (1) Occurrence (Remainder of page left blank intentionally) RFQ 1403 HEARING OFFICER SERVICES 7 CERTIFICA OF LIABILITY INSURANCE OP ID J FR AZ -1 gepRD u 11 04 04 ° —" _ ___ THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION pact x F.c ONLY AR0 CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE C OVERAGE AFFORDED BY TH E POLICIES OELOW. WSI'.RS AFFORD"'. COVERAGE NAIC s ' Itb!)REN Contractor's Name NSURMC Address --. —.- wREa o — _ ."ERE. COVERAG THE P4YCIE3 GF WSU(LWCE LISTED BELOW fU'Fc' KEN LaKrD TO THt 61HED NAMED MOVE IGR THE'01— PER100 iNo1UTFD. tgTYnTNSTANDINE ANYNEOUIREU 54er: NAY PEBTA N '+E'AANCEAFE tYrE POL YK ES Of3CRi9EDe +�EREl4 TERtAA EieLtu3+l'NS Anp CUWI/050e PAID GlA1Mb POLIO ES AGGREGATE L NUTS SNOW N NAY HAYS BEEN REERIO U b --- - - - - -- _ ___ _�(�['YFIFEL7IV[ `Pb11C'V F5f61RITIbiT . ERAnPC - IOL NIWBIN DATE SATE IN AYOD/YYI L TS {MM(DD` LTN INSi1D TYaE OE INSURANCE -' EAC occvRRENGE s 1 DOD, D00___ - cENEau LIABIUrY SncNavFro REN rED .. — GE ENAL LIABEITY � ftEU S 3 SO DDD — � X I COMAERG MEP FXp IA +Y tool ES 000 —1. _Df X_�OELI1u� +..- Y SO AaAw ruu sl 000 ODO ROp (:TS C GG 37 000,000 GFNL AG(:REd — A A EI W'AWY.IE9 PER ` X AUrONOBLLE LYELLRY i '. CO EDSNG E'u? f 1, 000,000 ( nil X ANY-TG r I 'Alt OWNEG AUTDS � I, BOq 41URY y 3 IPe RMSa•1 I SENEtR1LFD,I0OS A111*1 ! B fY aiLRY s IPU xcrtlwxi .X NON—— Auras �, - - - - - -- -- _ wa) CA MACE y T— DAAADEIUMLRY FA ACC S _ OTHER ArIV AUTO - LTO ONLY GG 5 FJ4 OCC., k L 3 1 000, 000 �. EXCESYVW0.ELU LM.S�Lm • —,, CC Ea1E S 2 OOO 000_ I - --• i � X X OWNS PAa OE IIII '.. _— _— • CCCUa i DEDUCTIBLE ' PETENTA' 3 �— � X .OR R_ WOR SCOMPENSAiION ANU E Exc . OE S 500, 000 NatllrY I ', I ' E 0 � - -- A Y (YPR - O TNEWfY.ECUir.E O 'LER SBER .,ACLUOEDT F OSMBE fAE ➢LO EE 3 500,000 ___ EL OSensE-P OCHE s5001000 (i�EC Nolnslo`NS w«, Any 1 Loc 100,000 IBUildare Risk 1 Any 1 OCc_ 1,000 OP tlaERATIONS! IOGATGN9 / YEJaCLEb / E%CL1>.SIONS ADDED D'I ENOORSEMEhT / SPECIAL PRGVIMNAS DESCAV[gN Tha inassrance evidenced by this certificate shall name the certificate holders as an additional insured on the General Liability r Umbrella Liahility. Workers' Compensation, Employers' Liability 4 General Liability Li contain a Walver of Subrogation in favor of the certif icaee holder. a inRJVTj RS Hll.if1 M Risk. Tha certificate holder is added ss TEned CANCELLATION CERTIFICATE HOLDER - -� s'°uInA 1Tw ABOVE aE 1-MO as n—"CPH ELLIO We ;;_ eASwArwP OcoE801 PATE THEREOF, TNC LSbUND INSURER N1LL ENDEAVOR TO NNL Lo DAYS WRRTEN NGTKETDTNECERlt ATEHOLDERNAMEDTOTIELEF t,EUTFNLURETODO30SNALt City Of Ocoee IMI`OSE NOOELIGATION OR LUBILRY OF ANY IONO UPON THE I Y5URER,ff$ GENTS OR 150 N, Lakeshore Drive MPNEEENTAr— J �� y Ocoee I'L 74761 -2298 _ AprNOaacO REaRE3ENTATrvE -- -`- D ACORD CORPORATION r_W AGVKD [D lt'vuTlvol .,,AEa,FOW 9. Certificates of Insurance Certificate of Insurance Form (see sample, above), naming the City of Ocoee as an additional insured will be furnished by the Consultant 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: • 'Fhe name of the Insured consultant, the specific job by name and job number, the name of the insurer, the number of the policy, its effective date, and its termination date. • 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. RFQ 1403 — HEARING OFFICER SERVICES 9 C. SCOPE OF SERVICES The City of Ocoee, Florida (City) is soliciting statements of qualifications from qualified attorneys (Respondent, Firm) that are interested in providing Hearing Officer Services to hear appeals and render decisions related to red light traffic violations administered through the City's Traffic Light Safety program. The Respondent shall be a member in good standing of the Florida Liar. Respondent agrees to personally perform the duties of the Hearing Officer pursuant to the attached Exhibit A, Chapter 168 Article III of the Ocoee Code of Ordinances, Traffic Light Safety, Ordinance No. 2008- 022 as amended by Ordinance No. 2013 -009; and Chapter 316.0083, Florida Statutes, the Mark Wandall Traffic Safety Act. The Hearing Officer shall hear all matters assigned to him /her, unless a conflict of interest exists, and shall prepare and file with the Hearing Officer Clerk final or recommended orders, as appropriate to the matter assigned, which include findings of fact and conclusions of law. The Hearing Officer shall not delegate or assign his /her rights or obligations hereunder in whole or 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 Hearing Officer. The Hearing Officer shall be paid the greater of Five Hundred and no /100s Dollars ($500.00) per day or One Hundred and no /100s Dollars ($100.00) per hour for services performed by Hearing Officer pursuant to this Agreement. In the event that all hearings scheduled for a particular date are cancelled, Hearing Officer shall not be compensated for that date if he /she is notified at least 48 hours in advance. Hearing Officer shall be paid for a minimum two (2) hours of time for a cancelled hearing in the event that less than 48 hours notice is given. Payment by the City shall be in compliance with the Florida Prompt Payment Act, as amended from time to time. Hearing Officer may perform legal work for other clients in his /her private practice so long as it does not conflict with Hearing Officer's obligations under this Agreement. Hearing Officer shall promptly notify the City of any conflicts or other reason which Hearing Officer feels would make it inappropriate for him /her to decide a case. D. SUBMITTALS Qualifications packages shall be designed to portray to the City how the respondent's services can best match the knowledge, skills, and abilities suggested by the anticipated Scope of Services given above. In order for the City to evaluate the qualification package, each Respondent shall provide information relative to their ability to provide services that will best meet the needs of the City. The required 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, the provisions of Section 316.0083, Florida Statutes and Ocoee City Code Chapter 168, Article III, Traffic Light Safety. • A statement related to the experience of the Respondent as a member of the judiciary, as a special magistrate or as a hearing officer. RFQ 1403 — I TEARING OFFICER SERVICES 9 • A statement describing the firm's ability to provide prompt, quality legal services. • A statement disclosing any current, pending or potential disciplinary action or malpractice claim 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 anticipate 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 contract term. Section 2: References • A list of three references, including specific governmental clients, providing name, address, email address, telephone number. Section 3: Schedule and Availabilitv • Provide confirmation that the Respondent is available to serve as the Hearing Officer 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: Required Forms Please provide the required signed forms in this section. • Addendum acknowledgement, if applicable • Company Information /Signature Sheet E. TIME SCHEDULE The anticipated schedule of events related to this solicitation is: Date of RFQ Request for qualifications published 18 days later Last day for questions 25 days later Statements of qualification are due 29 days later Qualification statements distributed to evaluation committee 37 days later Evaluation committee meeting held Next meeting Short -list of ranked Respondents recommended to City Commission Dates are estimated and subject to change at the City's discretion. F. SELECTION PROCESS The criteria for selection shall be based on the criteria listed in this RFQ, including the Respondent's qualifications, location, past performance, and reference check. 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 may conduct interviews or require oral presentations of Respondents. The City will not be liable for any costs incurred by the Respondent in connection with such interviews or presentations (i.e. travel, accommodations, etc.) The City shall be the sole judge of the competency of Respondents. RFQ 1403 — HEARING OFFICER SERVICES to 2. A City evaluation committee will evaluate each respondent's qualifications and will short -list and recommend to the City Commission, in ranked order of qualifications, based upon the evaluation committee's evaluation of the qualification statements and any client references. All Respondents shall be notified via Onvia /Demandstar, or other means, of staff's recommended ranking of Respondents to the City Commission. The City Commission's decision to endorse or modify the ranking by staff shall be final. 3. The City will attempt to negotiate an agreement with the top- ranked Respondent. If no agreement is reached with the top- ranked Respondent, negotiations will be terminated and initiated with the second- ranked Respondent, and so on, until an agreement is reached. 4. The successful Respondent shall be required to execute an agreement which provides, among other things, that all 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 subsequent executed by both parties. Evaluation Criteria Maximum Points 1. Experience and References of the Respondent • Past Performance and Experience of the Respondent • Professional Qualifications 40 2. Ability to Meet Schedule and Availability Requirements • Current work schedule and availability of the Respondent • Effect of Legal Action Against the Respondent 20 3. Project Approach • Respondent's understanding of the services requested 30 • Quality of Submittal 4. Office Location • Location of the Office and Proximity to Ocoee City Hall 10 TOTAL 100 G. 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 150 N. Lakeshore Drive Ocoee, Florida 34761 RFQ 1403 — HEARING OFFICER SERVICES H. BID PROTESTS All Bid Protests shall be submitted to the Purchasing Agent in the following manner: A Bidder shall file a written bid protest under this Article or be barred any relief; oral protests shall not be acknowledged. A bid protest shall be limited to the following grounds: (a) issues arising from the procurement provisions of the Project Manual, its addenda, and other bidding documents; and /or (b) applicable federal, state, or local law. No bid protest may be based upon questions concerning the design documents (drawings and specifications). The Bidder shall clarify all questions concerning the design documents of the project prior to submitting its bid. 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. The bid protest shall be filed with the Purchasing Agent not later than three (3) calendar days after the posting of the notice of intent to award or recommendation of award by staff, whichever is earlier. 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. END OF INSTRUCTIONS RFQ 1403 — HEARING OFFICER SERVICES 12 COMPANY INFORMATION /SIGNATURE SHEET RF FAILURE TO COMPLY WITH THESE RFQ INSTRUCTIONS WILL RESULT IN DISQUALIFICATION OF YOUR QUALIFICATION PACKAGE. PLEASE SIGN BELOW ATTESTING THAT YOU HAVE READ AND UNDERSTAND ALL RFQ INSTRUCTIONS AND THAT YOU UNDERSTAND THAT THE SUCCESSFUL RESPONDENT WILL BE REQUIRED TO ENTER INTO A LEGALLY BINDING CONTRACT WITH THE CITY OF OCOEE. COMPANY NAME AUTHORIZED SIGNATURE (manual) NAME /TITLE (PLEASE PRINT) STREET ADDRESS CITY STATE ZIP FEDERAL ID # _ Individual Corporation Sworn to and subscribed before me this Personally Known or Produced Identification (Type of Identification) TELEPHONE (INCLUDE AREA CODE) E -MAIL ADDRESS FAX (INCLUDE AREA CODE) IF REMITTANCE ADDRESS IS DIFFERENT FROM PURCHASE ORDER ADDRESS, PLEASE INDICATE BELOW: Partnership Other (Specify) day of 20 Notary Public - State of County of Signature of Notary Public Printed, typed or stamped Commissioned name of Notary Public RFQ 1403 — HEARING OFFICER SERVICES 13 EXHIBIT A CITY OF OCOEE ORDINANCE NO. 2008 -022, AS AMENDED BY ORDINANCE NO. 2013 -009 RFQ 1403 - HEARING OFFICER SERVICES 14 ORDINANCE NO. 2013 -005 AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA DELETING OBSOLETE PROVISIONS AND AMENDING THE CITY CODE BY AMENDING CHAPTER 168, ARTICLE. III, TRAFFIC LIGHT SAFETY TO IMPLEMENT `rHE PROVISIONS OF 2013 -160, LAWS OF FLORIDA; PROVIDING FOR LOCAL. HEARING OFFICERS CONSISTENT WITH GENERAL LAW; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Florida Legislature passed CS /CS /H137'125 during the 2013 Legislative Session authorizing local hearings for notices of violations connected with the use of red light cameras as traffic infraction detectors to enforce Chapter 316, the State of Florida Uniform Traffic Code; and WHEREAS, the Governor of the State of Florida signed CS /CS /Hl3 7125 into law on J une _ 2013 resulting in the Chapter 20 .13 -160 Laws of Florida, taking effect on July 1, 2013; and WHEREAS, the rise of a local hearing officer allows citizens of the City of Ocoee to have a process for contesting notices of violation issued related to red light violations separate fiorn the traffic court process; and WHE=REAS, the City Commission wishes to utilize a local hearing officer as defined by the Florida Statutes to in'll. - lent the local hearing process; and WHEREAS, the City wishes to remove obsolete provisions and amend its Code of Ordinances to in iplement Chapter 2013 160, Laws of Florida, NOW THEREFORE BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF OCOEE, FLORIDA: S E C T I ON 1 : Recitals Adopf The above recitals are true and correct and are incorporated herein by this reference. S ECT I ON 2: _Deletion o _O bsolete P Sections 14 -24 of Chapter 168, Article III, of the City Code of the City of Ocoee are hereby deleted SECTION 3 : - Updated Int ei °s S afe ttVP rovisions . Sections 11 -13 of Chapter 168, Ail III, of the City Code of Ocoee are hereby amended as follows: '168 -11. - Intent. The purpose of- tlai�:,Arti0e -s to - authorize the -rise of an unn cameras /naor }itoring system- to- t�re�n�otc oor��pti; r�Fe with- red -Lic ht- sictraal direc# vas as prescribed by this Article - and - to - adopt -a civil enforcement - cyst-em for -red -light signal violations, This Article- shall -Ise supplemental and in addition-lo- any -other applicable law -and -shall not - supersede infringe, cur tail or-- impingra -upon - state laws -- related -to-r- eel - lig lit - sietnal- violations -er conflictwitlr -sacf1 -laws, The purpose of this article is to specifically authorize the _�_�,se of traffic infraction detectors, as_permittecl by general Irrw as of the effective date of_this ordin or July 1, 2013, whiclaev-er occ__urs later,_withira the Dty-'s jurisdictional limits_ 168 •. Use of irrrc, Use of traffic infraction detectors -1 image capture technologies as -a supplemental means -of +i101 60111plial` cswith Iawy; relit( -)d t0 asssistincg law enforcement personnel in the eraforcenaent of -scrch laws whiet� are ctesig+�ec -J to protect and improve public health, safety and- welfare l he -Gify -hall utlliZe image - caplrare- techno log ies as are arwillary deterrent -to traffic conrol igrial violations and to associated with -such violations. The City exercises its option - under, F.S. .316.0083_as_of_ the effe ctive dat of this _ordinance or July- 1, 2013, .. wh ichever occurs later, to use - traffic infraction detectors within its jurisdiction to enforce F.S. 5 31.6,074 1 or Q 316,075 (1_� as may he amended _ from time to_tirne,_ when _a driver fails to -stop at a traffic signal on streets and highways in the City's_ jurisdiction, The City may u tilize traffic infraction detectors, as a supplemental n of moraitorincg and assistirrct law enforcement personnel in the enforcement of compliance with laws related to traffic si gnals as laermitted_ and _- _provided for by state law, which are designed to protF ct and i pprove the DUblic health, _safely, and welfare of the community and theiel_�y reduce accidents, injuries and disruption_ of traffic associated with such violations. DefinifiotvF Implementation of_Ge Law and D of Local f Officer, The following words, terms, and phrases when used herein shall have the rnleanir gs indicrated, runless the context clearly indicates- otherwise: AUl= I- fC)fTl - B -) -I= Mt RGI: NGY- VFI- IIGLES - -- Arilbulances - and vehicles - operated fey- -the fire- de-pailment- or -a -law enforcement agency when responding -to an ernergency. a -tEl�I fN�- ROA{ - - -= tape- �coec- Police Infraction Hearing Board established I MISUcInt to § 168 8. INTERSFC tON -- T -he area prolongation or cormection of the- lateral erlrb li ++e; or if none then the lateral boundary lines, of the- roadwayS -of Mo- roads -that join or- intersect one- nnothe + - -at or approximately at, right - angles; or - th e - area -wit h +I -+- which- vehicles traveling upon - Afferent- -roads joining -at any other angle in,-+y come in corrffict. M(M-) W HIGI_ - -F A ny - self- propelled - -- vehicle not operatecl -4+pon rails or guideway, but- not - irlcludind - any - bicycle, - motorized -- scooter - , electric -- personal assisted- mobility device or moped- NOTICE -OF INFRACTION--- -- A- citation issrlec { -fc}+ a violation, �'I_GB a T OWNCR/VI71 IICL - -F OaAINFR- - -= the -per ore or-entity- identified -hy- the -- Honda Depal -of -Motor Vehicles, or other states vehicle regist�= riiorl �# +cam -as -the register=ed owner of -a- vehicle, .-such -term shall also -mean- of a --motor vehicle laursuant to a lease of six months or more. RECORDE-0 IMAGIES -- - 1mages- recorded by a- traffio- control- Sig nal -ITIO itcr -k - Ig system /device that ire= (1) on two or n�or��- photographs, two -or mor& electronic jmages- digit-al-or - video -- movies - -or- any - other - medium- that can display -a -- -Red Zone Infraction; and (2)- showing the real - of a rnotr_ > +- vehicle- ane{, -e +� at�eaa�o+�e photograph or image, as applicable clearly -- identifying -tlle 1ioerlse- plate -number of -the vehicle. RED ZON[_ INFRAGI IC -)N ---- Any - violation of the recluirernents set forth in. _§_1613_ 14 hereof: - FRAFFIC CONTROL SIGNAL. - -- A device - exhibiting- different colored lights or colored lighted arrows, srlceessiwely; one ut rl time _�)r in cornhination,- usinc- only the colors green, yellow -and iec{, and which indicate and- apply- te-- clr-lvers - -of 11 rotor - velrieles a provided in § 316.0753, Florida Statues - . FRAFFIC CONTR()l-- SIGNAL- MONITO ING - -SYS ECM /UF=VIC;F- - - - -An electronic sy consisting of one or more vehicle sensors,- work i++g -in- conjunction- with -a traffic control signal, still carrlel rs ancl video re device, to capture and I_�rodue.e- rer;oided- images -of motor vehicles entering an i rite rsection- against -a steady re d- lie}ht r,ie }n _kF inc {iFzatiol�: in accordance with the_1)lovisio_ns of the Mark Wandal_I Traffic S Act-as-of the eff , -d-ate of this ordinance or July 1, 10'13, whichever occurs later, the -Cit_y hereby. adapts an implements the ii: 1arc�yi ions ancl_ reyiai_reiaaents of- Chapters - 2010 -80 2013 -_ , Laws_ of I lorida, as may be aiaaended fiom time to time, Effective July 1, 2013, the City_ shall utilirO a Local Heanng_Of'icer, as defin by Chapter 2013- _ Laws of Florida, in accordance with the provisions of the - __ Mark Wandall t taffic Safety Act, S ECT IO N 4; Severability The provisions of this Ordinance are declared to be severable and if any section, sentence, clause, or phrase of this Ordinance shall for any reason he Held to be invalid or unconstitutional such decision shall not affect the validity of the remaining sections, sentences, clauses and phrases of this Ordinance, but they shall remain in effect it being the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part. SEC ;: I nclrr sio rr i the Co de. It is the intention of the City Comm fission and it is hereby ordnined that the provisions of this Ordinance shall hecome and be naacle a part of the Code of the City of Ocoee that the sections of this Ordinance may be renumbered to accomplish such intentions, and that the word Ordinance shall be changed to Section or other appropriate word. SECTION 6: Effective date. This Ordinance shall be effective immediately upon adoption on second reading. PASSED AND ADOPTL this !y_ clay 01 _.2013 APPROVED: ATTEST: CITY OF [)C{)EE, FLORIDA /3EAL) S. Scott vande mayo[ ADVERTISED 2013 READ FIRST TIME 2013 RE - AD SECON,p TIM AND ADOPTED UNDER AGENDA ITEM NO. ( FOR USE AND RELIANCE ONLY BY THE CITY [}FOCOEE.FLORIDA; APPROVED AS TO FORM AND LEGALITY thiaCo doyof 2013. SHUFF|ELD,L0VVK0ANQVVLSON __ � rney ORDINANCE NO, 2008 -022 AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA ADOPTING A NEW ARTICLE III TO CHAPTER 168 OF THE CODE OF ORDINANCES OF THE CITY OF OCOEE RELATING TO THE ENFORCEMENT OF RED LIGHT TRAFFIC SIGNAL INFRACTIONS; PROVIDING INTENT AND DEFINITIONS; REQUIRING COMPLIANCE WITH RED LIGHT SIGNALS; PROVIDING FOR AND AUTHORIZING THE CITY TO IMPLEMENT THE USE OF UNMANNED CAMERAS/MONITORING DEVICES TO PROMOTE COMPLIANCE WITH RED LIGHT SIGNALS; PROVIDING FOR THE REVIEW OF RECORDED IMAGES BY CITY OFFICIALS; PROVIDING FOR THE ISSUANCE OF NOTICES OF INFRACTIONS; PROVIDING FOR THE IMPOSITION AND COLLECTION OF CIVIL PENALTIES AND ADMINISTRATIVE FEES; PROVIDING FOR AN APPEALS PROCESS; PROVIDING FOR EXCEPTIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Ocoee (the "City ") is located in a high density traffic area and regularly experiences traffic incidents related to the failure of motorists to obey duly erected traffic control devices, exposing its citizens to the dangers of personal injury and property damage; and WHEREAS, the City Commission of the City is concerned with the inability to sufficiently enforce the state statute prohibiting running of red lights, due mainly to the requirements that enforcement of the state statute requires the personal observation of police officers, affecting the ability to effectively reduce the significant dangers presented to motorists and pedestrians by the failure to stop for a red light; and WHEREAS, the use of unmanned cameras to enforce toll violations on the state's toll roads has been determined to be fair, reasonable and sufficient in order to effectively enforce laws regulating the payment of tolls without the need to commit the extreme amount of personnel that would be necessary without the use of unmanned cameras; and WHEREAS, similarly, the use of unmanned cameras will be effective in enforcing laws requiring vehicles to stop for red lights; therefore freeing City police personnel to respond to other, and sometimes more, significant incidents as well as serious crime; and WHEREAS, local governments in different parts of the state and country have demonstrated the enhancement of vehicular and pedestrian traffic safety attributable to the integration of automated image capture technologies with traditional traffic law enforcement methodology; and WHEREAS, Section 316.008, Florida Statues, grants municipalities, with respect to streets and highways under their jurisdiction and within the reasonable exercise of police power, the authority to regulate and monitor traffic by means of police officers and security devices; and WHEREAS, the City has home rule authority pursuant to Article VII, Section 2 of the Florida Constitution and Chapter 166, Florida Statues, to enact an ordinance making the failure to stop ORLA_1130919.2 for a red light indication a violation of the City Code, and to provide for enforcement of such violations of the City Code through the use of the Ocoee Police Infraction Hearing Board; and WHEREAS, Florida Attorney General Opinion 05 -41, issued July 12, 2005 ( "AGO No. 05- 41 "), confirms the authority of the City to enact an ordinance making the failure to stop at a red light indication a violation of the City Code, to use unmanned cameras to monitor intersections in the City for such violations of the City Code, and to record the license tag numbers of vehicles involved in such violations; and WHEREAS, the Florida Attorney General has opined that the City may not issue uniform traffic citations under the Florida Statutes to drivers for violations observed by the use of unmanned cameras and not otherwise observed by police officers; and WHEREAS, in order to be consistent with state law and AGO No. 05 -41, the City will not issue the uniform traffic citation prescribed by Chapter 316, and will not prosecute offenses of its City ordinance through county court, but rather through the City's enforcement program; and WHEREAS, the City Commission finds it to be fair and reasonable to use the same procedure used by the state to enforce toll violations through unmanned cameras, and to provide alleged violators with the opportunity to have an appeal hearing before the Ocoee Police Infraction Hearing Board; and WHEREAS, the City Commmission finds that implementation of the enforcement program as set forth herein will promote, protect and improve the health, safety and welfare of its citizens, consistent with the authority of and limitations on the City pursuant to the Florida Constitution and Florida Statutes, NOW, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION OF THE CITY OF OCOEE, FLORIDA AS FOLLOWS: Section 1. Authority. The City Commission of the City of Ocoee has the authority to adopt this Ordinance pursuant to Article VIII of the Constitution of the State of Florida and Chapters 316 and 166, Florida Statutes. Section 2. Recitals The above recitals are true and correct and are hereby incorporated herein. Section 3. Traffic Light Safety A new Article III to Chapter 168 of the Code of Ordinances of the City of Ocoee, Florida is hereby adopted as follows: See Exhibit "A" attached hereto, and by this reference made a part hereof, Section 4. Severability If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion hereto, ORLA 1130919.2 Section 5. Codification It is the intention of the City Commission of the City that the provisions of this Ordinance shall become and be made a part of the Code of Ordinances of the City; and that sections of this Ordinance may be renumbered or relettered and the word "ordinance" may be changed to "chapter," "section," "article," or such other appropriate word or phrase in order to accomplish such intentions; and regardless of whether such inclusion in the Code is accomplished, sections of this Ordinance may be renumbered or relettered and the correction of typographical errors which do not affect the intent may be authorized by the City Manager, without need of public hearing, by filing a corrected or recodified copy of same with the City Clerk. Section 6. Effective Date This Ordinance shall become effective immediately upon passage and adoption, PASSED AND ADOPTED this of 1 008, APPROVED: ATTEST: Be ikenberry, City Clerk (SEAL) CITY OF OCOEE, FLORIDA S. Scott Vandergrift, Mayor ADVERTISED Flo\) . 23 , 2008 READ FIRST TIME hl�i IFS , 2008 READ SECOND TIME AND ADOPTED >eC I 2 , 2008 UNDER AGENDA ITEM NO. FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA; APPROVED AS TO FORM AND LEGALITY (��� ������ this a day of !L`�� (/ , 2008. FOLE L NER LLP B City Attorney ORLA4 1130919.2 EXHIBIT "A" ORLA 1130919.2 11/06/09 EXHIBIT "A" TO ORDINANCE NO. CHAPTER 168 ARTICLE III TRAFFIC LIGHT SAFETY § 168 -10. Title. This Article shall be known and may be cited as the "Traffic Light Safety Article." § 168 -11. Intent. The purpose of this Article is to authorize the use of an unmanned cameras /monitoring system to promote compliance with red light signal directives as prescribed by this Article, and to adopt a civil enforcement system for red light signal violations. This Article shall be supplemental and in addition to any other applicable law and shall not supersede, infringe, curtail or impinge upon state laws related to red light signal violations or conflict with such laws. § 1.68 -12. Use of Image Capture Technologies. The City shall utilize image capture technologies as a supplemental means of monitoring compliance with laws related to traffic control signals, while assisting law enforcement personnel in the enforcement of such laws, which are designed to protect and improve public health, safety and welfare, The City shall utilize image capture technologies as an ancillary deterrent to traffic control signal violations and to thereby reduce crashes and injuries associated with such violations. § 168 -13. Definitions. The following words, terms and phrases when used herein shall have the meanings indicated, unless the context clearly indicates otherwise; (a) Authorized Emergency Vehicles mean ambulances and vehicles operated by the fire department or a law enforcement agency when responding to an emergency (b) Hearing Board means the Ocoee Police Infraction Hearing Board established pursuant to Section 168 -8. (c) Intersection means the area embraced within the prolongation or connection of the lateral curb line; or if none, then the lateral boundary lines, of the roadways of two roads that join or intersect one another at, or approximately at, right angles; or the area within which vehicles traveling upon different roads joining at any other angle may come in conflict. ORLA 1141598.1 11/06/08 (d) Motor vehicle means any self - propelled vehicle not operated upon rails or guideway, but not including any bicycle, motorized scooter, electric personal assisted mobility device or moped. (e) Notice of Infraction means a citation issued for a violation Section 168 -17. (f) Owner /Vehicle Owner means the person or entity identified by the Florida Department of Motor Vehicles, or other state vehicle registration office, as the registered owner of a vehicle. Such term shall also mean a lessee of a motor vehicle pursuant to a lease of six months or more. (g) Recorded Images mean images recorded by a traffic control signal monitoring system/device that are: (1) on two or more photographs, two or more electronic images, digital or video movies, or any other medium that can display a Red Zone Infraction; and (2) showing the rear of a motor vehicle and, on at least one photograph or image, as applicable, clearly identifying the license plate number of the vehicle, (f) Red Zone Infraction means any violation of the requirements set forth in Section 168- 14 hereof, (g) Traffic Control Signal means a device exhibiting different colored lights or colored lighted arrows, successively, one at a time, or in combination, using only the colors green, yellow, and red, and which indicate and apply to drivers of motor vehicles as provided in Section 316.075, Florida Statues. (h) Traffic Control Signal Monitoring System /Device means an electronic system consisting of one or more vehicle sensors, working in conjunction with a traffic control signal, still cameras and video recording device, to capture and produce recorded images of motor vehicles entering an intersection against a steady red light signal indication. § 168 -14. Adherence to Red Light Traffic Control Signals. Any motor vehicle facing or approaching a traffic control signal displaying a steady red light indication shall stop before entering the crosswalk on the near side of the intersection or, if none, then before entering the intersection and shall, except as provided below, remain standing until a green indication is shown on the traffic control signal. After a motor vehicle has stopped in accordance with the foregoing, such motor vehicle may make a right turn as permitted by law. § 168 -15. Introductory period. Until such time as the City Commission adopts a resolution advising the City Manager to commence enforcement of this Article subsequent to the installation of traffic control signal monitoring system(s) /device(s), unless the driver of a motor vehicle received a citation from a Law Enforcement Officer at the time of a red zone infraction in accordance with normal traffic enforcement techniques, the owner shall receive a courtesy notice of the violation. Commencing 2 ORLA 1141598.1 11/06/08 on the date set forth in the resolution, the City Manager shall commence enforcement of this Article and owners shall be subject to enforcement as provided herein. § 168 -16. Reviewing of Recorded Images. A. The owner of a vehicle observed by recorded images committing a red zone infraction shall be issued a notice of infraction. The recorded images shall be sufficient grounds to issue a notice of infraction, B. The City Manager or his designee shall designate one or more Traffic Control Infraction Review Officer(s), who shall meet the qualifications set forth in 316.640(5)(A), Florida Statues, or any other applicable statute, The Traffic Control Infraction Review Officer(s) shall review recorded images prior to the issuance of a notice of infraction to ensure accuracy and the integrity of the recorded images. The Traffic Control Infraction Officer(s) shall also verify that the traffic control monitoring system/device that capture the recorded images was functioning properly at the time the recorded images were captured. Once a Traffic Control Infraction Review Officer has verified the accuracy of the recorded images and functionality of the traffic control monitoring system/device, he or she shall complete a report, and a notice of infraction shall be sent to the owner of the vehicle at the address on record with the Florida Department of Highway Safety and Motor Vehicles. § 168 -17. Notice of Infraction. A notice of infraction issued pursuant to this Article shall include: (a) The name and address of the vehicle owner; (b) The license plate number and registration number of the vehicle; (c) The make, model, and year of the vehicle; (d) Notice that the violation charged is pursuant to this Article; (e) The location of the intersection where the red zone infraction occurred; (f) The date and time of the red zone infraction; (g) Notice that the recorded images relating to the vehicle and a statement that the recorded images are evidence of a red zone infraction; (h) The civil penalty imposed; (i) Images depicting violation; (j) The procedures for payment of the civil penalty and contesting the notice of infraction; ORLA 1141598.1 11/06/08 (k) A signed statement by a Traffic Control Infraction Officer that, based on inspection of recorded images, the vehicle involved has committed a red zone infraction; and (1) Information advising the person alleged to be liable under this Article of the manner and time in which liability as alleged in notice of infraction may be appealed and warning that failure to pay the civil penalty or to contest liability in a timely manner is an admission of liability. § 168 -18. Vehicle Owner Responsibilities. A. A vehicle owner receiving a notice of infraction may, within twenty -one (21) days of the date of the notice of infraction: i. Pay the assessed civil penalty pursuant to instructions on the notice of infraction; or ii. Request an appeal pursuant to the procedures set forth in the notice of infraction. B. The failure to comply with the provisions of this Article within twenty-one (21) days of the date of the notice of infraction shall constitute a waiver of the right to contest the notice of infraction and will be considered an admission of liability. § 168 -19. Appeal to Hearing Board. A. The Hearing Board is authorized to consider appeals under this Article. B. Upon receipt of an appeal, the City shall schedule a hearing before the Hearing Board to occur not less than sixty (60) days after the City's receipt of the appeal request. The City shall provide notice of the hearing to the vehicle owner no less than ten (10) days prior to date of the hearing, and shall be delivered via certified U.S. mail to the same address to which the notice of infraction was sent. After such hearing, the Hearing Board shall issue a written order granting or denying the appeal. C. The following shall be permissible grounds for granting an appeal: i. At the time of the infraction, the vehicle was not under the care, custody, or control of the vehicle owner or an individual with the vehicle owner's consent, established pursuant to affidavit as provided in Section 168 -20; ii. The vehicle driver was issued a citation by a law enforcement, which was separate and distinct from the citation issued under this Article, for violating the steady red traffic control signal; iii. The vehicle driver was required to violate the steady red traffic control signal in order to comply with other governing laws; 4 ORLA 1141598.1 11/06/08 iv. The vehicle driver was required to violate the steady red traffic control signal in order to reasonably protect the property or person of another; V. The steady red traffic control signal was inoperable or malfunctioning; or vi. Any other reason the Hearing Board deems appropriate. D. The applicable Traffic Control Infraction Review Officer(s) shall testify at the hearing. The vehicle owner, or his or her representative, may also present testimony and evidence. E. Recorded images indicating a red zone infraction, verified by the Traffic Control Review Officer, are admissible in any proceeding before the Hearing Board to enforce the provisions of this Article, and shall constitute priina facie evidence of the violation, F. Unless an affidavit is provided pursuant to Section 168 -20, it is presumed the person registered as the vehicle owner with the Florida Department of Highway Safety and Motor `vehicles or any other state vehicle registration office, or an individual having the owner's consent, was operating the vehicle at the time of a red zone infraction. G. Formal rules of evidence shall not apply at the hearing on the appeal and any relevant evidence may be admitted. Hearsay evidence may be admitted, but shall not form the sole basis upon which the Hearing Board's decision is made. Irrelevant and unduly repetitious evidence may be excluded. The hearing shall be conducted in a manner to ensure that procedural and substantive due process is afforded the owner. § 168 -20. Vehicle Owner Affidavit of Non - responsibility. A. In order for the vehicle owner to establish that the vehicle was, at the time of the red zone infraction, in the care of, custody, or control of another person without the consent of the vehicle owner, the vehicle owner is required to complete an affidavit setting forth the circumstances demonstrating that the vehicle was not in the vehicle owner's care, custody or control, or that of a person with the vehicle owner's consent. The affidavit must be executed in the presence of a notary and include: i. If known to the vehicle owner, the name, address, and the driver license number of the person who leased, rented or otherwise had care, custody or control of the motor vehicle at the time of the alleged red zone infraction; or ii. If the vehicle was stolen, the police report indicating the vehicle was stolen at the time of the alleged red zone infraction. iii. The following language immediately above the signature line: "Under penalties of perjury, I declare that I have read the foregoing affidavit and that the facts stated in it are true." G ORLA 1141598.1 11/06/08 B. The vehicle owner may present an affidavit pursuant to this section as a defense in any proceeding before the Hearing Board. § 168 -21. Penalties. A violation of this Article shall be deemed a non - criminal, non- moving violation for which a civil penalty in the amount of $125.00 shall be accessed. As the violation relates to this Article and not the State Statutes, no points, as provided in Section 322.27, Florida Statues, shall be recorded on the driving record of the vehicle owner or responsible party. § 168 -22. Administrative Charges. In addition to any assessment imposed pursuant to Section 68 -21, if the Hearing Board denies an appeal, the owner shall also responsible for payment of administrative charges in the amount of the City's actual costs of the appeal. § 168 -23. Collection of Fines. The City Manager or his designee may establish procedures for the collection of a penalty imposed herein, and may enforce such penalty by civil action in the nature of debt. The owner shall also be responsible for payment of any costs incurred by the City in any legal proceedings instituted to collect money due under this Article. § 168 -24. Exceptions. This Article shall not apply to red zone infractions involving vehicle collisions or to any authorized emergency vehicle responding to a bona fide emergency; nor shall a notice of infraction be issued in any case where the operator of the vehicle was issued a citation for violating the state statute regarding the failure to stop at a red light indication. I ORLA_1141598.1 WUARD SMITH b C—ATSAM. PA " — SHEPARD, SMITH & CASSADY, P.A. 2300 Maitland Center Pky. Suite 100 Maitland, FL 32751 PH: (407) 622-1772 FAX: (407) 622-1884 www.shepardfir_m.com Contact: Andrew J. Hand Response to RFQ #1403 Hearing Officer Services August 14, 2014 Table of Contents Title Pagellnvitation to Bid ........ ............................... i Table of Contents ......... ............................... Tab 1: 1 -1 Transmittal Letter ......... ............................... Tab 1: 1 -2 Biographical Information of Assigned Attorney ................Tab 1: 1 -3 Services Provided ............ ............................Tab 1: 1 -5 Business & Professional Licenses ..........................Tab 1: 1 -6 Submittals: Section 1: Qualifications ............................... Tab 2: 2 -1 Section 2: References .. ............................... Tab 3: 3 -1 Section 3: Schedule and Availability ......................Tab 4: 4 -1 Section 4: Required Forms .............................. Tab 5: 5 -1 1 -1 SHEPARD, SMITH b A 1-1 CASSADY, P SHEPAPDF RM COM AUgUSt 14, 2014 Joyce Tolbert, CPPB, Purchasing Agent finance Departmelit/Purclutsing, 2nd fl. 1 50 N*. Lakeshore Drive Ococe. Florida 34761 Response to RFC,) # 1 3 ) — hearing Officer Services Dear Ms. Tolbcrt: I am pleased to respond to the City's RI -Q For hearing; officer services on behalf of myself and firm. Enclosed with this transmittal letter are one original and lMir electronic copies of my response to the RFO- PresentlN I serve as Alternate I learing Officer for red light camera infractions in the Cite of Ocoee, 1 hav�e prosecuted red light camera infractions i,I the Cities of Maitland and l dgcwood and rendered legal advice to the police departments of those municipalities regarding red light e111 for the past several years. Further, I drafted the Cite o1 Maitland's initial red Light ordinance and have provided legal counsel to the City regarding adoption of amendnlcnts to the ordl lilt lice. I am Board Certified in City, County and Local Government Law, and am certified as an expert in the field b the Florida Bar. In addition to serving, as Alternate Hearing Officer for the Cite of Ococc, as a member of our firm, I provide legal counsel to eight central Florida mtu�icipalitics the Cities of Naitland, Edgewood. Hagler Beach, Dunnellon, Mascotte, Mount Dora, Apopka, and the Town of Ponce Inlct. 11' 1 am fortunate enough to be chosen to serve as I learing Officer for rcd light hearings in the City of Ocoee, I promise to continue my practice of providing prompt responses. attention to detail, and commitment to supplying the hest judicial and Iega1 services available to the (`ity of Ocoee. Andr .1. I land A] I I /Is 1 -2 toll free 866.247.3008 of fice 407.622.1772 fax 407.622.1884 Andrew J. Hand, Esquire of Shepard, Smith & Cassady, P.A. Andrew J. Hand is an attorney focusing his practice on all aspects of local government law, land use, business and real estate law. He is a Board Certified Specialist by the Florida Bar in City, County and Local Government Law and presently serves as an Assistant Municipal Attorney for the Cities of Maitland, Mount Dora, Flagler Beach, Mascotte, Edgewood, Dunnellon, Apopka and the Town of Ponce Inlet. Andrew currently serves as Alternate Hearing Officer for red light camera infraction hearings in the City of Ocoee. In addition to representing municipal clients, Andrew provides legal services to a variety of business organizations and individuals. He has represented both large and small scale developers, including a military contractor to whom he provided legal assistance during the development of a one - hundred -fifty million dollar project. A leader in Florida's "green" movement. Andrew is skilled in assisting local government and private sector clients who require the assistance of an attorney knowledgeable of legal issues that arise during the course of green and sustainable development projects. In addition to his practice, Andrew has served on the University of Florida, Levin College of Law Faculty as an Adjunct Professor of Florida Land Use Law. Currently, he actively assists and provides lectures to the law college's Conservation Clinic. Andrew is a quadruple Gator, having earned his LL.M. in Environmental and Land Use Law, Juris Doctor, Master of Science in Real Estate, and Bachelor of Science in Business Administration degrees all from the University of Florida. Publications: "Senate Bill 360 Essentials for Real Estate Professionals," University of Florida Friends and Alumni ofReal Estate Quarterly Newsletter, (Fall 2009) 1 -3 "Funding Available to Central Florida Local Governments under the American Recovery and Reinvestment Act of 2009," SS &C, (March 2009) "Amendment One Need Not Have a Chilling Effect on Local- Government "Green" Building Efforts in Florida," Quality Cities Magazine, (March/April 2008) "Local Government Authority to Remove Abandoned and Derelict Vessels," Waterways and Waterfronts, (January 2007) Local Government Experience — 7 years 1 -4 Services Provided Andrew J. Hand provides all services referenced in the "Scope of Services" section of the RFQ. 1 -5 Business and Professional Licenses A list of Andrew J. Hand's licenses and certifications is below. Copies of these licenses and certifications follow this list. Florida Bar Board Certification in City, County & Local Government Law Florida Bar Member Profile (showing licensure) Maitland Business Tax Receipt — Shepard, Smith & Cassady, P.A Orange County Business Tax Receipt LEED AP Accreditation 1 -6 �-t tT'l.1 m x r z Z 1 � IJ Z Q i< F i w GU...J tt i J Z 4 0 $-� m 4 �'t tA J '4 The Florida liar - Memberilrolile 11Up:It���1� 1klridahar. or4;' w' ps�portall tlba r !lionicl'ittysearchinlprofile.`I Ethics Rules LOMAS professionals rn Login Followth BUT THE BAR NEW, b EVENTS THE FLORIDA eAR i Find A Lawyer i rytemberf'rohle Andrew James Hand Member in Good Standing THE FLORIDA BAR I ON Till PUP'. t, RF t,QEP. Sr-i2`h2ES Bar Number: 35859 Address: Shepard Smith and Cassady PA. Admitted: 2300 Maitland Center Pkwy Ste 100 Young Lawyers Maitland, FL 32751-7410 Division: United States Phone: 407-622-17721 Fax: 407- 622 -1884 Email: ahand@s coin vCard. ? County: Orange Circuit: 9 Admitted: 04/182007 Young Lawyers Member Division: 10 -Year Discipline None History: Board Certifications Area City, County and Local Gove Law Law School: Ur.ivetslty of Florida. Fredric G Levin College of Law Degree: L t M Firm: Shepard, Smith 8 Cassady, PA Firm Size: 610 10 Website: www shepard'um com Search Thn Fkx.ta Bar Fe:,C, r \LJAJ Ir,R Eligible to Practice Law in Florida Year 2014 Tho Find a Lawyer directory is provided as a public service, It'. Florida Bar main Wens limited basic Information about attorneys licensed to practice in the *litt 9 , name, address, year of birth, gender, law school. *handed, admission Veen However, through this ch—lory, The Florlda Bar allows individual attorneys the opportunity to prowde for public Inforntahon certain expanoed panoref and p,.1."iorsal data Its the attorney's niaponsibihry to rcutmety rovsew alto update those expanded listings. The information contained to those expanded listings is pro so mad by the Bar "as is with no warranty of any kind, c. press or lrnplood.. The Florida Bat, its Board of Governors, employees, and agents thereof am not responsible for the accuracy of that additional data, publication of anomeys' ccnWcl information withir this listing should not be construed as their consent to receive unsolicited communications many form. Certain unauthorized uses of this data may result in civil or criminal penalties. The Find a Lawyer directory is not a lawyer referral service. I o1'2 8 12/20 2:43 IN The Florida Bar - Membef http: / /www.flori dabar.org /wps /portal /flhar /home /attysearchJmprofi le /! ... About the Bar News, Events & For the Public Member Services Directories President s Page Publications Attorney Discipline Continuing Legal Education Search fora Lawyer Board of Governors Daily News Summary Consumer Information Board Certification Browse Lawyers by Luca lion Committees The Florida Bar News Speakers Bureau Benefits and Discounts Browse Lawyers try Certification Sections & Divisions The Florida Bar Journal Courts Employment Opportunities Browse Lawyers by Section Wnat We Do News Releases The Vote's in Your Court Lowyers Helping Lawyers Browse Lawyers by Committee Fregjentty Asked Questions Calendars Fair& Impartial Courts Lawyers Advising Lawyers Lawyer Referral Servnce History Meetirgs Clients' Security, Fund Florida Lawyers A sistance Authnmed House Counsel Past Presidents Media Resources Prepaid Legal Services E -filing Resources Certified Foreign Legal Strategic Plan 8 Research Reporters tlandoWk Pro Bono /18ga1 ad Florida Registered Paralegal Consultant Issue Papers =lorida Registered Paralegals Working al the Bar Unlicensed Proctico of Law Pm Bono hformation Contact Us Publications Legislative Activity mow' Faculty Affiliate Members Courts & Judges Diversity Join Lawyer Refemal Service Florida Bar Staff Leadership Academy Legal Groups & Law Schools Judicial Nominating Commission Research & Professionalism Ethics Opinions Rules Regulating the Bar Fastcass Legal Research LO WS - Law Office Management Assistance Sence Fienry Latimer Center for Professionalism 2 of 2 8/12/2014 2:43 PM CITY OF MAITLAND 1776 INDEPENDENCE LANE MAITLAND, FL. 32751 BUSINESS TAX RECElff PROFESSIONAL, LOCAL TAX RECE * 7437 EFFECTIVE: 10/01/ 013 Ex I.PATI.ON 09/30/2014 LOCATION: 2300 MAITLAND � PR�i►Y #10`0 HAND, ANDREW J.l CATEGORY-. PROFESSIONAL TYPE: OCCUPATION ' ATTORNEY POST IN A CONSPICUOUS PLACE The person, ten. or =pmbm named above is bweby granted W mceipt to tees paid to ffie city of MiMand far the bins desar above w ove P or Vft moso does no( w"e the holder to operate or nokdm a Nowte= in viaiaboo of any haw or ordrianw. The Cdr of Ma is r d does not guarantee the quafta&m of t e hakl er of ttos receipt NOT VALID UNLESS SIGNED BY CITY OFFICIAL CITY OFFIGIAL Scott Randolph, Tax Collector Local Business Tax Receipt Orange County, Floridz This local business tax receipt is In addition to and not in lieu of any other tax required by law or municipal ordinance. Businesses are subject to regulation of zoning, health and oth. lawful authorities. This receipt is valid from October 1 through September 30 of receipt year. Delinquent penalty is added October 1. ** *ORIGINAL * ** 2013 3002 ATTORNEY $30.00 TOTAL TAX $30.00 PREVIOUSLY PAID $30.00 TOTAL DUE $0.00 2300 MAITLAND CENTER PKWY #100 E - MAITLAND, 32751 EXPI ES"`?f3012014 Ay 7 'J N A j' ° i 3002- 1057049 D ANDREW J SHEPARD SMITH & CASSADY PA HAND ANDREW J 2300 MAITLAND CENTER PKWY #100 MAITLAND FL 32751 PAID: $30.00 099 - 00606118 9/17/2013 This receipt is official when validated by the Tax Collector. 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. Response: Andrew J. Hand Florida Bar Number: 0035859 Andrew J. Hand is in good standing as a member of the Florida Bar. Resume attached. • 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, the provisions of Section 316.0083, Florida Statutes and Ocoee City Code Chapter 168, Article III, Traffic Light Safety. Response: Andrew J. Hand currently serves as Alternate Hearing Officer for red light camera infractions in the City of Ocoee. He is thoroughly familiar with Florida Red Light Standards and Technology, the provisions of Section 316.0083, Florida Statutes and Ocoee City Code Chapter 168, Article III, Traffic Lights Safety and have applied same at City of Ocoee red light hearings. Further, Andrew has prosecuted red light camera traffic infractions in the Cities of Maitland and Edgewood and rendered legal advice to the police departments of those municipalities regarding red light enforcement. In addition, he drafted the City of Maitland's initial red light ordinance and has provided legal counsel to the City regarding adoption of amendments to the ordinance. 2 -1 • A statement related to the experience of the Respondent as a member of the judiciary, as a special magistrate or as a hearing officer. Response: Andrew J. Hand currently serves as Alternate Hearing Officer for red light camera infractions in the City of Ocoee. A statement describing the firm's ability to provide prompt, quality legal services. Response: Andrew J. Hand, and all the lawyers of Shepard, Smith & Cassady, PA, are committed to be being the absolute best in their profession. That is why the Firm emphasizes the advanced professional development of all its lawyers, including pursuit of board certification from the Florida Bar, authorship of scholarly articles and the assumption of leadership positions in the community. The Firm holds the coveted AV rating, the highest attainable rating for legal services, as established in the Martindale - Hubbell Law Directory. When clients choose Shepard, Smith & Cassady, P.A., they know they are receiving the benefit of knowledgeable and experienced attorneys to service their legal needs. The Firm's attorneys are committed to providing prompt, efficient and exemplary legal service that is driven by the specific needs of each client today, tomorrow and in the years to come. We build relationships that last. 2 -2 • A statement disclosing any current, pending or potential disciplinary action or malpractice claim or other like proceeding against the firm. List any partner or associate of the firm that is involved in such action or claim. Response: None. Without breaching client confidentiality, a statement indicating whether any clients are currently involved or anticipate 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. Response: None. • 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 contract term. Response: None. 2 -3 ANDREW J. HAND Shepard, Smith & Cassady, PA 2300 Maitland Center Parkway, Suite 100 Maitland, FL 32751 (407) 622 -1772 ext. 104 ahand @shepardfirm.com I AW PPACTtC'F & TEACHING EXPERIENCE Shepard, Smith & Cassady, P.A. Maitland, FL Associate Attorney, 2007 - Present. Litigation, real property, land use, and local government law. Assisted clients in all aspects of complex commercial litigation, assisted clients in commercial real estate closings, drafted development documents, drafted municipal ordinances, provided extensive advice to local governments regarding Florida growth management law, provided advice to local governments regarding environmental issues, advised clients on "green" development issues, served as attorney for several HOA and condominium associations. University of Florida, Frederic G. Levin College of Law Gainesville, FL Adjunct Professor of Florida band Use Law, 2009. Instructor, 2008. Designed and taught upper level law course. Florida Land Use Law (LAW6930, Section 5457) is a "practitioner oriented" course addressing land use law specific to the State of Florida. The course curriculum focuses on the necessity, history, and implementation of growth management controls in Florida and addresses county and municipal authority to regulate, requirements mandated by Florida's Growth Management Act, comprehensive planning in Florida, zoning ordinances, creative land use controls, CRAs, CDDs, Florida takings law, and litigation relating to land use disputes. Federal Development, LLC Washington, DC Legal Associate, 2005. Reviewed and redrafted development agreements, legal and predevelopment work for a $150,000,000 - 300 acre project. University of Florida Gainesville, FL Teaching Assistant, 2002 -2003. Business Law 4310. Graded coursework, proctored exams, held office hours to assist students, created test questions. Ar nirrrnvAI. PRnFFSSIONAL WORK EXPERIENCE Holbrook Inc. Gainesville, FL Accountant, 2002 -2003. Generated custom income statements and managerial reports. Gainesville Police Department Gainesville, FL Crime Analysis Intern, 2002. Narcotics research / creation of narcotics intelligence files, intelligence research, analysis. PUBLISHED ARTICLES "Senate Bill 360 Essentials for Real Estate Professionals," University (if Florida Friends and Ali mni of Real Estate Quarterly Newsletter, (Fall 2009) "Funding Available to Central Florida Local Governments under the American Recovery and Reinvestment Act of 2009," SS &C, (March 2009) Page 1 of 2 "Amendment One Need Not Have a Chilling Effect on Local- Government "Green" Building Efforts in Florida," Quality Cities Magazine, (March /April 2008) "Local Government Authority to Remove Abandoned and Derelict Vessels," Waterways and Waterfronts, (January 2007) PRESENTATIONS Presenter - "Dark Sky Legislation by Local Governments," University of Florida, Levin College of Law, Marine & Coastal Law (March 2010) Moderator & Panelist — 2009 Florida Brownfields Conference. "Brownfields & Green Development," Florida Brownfields Association (Scheduled, November 2009) Presenter - "An Overview of Florida's System of Growth Management," University of Florida, Levin College of Law ELULP Internship and Externship Orientation (May 2009) Presenter - "A Normative Analysis of Transferable Development Rights in Florida and their Role in Takings Analysis," University of Florida, Levin College of Law Conservation Clinic (April 2009) CERTIFICATIONS & AWARDS Florida Bar Board Certified Specialist in City, County and Local Government Law LEED® AP (Leadership in Energy and Environmental Design Accredited Professional) Planning Award for Town of Marineland Unified Land Development Code — Awarded by American Planning Association, Florida Chapter EDUCATION University of Florida, Frederic G. Levin College of Law Gainesville, FL LL.M. in Environmental and Land Use Law, May 2009 University of Florida, Frederic G. Levin College of Law Gainesville, FL Juris Doctor (cum laude), December 2006 • Elected to Phi Kappa Phi Honor Society • Member Phi Delta Phi Cockrell Inn — Legal Honors & Service Fraternity University of Florida, Warrington College of Business Gainesville, FL Master of Science in Real Estate, May 2006 . Recipient of Capstone Development Project Award University of Florida, Warrington College of Business Gainesville, FL B.S. Business Administration (cum laude), Major in Finance, May 2002 Minor in Economics, December 2001 Minor in Classical Studies, May 2002 • Elected to Golden Key National Honor Society • Elected to Eta Sigma Phi - Classics Honor Society • Elected to National Society of Collegiate Scholars Page 2of2 Section 2: References • A list of three references, including specific governmental clients, providing name, address, email address, phone number. Response: City of Maitland Jim Williams, City Manager 1776 Independence Lane, Maitland, FL 32751 iwilliams(cr)itsmymaitland.com 407 -539 -6220 City of Mount Dora Mike Quinn, City Manager 510 Baker Street, Mount Dora, FL 32757 quinnm ccDci.mount- dora.fl.us 352 - 383 -4801 Town of Ponce Inlet Jeaneen Witt, Town Manager 4300 S. Atlantic Avenue, Ponce Inlet 32157 iwitt ponce- iniet.org 386- 322 -6717 3 -1 Section 3: Schedule and Availability Provide confirmation that the Respondent is available to serve as the Hearing Officer one to two days per month and that the Respondent acknowledges that travel time to and from the City is not reimbursable. Response: Confirmed and acknowledged. • Location of office and approximate distance (in miles) and time (in hours) to Ocoee City Hall. Response: 2300 Maitland Center Parkway, Suite 100, Maitland, Florida 32751. Approximately 18 miles, .3 hours (21 minutes) from Ocoee City Hall. 4 -1 Section 4: Required Forms Company Information /Signature Sheet attached. 5 -1 C0.11PANY SHPa;T Rrt? 41403 FAILURE': TO (UMPIX WITH THESE RFQ INSTRUCHONS WILL RE'SUI °1 IN DT., CQI! f,IFI('A•I'tON OF YOUR QUALIFIC:r\TION I'AC`KAGE. PLL'ASE ST6N BELOW ATTESTING CHAT YOU HAVE' READ AND UNDERSTAND ALL RFC) r\'s I :UC I IONS AND THAT YOU UNDERSTAtiI) "1}tA "i "I [EL: SUCC I:SSI�UL RE"WONDENT WILL BE R[ :OUIRED TO ENT1 1: IN L1'G.•\LL.Y BINDING CONTRACT W111 HL, CITY ()I� OCOEE. Shepard, Smith & Cassad ,_ P_A. ____ x.07- 622. 1772_ CO\ IPz\\Y -N9NT', TELEPHONE (1ACLUDE ARIA C:OI�)F.) --4 6 2 2- -l--884 1 \N 0 UI AR1:A ('ODE) ciliaii(1@61iepardfirin.com / ;/ 1r r - y4A1L ��I)Dr<LSS ___.__ - \t7 tlUIE.I /fa) SlCr \:AI Cf � (manual) IF RE \41TTANCE ADDRESS IS DIFFERLNT I-ROM PURCt1ASF. ORDER ADDRESS, PLEASE INl)IC AI BELOW: Andrew ,Z_1 1and.LAt torn ey NA \1F / "CI FLE (1 IiASI PKIN'I ) 2300 Maitland Ctr. Pkwy. Sui te_ _LQQ _ —._ -- S I RI-k F ADDRESS Mai- tland > r _327 - 11__ _. CITY ST:A 'l ZIP 1'EUF•R.'\1, ID "3 2 -0- 24 2 5 5 7 -- Indk idua; X— Corporation Partnership_ Other (Speci[: \,) "worn it and u',sc ibid before me this ���' day of �L/�a. Personally Knov��rt or Produced Iil ntillri(ivn No%try Public - State of (Type of ldcntitication) County of 4 Pi is ;;��►' "' LINDA A. SMITH MY COMMISSION* EES55726 Printed typed or s:anrpe<1 EXPIRES March 10, 2047 t`ommr5sioncd name of Notary Public t497)30"IM Fweo 0Wf$wv".cam RF0 1403 i {F r1{:1N(i Ol'1 1C'I?, {Z S[;RV{CLS 1 1 rk 1, 11. � it vrl, Ir., [."S({- ylas�ih�� ° +�t 1 9-3 1 1. 34 ''61 Ce[l X321) 332 -3192 August 4, 2014 Joyce Tolbert, Purchasing Agent City of Ocoee 130 N. Lakeshore Drive. Ocoee, Florida 34761 Re: RFQ- 14- 03- 1- 2014/.1T. HEARING OFFICER SERVICES Dear Ms. Joyce Tolbert: I am contacting VOL) in regards to the Ilearim Officer Services position at the C'ity of Ocoee RFC, -1403. The broadcast date was July 20. 2014. 1 arr)� very interested in being awarded the continuing contract as the hearing officer to hear appeals regarding red light camera violations. I am presently an active member of'Che Fiorida 13ar in good standing. I have been a practicing attorney in good standing in Florida since 1971. After 32 years ol'employment with the state of Florida, 1 retired. I am presently not in private practice nor do I have any clients. I am a long time resident of Ocoee. I presently serve as the City of Ocoee hearing officer administrating the City's 'Traffic Light Safety program under contract since August. 2013. 1 have completed the ATS requirements. I have heard appeals and promptly rendered decisions in a professional manner with a proven track record of enforcing red light camera violations. I have worked well - vvith the clerk's office, the Ocoee enforcement officers and others assigned to this program. I have the skills, knowledge and temperament to uphold the law and to be fair and impartial in all cases in a professional manner. I am ready, willing and able to amtinue ill said capacity under the same contract terms and conditions and/or as maybe requested by the City. Please find enclosed copy of my bar license, proof of Florida bar membership, ATS certitication, a resume. and the requested signed company information form. I await your reply. Thank you. Sincerely. )� , t: 6 ? t 'RLD WILSEN niw /enc Frederick Henry Wilsen Jr. 111111111 0166130 Fhe Florida liar - Nlembei THE FLORIDA BAR o Frederick Henry Wilsen, Jr. r,j in ( St,mdinq Bar Number C '�Q Address: (I 1 S Nl C. Oco-, Ft. `14;il, :W'� Phone. -0i Email: vCard: 7 County: C) r ary Circuit: Admitted 10-Year Discipline r4o;" History: Law School: Graduation Year: 1 3 Degree: J w , ;p, 6 !v,r. 1, .ctl Firm. L it jw Page I of 2 Eligible to Practice Law in Florida m - -'A. .. 8 12/201 4 littp://w\v\v. fl o 1 d abai rt al/ftbar/home/atty sea rc h n) 1) ro fi le/! ut/p/a I /j c _ L, DolwE THE FLORIDA BAR / Find A Lawyer / MemberProfile Frederick Henry Wilsen, Jr, Member in Good Standing Eligible to Practice Law in Florida Bar Number: 166130 Address: 1019 Shady Maple Cir Ocoee, FL 34761 -3419 United States Phone: 407 - 298 -1574 Email: fwilsen @gmaii.com County: Orange Circuit: 9 y Admitted: 10/18/1973 10 -Year Discipline History: None Law School: University of Miami School of Law , Graduation Year: 1973 Degree: Doctor of Jurisprudence /luris Doctor Firm: City of Ocoee, FL Hearing Officer '�fc "tr�i;t�r stf f Ir�� I�Ic�rida I;tsr r,irr:�� t');:i Milsen(u gmail.com (40"! 1 2,)N i X7.4 I; ,32• -,r p Objective: Assist in a zavernment or private legal environment as a team player that can work independently to solve problems, take corrective actions and achieve desired outcomes. )insure client satisfaction by responding to assignments in a timely and protessional manner. Accept responsibility to co6rdinate and track conflicts to a favorable resolution /conclusion. I -- \pCI - i :1 ti July 2013 to date: Road Safety Local Hearing O fficer for the City of Ocoee, Florida. Determine validity to uphold red light violations to impose fines and court costs. Completed ATS Training; Jule 30, 2013. 2004 to April 201 I: Full time Senior Attorney, DCI- - Cltiltlrcn's Legal Services. Farllily t_aw advocating for child and family safety in Orange County, Florida. Protecting children that have been abused, neglected or abandoned. 1999 thrn July 2004: Sensor Attorney, Department of Banking and Finance. F,ngaged in the regulation of securities and mortgage brokers in Central Florida. 1994 thru 1999: Sole Practitioner. Orlando, Florida. General practice and representation of real estate brokers and agents. Court Appointed Receiver of Real Estate Brokerage Company. 1974 thru 1904: Progressed in ten years from Attorney to Senior Attorney to Supervising Attorney and far the last 10 years was the chief Manaoing) Attorney for the Division of' Real Estate, Orlando, Florida. Responsible for the statevvidc prosecution Of real estate license law violations with a staff of 17 ini:luding attorneys paralegals, secretaries and complaint analysts. Also, served as the legal advisor for over 40 real estate investigators located in branch offices iltrrru11hout Florida. Reviewed over 2500 investigative reports annually tsar the probable cause docket. f- landled administrative hearings before the DMsion of Administrative Hearings. Prepared and presented cases for final agency° action before the Florida Real Estate Commission and the Florida Appraisal Board. Handled cases under appellate review. Autliar'ed monthly case studies and articles for the Florida Pet' magazine and the FR1 C News oral Report Quarterly. Elected Director and held various offices with the National Association of Real Estate License law Officials. Education 1973 I.D. Universitti ofNfiarrri, School of Law, Florida. 1970 B.A. History, University of Nliami, Florida. 1966 Sttlyl'CStlnt Iii'-h Schaal, New York City- Ncw York. 7/�[K1� ��[N@n{�a��)�K�6�Xh��K����An�and��Appuihoxs��atso|zmm� �� �� Meeting Transcript for FL Road Safety Program - Axsis Hearing Training Basic Meeting Information: Meeting Topic: R Road Safety Program xx,is Hearing Training Host; Amanda xpndhon, Meeting number: 629232 247 Start Time: Tuesday, July 3[\znzsoz:44:o4pxx(GxxT-u:no) End Time: Tuesday, July zo.z0z304:01:0orxx(GxxT'4:ou) rwotinguRu: Attendee List: Amanda Av»e|hons Gregory Moore, iudiU',e,he,' Theresa Jones, Gladys no|a Efrain Suarez, Jennifer Nix, Lindsey Murk, Pedro zav^s, Connie Diaz, Jesse Baker, Orlando Torres, Jazz occau\' Linda Miller, Thomas 4nshno, Madeleine Garza, Cheri Potts, Jim Moyet, rodd Heppner, carleen stvadman, Steve Curran, Corey Ray, Brandee, EN[KcKuZ, Jessie Olson, socidaVxznucz MOHAMMED, Dec Paris, Katherine Ussery, amvmVift Wendy Hensley, kad bn»oe Garrett Ze|Ut Sandy Winkler, Owen xxi|ev Kevin Wagner, Andrea Dobbins, Cindy wcnnv' Ana Maria pnndn Ray oc Jesus Jr. ' Carley Lewis, vinginiv Alvarado, hcdwx|srn. Sonia o Rodriguez and Susan Meier, w,^uy joiner, uvrvb,00d,nbv,x'/cxA GALExmU Agenda: Welcome &mt.vumctin^s xx b*eview & Mock ou^nng�, COMPANY INFORNIATION/SIGNATURE SHI- 41403 FAILURE TO COMPLY WITH THESE RFQ INSTRUCTIONS WILL RESULT IN DISQUALIFICATION OF YOUR QUALIFICATION PACKAGE. PLEASE SIGN BELOW UNI - AND ALL RFQ INSTRUCTIONS ATTESTING THAT YOU HAVE READ AND AND TI IAT YOU UNDERSTAND THATTHE SUCCESSFUJ L RESPONDENT WILL BE REQUIRED TO ENTER INTO A LEGALLY BINDING CONTRACT WITH THE CITY OF OCOEE. FREDERICK H. WILSEN, JR., (321) 332-3192 COMPANY NAME TELEPHONE (INCLU AREA CODE) (407) 298-1574 1, AX (INCLUDI AREA CODE) FWILSEN(iiGMAIL.COM E—MAIL ADDRESS N/A IF REMITT NCE ADDRESS f� DIFFERENT ti R AUTHORIZED SIGNATURE (manuah I:RO%,, pljIZCHASE ORDER ADDRESS, t PLEASE INDICATE BELOW: FREDERICK H. WILSEX.1R. / ATORNFlY 1019 SHADY MAPLE CIRCLE OCOEE, FLORIDA 34761 FEDERAL ID # 090-408516 (Specify)­--- AUTHORIZED SIGNATURE OF FREDERICK Fl. WILSEN, JR. ATTESTING THAT I 1AVE, Rl AND UNDL-`RSTAND ALL AS TO RFQN 1403 I be me this I I — 20 Sworn to and subscribed beioi - -, - 1 dal' of Ht Personally KtiL)wn__ or Produced Identification 9 Public - State of A-1 (Type f f 1) County of JANET VARGAS Notary Public • state ol Florida Sigi attire of Notary I ubI 4 ,. M Comm. Expires Apt 25, 201 , Comrnissiaort 0 FF 012247 'it Printed. typed or stamped 1:111 Commissioned name of Notary Public Published Daily ORANGE County, Florida STATE OF FLORIDA COUNTY OF ORANGE Before the undersigned authority personally appeared Sheri Schmitz / Adeliris DelValle / Brian Hall / Charity Cas / Pam Arnold who on oath says that lie or she is an Advertisin Representative of the ORLANDO SENTINEL_,, a DAILY newspaper published at the ORLANDO SF HNFIL in ORANGE County, Florida; that the attached copy of advertisement, being a Legal Notice in the matter of 11120 - Advertisement for Bid, BID flB14 -02 -R was published in said newspaper in the issues of Aug 31, 2014. Affiant further says that the said ORLANDO SENTINEL is a newspaper published in said ORANGE County, Florida, and that the said newspaper has heretofore been continuously published in said ORANGE County, Florida, each day and has been entered as periodicals matter at the post office in ORANGE County, Florida, in said ORANGE County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he or she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. r � ' Signature of Affiant Sworn to and subscribed before me on this 2 day of September, 2014, by Sheri Schmitz / Adeliris DelValle / Brian Hall / Charity Casas / Pam Arnold who is personally known to me or who has produced identification. Signature of Notary Public DEBORAH M, TONEY NOTARY PUBLIC STATE OF FLORIDA MY COMMISSION # FF 655219 EXPIRES: November 18, 2017 Name of Notary, Typed, Printed, or Stamped INVITATION TO Biri The City of Ocoee, Florida, (the "City ") is soliciting sealed bids for the following proiect: BID tB14 -02 -R Lift Station 1 10 Rehabilitation; and Lift Station 99 Removal (RE -BID). Bids will be received at the office of Joyce Tolbert, CPPB Purchasing Agent, Finance Department /Purchasing, Second Floor, 150 North Lakeshore Drive, Ocoee, Florida 34761 until 2:00 pm, local time, on Seple 30, 2014 (Tuesday). Bids received after that time will not be accepted under any circumstances. Sealed Bids that have been timely received will be publicly opened and read aloud at that time. A non - mandatory Pre -bid Conference is scheduled for 10:00 A.M. September 17, 2014 (Wednesday) in the City commission Chamber, 150 N. Lakeshore Drive, Ocoee, FL 34761. Prospective bidders may secure a eq copy of the documents ruired for submitting a bid through Onvlo/ DemandStar by accessing the City's website at http: / /www.ocoee.org under Finance Department /Purchasing. Partial sets of the documents required for submitting a bid will not be issued. By using Onvio /DemandStar, prospective bidders will be provided with all addendums and changes to the proiect requirements. Membership with Onvia /DemandStar is not required to submit a bid; fees may apply for non- members. Persons other than prospective bidders may Inspect the documents required for submitting a bid of the Ocoee City Hall City Clerk's Office, 150 N. Lakeshore Drive, Ocoee, FL 34761. Persons inspecling the documents at the City Clerk's office that request copies will be required to pay a fee as prescribed by statute. Beth Eil<enberrv, City Clerk, August 31, 2014. OS264,11-19 111318014 2644149