Loading...
RFP 21-02 SpecsCITY OF ATLANTIC BEACH REQUEST FOR PROPOSAL NO. 21-02 CODE ENFORCEMENT SPECIAL MAGISTRATE Date of Issue: January 06, 2021 DUE BY 2:45 PM WEDNESDAY, JANUARY 20, 2021 ATTENTION: PROCUREMENT MANAGER 800 SEMINOLE ROAD, ATLANTIC BEACH, FLORIDA 32233 All information regarding this Request for Proposal is available on the City's web site at www.coab.us/bids 01007500-1 RFP 21-02 City of Atlantic Bcach Code Enforcement Special Magistrate SECTION I General Terms and Conditions Obtain Documents Bidders may obtain the complete specifications and bidding document forms from: Documents are available for download at: httn://www.coab.us/bids OR Patricia Drake, Procurement Manager City Hall 800 Seminole Road, Atlantic Beach, FL 32233 Phone: 904-247-5880 Ddrake(ricoab.us Responses Due Sealed proposals will be received by the Procurement Manager, City Hall, 800 Seminole Road, Atlantic Beach, Florida 32233 until 2:45 p.m. on Wednesday, January 20, 2021. It is the bidder's responsibility to assure that your proposal is delivered at the proper time to the Procurement Manager. Proposals, which for any reason are not so delivered, will not be considered. All proposals received after the date and time specified will not be accepted. At 3:00 p.m. on Wednesday. January 20, 2021 all proposals will be publicly opened and acknowledged in the Commission Chambers, 800 Seminole Road, Atlantic Beach, Florida 32233. Pursuant to Florida Statutes Section 119.071(1)(b)1.a., sealed bids or proposals received by an agency pursuant to invitations to bid or requests for proposals are exempt from s. 119.07(1) and s. 24(a), Art. 1 of the State Constitution until such time as the agency provides notice of a decision or intended decision pursuant to s. 120.57(3)(a) or within 10 days after bid or proposal opening, whichever is earlier. Preparation of Proposals Proposals shall be made according to the template furnished by the City. Submit one (1) original clearly marked on the outside of the envelope - "ORIGINAL" and (4) copies, clearly marked on their envelopes — "COPY". See Proposal Format on Page 10 for additional requirements. Proposals shall be signed in ink with the name of the bidder typed below the signature. Where the bidder is a corporation, limited partnership, limited liability company, or other entity other than an individual, proposals must be signed by an authorized representative of the entity in ink, in longhand (with the typed or printed name of the signer, as signed, below the signature) with the legal name of the entity followed by the name of the entity's state of incorporation or registration and the legal signature of an officer authorized to bind the entity to a contract. A bidder may be requested to present evidence of his, her, or its experience and qualifications and the entity's financial ability to carry out the terms of the contract. Proposal Submittal Proposals shall be submitted directly to the Procurement Manager in City Hall, in an opaque, sealed envelope or box. Identify the package with the following name: PROPOSAL NAME PROPOSAL NUMBER PLACE AND TIME OF PUBLIC OPENING NAME OF COMPANY/INDIVIDUAL SUBMITTING PROPOSAL Submit proposal in accordance with the instructions listed herein regarding time, place and date required. Responses received after the time requirement will NOT be opened and will NOT be considered for award. It is the sole responsibility of the respondent to be sure his/her response is delivered directly to the Procurement Manager by the 01097580-1 2 RFP 21-02 City of Atlantic Beach Code Enforcement Special Magistrate required time and date, and that the response is properly sealed and labeled as required. The City will not be responsible for any proposal delivered incorrectly or to the wrong address or location. Tentative Calendar of Events* 1 RFP Issue Date 2 Responses Due to Procurement Manager 3 Public Opening of Bids — Commission Chambers ***Due to COVID-19, there will be a limited amount of attendees allowed, and will be on a first-come, first -serve basis**** 4 Possible Short Presentations, Evaluation and Ranking 5 Commission Meeting — For Award Recommendation, and possible oral presentation Wednesday, January 06, 2021 Wednesday, January 20, 2021 by 2:45 p.m. Wednesday, January 20, 2021 at 3:00 p.m. Friday, January 22, 2021 Monday, February 08, 2021 at 6:30 p.m. *All times, dates and actions are subject to change. All meetings are publicly posted and open to the public under the Sunshine Law. Basis of Bids/Proposals The words "BID" and "PROPOSAL" shall be interpreted to have the same meaning for purposes of these specifications, terms and conditions. Bidder will include all cost items; failure to comply may be cause for rejection. No segregated bids or proposals, or assignments will be considered. It is the intent of the City to promote competitive bidding. It shall be the responsibility of the bidder to advise the Procurement Manager of any language, requirements, etc. or any combination thereof, which the bidder feels may inadvertently restrict or limit the requirements stated in this Request for Proposal ("RFP") to a single vendor or manufacturer. Such notification must be made in writing no later than 4:00 PM Thursday, January 14, 2021. Bid Prices The proposer warrants by virtue of bidding that the prices, terms and conditions quoted in this bid will be firm for a period of ninety (90) days from the date of the public opening unless otherwise specified by the proposer, and shall not be amended after the date and time of the public opening. Any attempt by a successful proposer to amend said prices except as otherwise provided herein shall constitute a default. Contract Award The City reserves the right to award one (1) contract to the most qualified SPECIAL MAGISTRATE/FIRM, as determined by the Commission. Modifications and Withdrawals Proposals cannot be modified after submitted to the City. Proposers may withdraw proposals at any time before the proposal public opening. HOWEVER, NO PROPOSAL MAY BE WITHDRAWN OR MODIFIED AFTER THE PROPOSAL PUBLIC OPENING. Disqualifications The City of Atlantic Beach reserves the right to disqualify bids/proposals, before or after opening, upon evidence of collusion with intent to defraud or other illegal practice upon the part of the bidder. (See Non -Collusion Affidavit form) Bidder also warrants that no one was paid or promised a fee, commission, gift or any other consideration contingent upon receipt of an award for the services or product(s) and/or supplies specified herein. Drug -Free Workplace The City of Atlantic Beach is a Drug Free Workplace. It is strongly suggested that the attached Drug Free Workplace Fon-n be signed and returned to this office with the proposal if a Drug -Free Workplace program is in place. Public Entity Crimes Statement Pursuant to Subsections 287.133(2) and (3), F.S., "a person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity 01097580-1 3 RFP 21-02 City of Atlantic Beach Code Enforcement Special Magistrate for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perforin work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list." Anti -Collusion Requirement Under no circumstances shall any prospective proposer, or any person or persons acting for or on behalf of any said prospective proposer, seek to influence or gain the support of any member of the City Commission or the City Staff favorable to the interest of any prospective proposer or seek to influence or gain the support of any member of the City Commission or City Staff against the interest of any prospective proposer. Any such activities shall result in the exclusion of the prospective proposer from consideration by the City. Minority and Women Owned Business Enterprise (M/WBE) M/WBEs are encouraged to participate in the proposal process. Regulations Violation of any local, state or federal law in the performance of this Agreement shall constitute a material breach of this Contract. Agreement The resulting AGREEMENT or CONTRACT, which shall include these General and Special Conditions and all Amendments or Addenda issued by the City, contains all the terms and conditions agreed upon by all parties. No other agreements, oral or otherwise, regarding the subject matter of this AGREEMENT/CONTRACT shall be deemed to exist or to bind either party hereto. All proposed changes must be submitted to the City in writing, and approved by the City in writing prior to taking effect. Use of Other Contracts The City of Atlantic Beach reserves the right to utilize other special magistrate providers, if in the best interest of the City. Termination/Cancellation of Contract The City reserves the right to cancel the contract without cause with a minimum thirty (30) days written notice. Upon such termination for convenience, successful bidder shall be entitled to payment, in accordance with the payment provisions, for services rendered up to the termination date and the City shall have no other obligations to successful bidder. Successful bidder shall be obligated to continue performance of contract services, in accordance with this contract, until the termination date and shall have no further obligation to perform services after the termination date. Termination or cancellation of the contract will not relieve the bidder of any obligations or liabilities resulting from any acts committed by the bidder prior to the termination of the contract. Reserved Rights The City reserves the right to accept or reject any/or all submissions, to accept all or any part of the submission, to waive irregularities and technicalities, and to request resubmission, if it is deemed in the best interest of the City. The City, in its sole discretion, may expand the scope of work to include additional requirements. The City reserves the right to investigate, as it deems necessary, to determine the ability of any Proposer to perforin the work or services requested. The Proposer upon request shall provide information the City deems necessary in order to make a determination. Amendment The awarded SPECIAL MAGISTRATE/FIRM understands and agrees the contract constitutes the sole and complete understanding between the parties and supersedes all agreements between them, whether oral or written with respect to the subject matter. No amendment, change, or addendum to the contract is enforceable unless agreed to in writing by both parties and incorporated into this contract. The City Commission may agree to amendments 01097580-1 4 RFP 21-02 City of Atlantic Beach Code Enforcement Special Magistrate that do not increase compensation to awarded Proposer. The City Commission shall approve all increases in compensation under the contract. Assignment The awarded SPECIAL MAGISTRATE/FIRM shall not assign any interest in the contract and shall not transfer any interest in same (whether by assignment or novation) without prior written consent of the City Commission except that claims for the money due or to become due the awarded Proposer from the City under the contract may be assigned to a financial institution or to a trustee in bankruptcy without such approval from the City. Notice of such transfer or assignment due to bankruptcy shall be promptly given to the City. Laws & Regulations The successful bidder at alt times shall be familiar with and observe and comply with all Federal, State, Local, and Municipal laws, codes, ordinances, rules and regulations which in any manner may apply and those which may be enacted later, or bodies or tribunals having jurisdiction or authority over the work and shall indemnify and save harmless the City of Atlantic Beach against any claims or liability arising from, or based on, the violation of any such law, ordinance, rule, code, regulation, order, patent infringements or decrees. In the event any situation is brought to mediation or a court of law, the venue shall be the County of Duval, in the State of Florida, where all laws, regulations, ordinances, codes, and rules shall be used in the adjudication. Communications To ensure fair consideration for all prospective bidders throughout the duration of the formal solicitation process, the City of Atlantic Beach prohibits communication, whether direct or indirect, regarding the subject matter of the bid or the specifications by any means whatsoever (whether oral or written), with any City employee, elected official, selection committee member, or representative of the City of Atlantic Beach, from the issuance of the specifications until the Commission makes the award. Communications initiated by a bidder may be grounds for disqualifying the offending bidder from consideration for award of the bid or any future bid. The sole exception to the foregoing rule is that any questions relative to interpretation of specifications or the RFP process shall be addressed to the Procurement Manager, in writing, via email at odrake0),coab.us. The deadline for all questions will be 4:00 p.m., Thursday, January 14, 2021. Addenda When questions arise that may affect the bid/proposal, the answers will be distributed in the form of an Addendum, which will be posted on the City's web site. It is the sole responsibility of the bidder to check the current solicitations web page at http://www.coab.us/bids for any addenda. The City will post addenda to this web page only, and will not issue written notification. All addenda must be acknowledged on the Signature Sheet to be considered responsive. Failure to acknowledge all addenda may result in the disqualification of the bid response. Proprietary Information In accordance with Chapter 119 of the Florida Statutes (Public Records Law), and except as may be provided by other applicable State or Federal Law, all proposers should be aware that Request for Proposals or Invitation for Bids and the responses thereto are in the public domain. Compliance Venue for any court proceedings arising out of or related to this bid or any resulting contract shall be in a court of competent jurisdiction in Duval County, Florida. Equal Opportunity Employment The contractor agrees that it will not discriminate against any employee or applicant for employment for work under the contract because of race, color, religion, sex, age, disability, national origin, gender identity, sexual orientation or any other non -merit factor and will take steps to ensure that applicants are employed, and employees are treated during employment without regard to such factors. This provision will include, but not be limited to the following: employment; upgrading; demotion or transfer; recruitment advertising; layoff or termination; rates of pay, or other 01097580-1 5 RFP 21-02 City of Atlantic Beach Code Enforcement Special Magistrate forms of compensation; and selection for training, including apprenticeship. Each employee of the contractor shall be a citizen of the United States or an alien who has been lawfully admitted for permanent residence as evidenced by an Alien Registration Receipt Card. The contractor agrees not to employ any person undergoing sentence of imprisonment except as provided by Public Law 89-176, September 10, 1965 (or most recent) (18 USC 4082(c)(2)). Fair Labor Standards Act Contractor is required to pay all employees not less than the Federal minimum wage and to abide by other requirements as established by the Congress of the United States in the Fair Labor Standards Act, as amended from time to time. Unauthorized Aliens The City shall consider the employment by any contractor of unauthorized aliens as a violation of section 274A(e) of the Immigration and Nationalization Act, as amended. Such violation shall be cause for unilateral cancellation of this contract. Disclaimer of Liability The City will not hold harmless or indemnify any respondent for any liability whatsoever. Sovereign Immunity Reserved The City reserves and does not waive any and all defenses provided to it by the laws of the State of Florida or other applicable law, and specifically reserves and does not waive the defense of sovereign immunity. SECTION I1 Scope of Services, Minimum Requirements and Qualifications Introduction The City of Atlantic Beach is a municipality within Duval County Florida, and operates under a Commission - Manager form of government. The legislative branch of the City is a five member elected Commission, including a Mayor who is elected at large. The City provides the following services: police protection, planning, zoning, general and administrative services, culture and recreation, and water, streets and drainage maintenance. The City serves an area of 3.5 square miles, predominantly residential in character. As of September 30, 2019, the City's estimated population was 13,872. The City of Atlantic Beach, Florida, is soliciting proposals from experienced and well-qualified legal firms or individual attorneys to serve as Special Magistrate on behalf of the City of Atlantic Beach, its elected officials, department heads, and employees, to hear and decide cases regarding citations issued for alleged Code violations and the enforcement of the City's Code of Ordinances. The Special Magistrate is appointed by and serves at the pleasure of the City Commission. Code Enforcement cases have been heard by the City's Code Enforcement Board in past years. However, on February 11, 2019, the City Commission voted to transfer this responsibility to a Special Magistrate, pursuant to Ordinance No. 5-19-68, attached hereto as Exhibit A. The firm or attorney selected must be experienced in representing cities, counties, special districts or other local governmental agencies in the State of Florida. The attorney should be familiar with all areas of municipal law. Preference will be given to a firm or individual with code enforcement, quasi-judicial proceedings, administrative law and hearings and special magistrate experience. The firm or attorney's engagement will be at will and may be terminated by the City Commission at the City Commission's discretion. The City will not be liable for any costs incurred by proposers in replying to this Request for Proposal, or if interviewed, presentation costs. To avoid real or perceived conflicts of interest, the firm or attorney selected niay not represent an elected official, employee of the City, or immediate family members, in any matters not related to the bid/proposal. The appointment of this Special Magistrate shall be made for a term of one (1) year, with the City Commission reserving the right to terminate the term prior to its natural end, in writing, with no less than thirty (30) days' notice, 01097580-t 6 RFP 21-02 City of Atlantic Beach Code Enforcement Special Magistrate upon resolution of the City Commission. This term may be extended upon resolution of the City Commission for a term not to exceed one (1) year. No term limits shall be established for any appointed special magistrate. If the Special Magistrate wishes to terminate the term prior to its natural end or declines to renew, the Special Magistrate shall notify the City, in writing, no less than (60) days in advance. Renewals are subject to the City's availability of funds within a fiscal year. Special Magistrate Jurisdiction (a) The Special Magistrate shall have the jurisdiction and authority to hear and decide cases on citations regarding alleged violations of the following: (1) City of Atlantic Beach Code of Ordinances, pursuant to Chapter 162, Florida Statutes and the provisions of the Code of Ordinances, each as may be amended; and (2) State of Florida Building Code, administration section of Chapter 553, Florida Statute, as adopted by the State of Florida and by the City; and (3) International Property Maintenance Code as adopted by the City; and (4) All other local codes and ordinances as allowed by Chapter 162, Part 1., Florida Statutes, Local Government Code Enforcement Boards, as it may be amended from time to time. (b) The jurisdiction of the Special Magistrate shall not be exclusive. Any alleged violation of any of the provisions of subsection (a) may be pursued by appropriate remedy in court at the option of the administrative official whose responsibility it is to enforce that respective code or ordinance. Special Magistrate Powers The Special Magistrate shall have the power to: (1) Adopt rules for the conduct code enforcement hearings; and (2) Subpoena alleged violators and witnesses to code enforcement hearings; and (3) Subpoena evidence; and (4) Take testimony under oath; and (5) Issue orders having the force and effect of law, commanding whatever steps are necessary to bring a violation into compliance; and (6) Levy fines pursuant to subsection 2-150 of the City's Code. The Code A copy of the City of Atlantic Beach's Code of Ordinances can be found online at the City's website; www.coab.us. Under the "Government" page, you will find the City Clerk's page which includes a link to the Municipal Code Corporation of Florida. Scope of Services Services will include the following to the extent approved by the City Commission. The scope of work to be performed by the awarded attorney / firm may consist of, but not be limited to the following: • The special magistrate shall conduct hearings relating to citations issued for violations of the Code of Ordinances, including but not limited to violations of the business tax receipt regulations, fire, building, zoning, sign, dangerous dogs and puppy mills per Chapter 4 of the City's Code, human rights per Chapter 9 of the City's Code and all other City Codes/provisions in force within the City of Atlantic Beach. It is not the function of the special magistrate to initiate enforcement proceedings or to inspect for code violations. • The special magistrate shall sit as an impartial hearing officer to determine, based on evidence presented during the hearing, whether a violation exists. • The special magistrate shall serve at the pleasure of the City Commission, and shall not be deemed a City employee. • The special magistrate will review and understand all relevant codes, ordinances, and Florida Statutes relative to the service provided. • The City shall provide such clerical, administrative personnel and legal services deemed reasonably necessary to support the special magistrate's activities and assist in the proper perfon-nance of duties. The special magistrate shall not be authorized to engage, hire, or use any person, except those provided by the City to assist in the performance of duties. Notwithstanding the foregoing, the special magistrate shall be responsible for preparing all written orders in final form and therefore may use his/her clerical staff for this limited purpose. 0 I 097580- I 7 RFP 21-02 City of Atlantic Beach Code Enforcement Special Magistrate • The special magistrate shall have the jurisdiction and authority to affirm or modify any penalties imposed by the issuance of a civil citation pursuant to the special magistrate's jurisdiction. • The special magistrate has the jurisdiction and authority to determine the amount of reasonable expenses incurred by the City as a result of orders issued pursuant to the authority granted. • The jurisdiction of the special magistrate is not exclusive. An alleged violation of a code provision may be pursued by appropriate remedy in court at the option of the City and nothing shall prevent the City from taking such other lawful action, including but not limited to resorting to equitable action, as is necessary to enforce the provisions of respective City codes or ordinances. • All hearings before the special magistrate shall be conducted so as to ensure fundamental due process. • The special magistrate shall take testimony from any witness having knowledge concerning a hearing on a case. All testimony shall be under oath. The special magistrate shall have the power to administer an oath to any witness. • As soon as practicable after the conclusion of the hearing, the special magistrate shall issue findings of fact based on evidence of record, and conclusions of law, and shall issue a written order affording the proper relief consistent with powers granted within City code and consistent with chapter 162 of the Florida Statutes, but in no case, no later than ten (10) business days after the hearing. • The special magistrate shall be bound by the interpretations and decisions of duly authorized boards of the City concerning the provisions of the codes, ordinances and regulations within their respective jurisdictions. • All other relevant assignments relating to code enforcement special magistrate services, as may be authorized by the contract with the special magistrate. Minimum Qualifications and Specifications • The special magistrate shall be licensed to practice law in the state of Florida for a minimum of 5 years. • The special magistrate shall be a member of the Florida Bar in good standing who possesses an outstanding reputation for civic pride, interest, responsibility, and business or professional ability. • A minimum of five (5) years prior legal experience, preferably with experience in government law, code enforcement, quasi-judicial proceedings and/or administrative law. • The special magistrate must have good writing and presentation skills. • The special magistrate shall be required to maintain records in accordance with local, State, and Federal Public Records Retention Requirements. Location Prohibition The special magistrate selected may not reside in Atlantic Beach and the special magistrate/firm may not maintain an office in Atlantic Beach, Florida. Proposed Compensation Propose a compensation package, inclusive of all service costs (include any travel reimbursement and expenses expected). The City of Atlantic Beach will select a finalist by considering the proposed compensation package as a best and .final offer ; although, it reserves the right to negotiate terms as needed to improve elements of the proposal to best meet the needs of the City, including cost. Additional Information Each proposal shall be considered binding and in effect for a period of 90 calendar days following the proposal due date. Selection Process The City Attorney, Community Development Director and City Manager will perform the evaluation of all bona fide proposals. A short list of finalists and rankings will be determined by City Attorney, Community Development Director and City Manager. Interviews rnay be requested. Short presentations by the top-ranked Proposers at a City Commission meeting may also be requested. The City Commission will determine the top-ranked Proposer for award. The tentative schedule for selection is set forth above in Section I. The selected Attorney/Firm will have, in accordance with the instructions herein or hereinafter provided, submitted a complete and compelling proposal, submitted and signed, where instructed, the required forms, and met the mandatory requirements to the satisfaction of thc City. 01097580-1 8 RFP 21-02 City of Atlantic Beach Code Enforcement Special Magistrate Evaluation Criteria Evaluation Components Component Criteria Attorney/Firm Experience Proposed Compensation MAXIMUM POINTS Decision Weight 1) At least 5 years' experience in the practice of law, specifically 50% local government law, code enforcement, quasi-judicial proceedings and/or administrative law. 1) Hourly rates for all attorneys that will serve as special magistrate and any related paralegal and staff hourly rates, if applicable. Negotiations The City reserves the right to negotiate the fee proposal, terms, and conditions in the resulting contract. 50% 100% Insurance Requirements A. The Special Magistrate/Firm shall procure and maintain, at its sole expense during the life of the engagement, insurance of the types and the minimum amounts stated below. Professional Liability or malpractice or errors & omissions insurance shall be purchased and maintained with a minimum of $1,000,000 per occurrence for this proposal with a $2,000,000 policy term general aggregate. Occurrence Form is required. Any and all deductibles to the above -referenced policies are to be the responsibility of the Special Magistrate/Firm. The Special Magistrate/Firm's insurance is considered primary for any loss, regardless of any insurance maintained by the City. The Special Magistrate/Firm is responsible for all insurance policy premiums, deductibles, SIR (self-insured retentions) or any loss or portion of any loss that is not covered by any available insurance policy. B. Such insurance shall be written by a company or companies licensed to do business in the State of Florida and satisfactory to the City Commission. Prior to commencing any work under the contract, certificates evidencing the maintenance of said insurance shall be furnished to and approved by the City. C. The insurance shall provide that no material alteration or cancellation, including non -renewal, shall be effective until thirty (30) days after receipt of written notice by the City; provided, however, that for the professional liability insurance, in lieu of the foregoing requirement, the City in its sole discretion, may agree to accept notice of such material alteration or cancellation from the Special Magistrate. Liability of Special Magistrate/Firm The Special Magistrate/Firm shall indemnify and hold harmless the City, its Commissioners, officers and employees, from all liabilities, damages, losses and costs (including, but not limited to, reasonable attorneys' fees and court costs, whether such fees and costs arc incurred in negotiations, at the trial level or on appeal, or in the collection of attorneys' fees), to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Special Magistrate/Firm, or Special Magistrate/Firm's officers, employees, agents, and other persons employed or utilized by the Special Magistrate/Firm in the performance of, or the failure to perform, the contract. In the event of a claim, the City shall promptly notify the Special Magistrate/Firm in writing by prepaid certified mail (return receipt requested) or by delivery through any nationally recognized courier service 01097580-1 9 RFP 21-02 City of Atlantic Beach Code Enforcement Special Magistrate (such as Federal Express or UPS), which provides evidence of delivery, at the address provided for receipt of notices in the contract. The City shall provide all available information and assistance that the Special Magistrate/Finn may reasonably require regarding any claim. The contract for indemnification shall survive termination or completion of the contract. Nothing in the Contract shall be deemed to affect the rights, privileges and immunities of the City as set forth in Florida Statute § 768.28. SECTION III Proposal Fonnat Proposers must respond in the format delineated below. All responses, and copies, are to be submitted on 8'/2 x 11 inch paper, bound individually. An electronic file (CD or flash drive) of your proposal is to be included in the proposal marked "original". Such electronic file shall be in Microsoft Word, Excel, Power Point or pdf — the most recent software version. Each directive listed will require an individual index tab in your response package to indicate the information as requested is listed behind its specific tab. Any other information pertinent to the headings as listed herein may be added to the end of each section. However, required information must be listed first in each section. If further materials are necessary to complete your response and are not noted under any of the headings listed below, add a TAB 7 tab to the end of your response with proper index as to the subject matter contained therein. Any Addenda are to be acknowledged on the Signature Sheet. Failure to submit this information will render your proposal non-responsive. Each Section is to be preceded with a Tab delineating the information after the Tab. Tab 1. Tab 2. 01097580-1 Title Page/Cover Letter/Table of Contents Title Page shall show the request for proposal's subject, title and proposal number; the firm's name; the name, address and telephone number of a contact person; and the date of the proposal. The response shall contain a cover letter signed by a person who is authorized to commit the Proposer to perform the work included in the proposal, and should identify all materials and enclosures being forwarded in response to the RFP. The Table of Contents shall provide listing of all major topics, their associated section number, and starting page. This section shall also include: Name of attorney and law firm; date firm established; locations of all offices and dates established. Experience of the attornev/law firm Identify whether attorney is certified in city, county, and local government law, the attorney's professional ratings and/or recognition in the legal community for professional achievement (e.g. Martindale -Hubbell ratings); recognition or extraordinary participation in Florida Bar, Federal Bar, American Bar Association, local bar associations or professional practices committees, or ratings by other nationally recognized systems. Provide detail on the attorney's/law firm's demonstrated experience in local government law, quasi- judicial proceedings, code enforcement and/or administrative law, and the relationship between the attorney and law firm and the identified entity/government agency. List all judgments or lawsuits against each attorney or your law firm in the last five (5) years, including the nature of the lawsuit and the resolution thereof. List all lobbyists employed by your firm and the areas in which they lobby. 10 RFP 21-02 City of Atlantic Bcach Code Enforcement Special Magistrate Provide the name and biographical sketch of the attorney who will serve as Special Magistrate for the City of Atlantic Beach. Tab 3. Fee Proposal The firm or attorney shall submit a proposal for compensation, which should include, but is not limited to, an hourly rate option, a monthly retainer fee option, or a combination of these options. Unless strictly a monthly retainer, the hourly rate option is mandatory. The fee schedule shall include the following information: The hourly rates for the special magistrate and every other attorney, paralegal or staff member (if any) anticipated to provide service to the City, identified by name. The rates for reimbursable and/or out-of-pocket expenses, including, but not limited to, word processing, photocopying, faxing, etc. The proposed rates for all other fee proposals or arrangements outside the standard hourly rates, if proposed by you or your law firm. Propose a provision for rate increases in future years, if applicable. Tab 4. References You may provide references of municipal or similar governmental entities the attorney or firm presently represents or has represented in the past three (3) years. For each reference provide: (i) name of entity; (ii) contact person; (iii) address and telephone number for reference; and (iv) dates of representation. Tab 5. Required Forms Include fully executed Document Requirements Checklist, Signature Sheet, E -Verify Statement, Drug -Free Workplace Certification, Public Entity Crimes Statement, Non -Collusion Affidavit, Completed Form W-9, New Vendor Information Form, Proposer Acknowledgement and Agreements, Conflict of Interest Statement, Disputes Disclosure Form and Public Records Form. In addition, any prospective Special Magistrate and law firm must make an affirmative statement to the effect that, to its knowledge, the appointment as Special Magistrate will not result in a conflict of interest with respect to current or anticipated clients of the law firm. If a conflict is deemed to possibly exist, the prospective Special Magistrate or law firm shall state the nature of such conflict, and a proposal to resolve the same prior to appointment as Special Magistrate. Tab 6. Certificates of Insurance: Professional Liability, General Liability and Workers Compensation Tab 7. Miscellaneous 01097580-1 11