RFP 21-02 Forms and ExhibitsRFP 21-02
City of Atlantic Bcach
Code Enforcement Special Magistrate
CITY OF ATLANTIC BEACH
Request for Proposals
Special Magistrate Services
RFP #21-02
DOCUMENT REQUIREMENTS CHECKLIST
ALL REQUIRED DOCUMENTS, AS LISTED BELOW, MUST BE INCLUDED WITHIN YOUR
PROPOSAL PACKAGE. ONE (I) ORIGINAL AND SIX (6) COPIES, PLUS AN ELECTRONIC
FILE (CD OR FLASH DRIVE) WITH ALL REQUIRED DOCUMENTS SHOULD BE SENT TO
THE CITY AND SHOULD BE IN THE SAME ORDER AS LISTED BELOW.
Proposals, and ALL required documents, submitted as complete packages (one original and six copies
plus one digital copy) to include the following under Tab 5, Required forms:
Signed copy of the Document Requirements Checklist
Signature Sheet acknowledging addendums
E -Verify Statement
Drug Free Workplace, if appropriate
Public Entity Crimes Statement
Non -Collusion Affidavit
Completed Form W-9 Request for Taxpayer Identification Number and Certification (form may
be obtained from the IRS website httbs://www.irs.gbv/bub/irs-bdf/fw9.Pdf
New Vendor Information Form
Proposer Acknowledgements and Agreements
Conflict of Interest Statement
Disputes Disclosure Form
Public Records Form
The above requirements have been noted and are understood by bidder. I understand that failure to
submit an item listed above may result in rejection of this bid.
SIGNATURE: PRINT:
COMPANY: ADDRESS:
PHONE: FAX:
EMAIL: DATE:
01098179-1
RFP 21-02
City of Atlantic Bcach
Code Enforcement Special Magistrate
Special Magistrate Services
RFP #21-02
SIGNATURE SHEET
Proposer:
Firm:
Address:
Telephone Number:
ADDENDUM ACKNOWLEDGEMENT
The proposer shall acknowledge obtaining all addenda issued to this formal solicitation from the
City's web site by completing the blocks below. Failure to acknowledge all addenda may be
cause for rejection of the bid response.
Addendum No. Date Issued:
Addendum No. Date Issued:
Addendum No. Date Issued:
Addendum No. Date Issued:
AUTHORIZED SIGNATURE:
TITLE:
[Print/type name as signed above):
DATE:
01098179-1
RFP 21-02
City of Atlantic Bcach
Code Enforcement Special Magistrate
E -VERIFY STATEMENT
Bid/Proposal Number:
Project Description:
COMPANY/FIRM/CONTRACTOR acknowledges and agrees to the following:
The awarded COMPANY/FIRM/CONTRACTOR shall utilize the U.S. Department of
Homeland Security's E -Verify system, in accordance with the ten -ns governing use of the
system, to confirm the employment eligibility of:
1. All persons employed by the SPECIAL MAGISTRATE/FIRM during the term of the
Contract to perfonii employment duties within Florida; and
2. All persons assigned by the SPECIAL MAGISTRATE/FIRM to perform work pursuant to
the contract with the Department.
Company/Firm:
Authorized Signature:
Title:
Date:
01098179-1
RFP 21-02
City of Atlantic Bcach
Code Enforcement Special Magistrate
DRUG-FREE WORKPLACE CERTIFICATION
Section 287.087, Florida Statues, effective January 1, 1991, specifies that preference must be given to
vendors submitting a certification with their bid/proposal certifying they have a drug-free workplace. This
requirement effects all public entities of the State and is as follows:
IDENTICAL TIE BIDS - Preference shall be given to business with drug-free workplace programs.
Whenever two or more bids which are equal with respect to price, quality and service are received by the
State or by any political subdivision for the procurement of commodities or contractual services, a bid
received from a business that certifies that it has implemented a drug-free workplace program. In order to
have a drug-free workplace program, a business shall:
1) Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing,
possession, or use of a controlled substance is prohibited in the workplace and specifying the actions
that will be taken against employees for violations of such prohibition.
2) Inform employees about the dangers of drug abuse in the workplace, the business's policy of
maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee
assistance programs, and the penalties that may be imposed upon employees for drug abuse
violations.
3) Give each employee engaged in providing the commodities or contractual services that are under bid
a copy of the statement specified in subsection (1).
4) In the statement specified in subsection (1), notify the employees that, as a condition of working on
the commodities or contractual services that are under bid, the employee will abide by the terms of
the statement and will notify the employer of any conviction of, or plea of guilty or nolo contenders
to, any violation of Chapter 893 or of any controlled substance law of the United States or any state,
for a violation occurrence in the workplace no later than five (5) days after such conviction.
5) Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or
rehabilitation program if such is available in the employee's community, by any employee who is so
convicted.
6) Make a good faith effort to continue to maintain a drug-free workplace through implementation of
this section.
AS THE PERSON AUTHORIZED TO SIGN THE STATEMENT, I CERTIFY THAT THIS FIRM
COMPLIES FULLY WITH THE ABOVE REQUIREMENTS.
VENDOR'S SIGNATURE DATE
Bid/RFP Number Bid/RFP Title
01098179-1
RFP 21-02
City nfAtlantic Beach
Code Enforcement Special Magistrate
PUBLIC ENTITY CRIMES
SWORN TO SECTION 287.133(3)(A), FLORIDA
STATUTES, ON PUBLIC ENTITY CRIMES.
THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A
NOTARY PUBLIC OR OTHER OFFICIAL AUTHORIZED TO ADMINISTER OATHS.
1. This sworn staternent is submitted to the City of Atlantic Beach
by
(print individual's name and title)
for
(print name of entity submitting sworn statement)
whose business address is
and (if applicable) its Federal Employer Identification Number (FEIN) is
2. | understand that a "public entity odozu" as defined in Paragraph 287]33(1)(g), Florida Statutes,
means a violation of any state or federal law by a person with respect to and directly related to the
transaction of business with any public entity or with an agency or political subdivision of any other state
or of the United States, including, but not limited to, any bid or contract for goods or services to be
rovided to any public entity or an agency or political subdivision of any other state or of the United
States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material
3. l understand that "convicted" or "conviction" as defined in Paragraph 287.133(1)(h), Florida
Statutes, means a finding of guilt or a conviction ofa public entity crirne, with or without an adjudication
of guilt, in any federal or state trial court of record relating to charges brought by indictment or
information after July 1, 1989, as a result of a jury verdict, nonjury trial, or entry of a plea of guilty or
nolo contendere.
4. I understand that an "affiliate" as defined in Paragraph 287.133(1)(a), Florida Statutes, means:
1. A predecessor or successor ofa person convicted ofa public entity crime; or
2. An entity under the controof any natural person who is active in the managelnent ofthc entity
and who has been convicted of a public entity crime. The term "affihiate" includes those officers,
directors, executives, partners, shareholders, employees, members, and agents who are active in the
interest in another person, or a pooling of equipment or income among persons when not for fair
market value under an ann's length agreement, shall be aprima facie case that one person controls
another person. A person who knowingly enters into a joint venture with a person who has been
convicted of a public entity crime in Florida during the preceding 36 months shall be considered an
5. | understand that a '^oernon" as defined in Paragraph 287.133(1)(c), Florida Statutes, means any
natural person or entity under the laws of any state or of the United States with the legal power
to enter into a binding contract and which bids or applies to bid on contracts for the provision of goods or
services let by a public entity, or which otherwise transacts or applies to transact business with a public
entity. The term "person" includes those officers, directors,exocutivox,partnem,uharcho)dum,e/np|oyeca,
members, and agents who are active in management of an entity.
RFP 21-02
City of Atlantic Beach
Code Enforcement Special Magistrate
6. Based on information and belief, the statement which 1 have marked below is true in relation to the
entity submitting this sworn statement. (indicate which statement applies.)
Neither the entity submitting this sworn statement, nor any of its officers, directors, executives,
partners, shareholders, employees, members, or agents who are active in the management of the entity,
nor any affiliate of the entity has been charged with and convicted of a public entity crime subsequent of
July 1, 1989.
The entity submitting this sworn statement, or one or more of its officers, directors, executives,
partners, shareholders, employees, members, or agents who are active in the management of the entity, or
an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July
1, 1989.
The entity submitting this sworn statement, or one or more of its officers, directors, executives,
partners, shareholders, employees, members, or agents who are active in the management of the entity, or
an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July
1, 1989. However, there has been a subsequent proceeding before a Hearing Officer of the State of
Florida, Division of Administrative Hearings and the Final Order entered by the Hearing Officer
deterrnined that it was not in the public interest to place the entity submitting this sworn statement on the
convicted vendor list. (Attach a copy of the final order)
I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING
OFFICER FOR THE PUBLIC ENTITY IDENTIFIED IN PARAGRAPH 1 (ONE) ABOVE IS
FOR THAT PUBLIC ENTITY ONLY AND, THAT THIS FORM IS VALID THROUGH
DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS FILED. 1 ALSO UNDERSTAND
THAT I AM REQUIRED TO INFORM THE PUBLIC ENTITY PRIOR TO ENTERING INTO A
CONTRACT IN EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN SECTION 287.017,
FLORIDA STATUTES, FOR CATEGORY TWO OF ANY CHANGE IN THE INFORMATION
CONTAINED IN THIS FORM.
(Signature
(Date)
STATE OF
COUNTY OF
PERSONALLY APPEARED BEFORE ME, the undersigned authority,
who, after first being duly sworn by me, affixed
(name of individual signing)
his/her signature in the space provided above on this day of , 2019.
NOTARY PUBLIC
My commission expires:
01098179-1
RFP 21-02
City of Atlantic Bcach
Code Enforcement Special Magistrate
Non -Collusion Affidavit
This sworn statement is submitted with Bid, Proposal or Contract for
This sworn statement is submitted by (entity) whose business
address is and (if applicable) Federal Employer
Identification Number (FEIN) is (If a Sole Proprietor and you have no
FEIN, include the last four (4) digits of your Social Security Number: ).
My name is and my relationship to the entity named above is
1. The above named is fully informed respecting the preparation and contents of the attached
proposal and of all pertinent circumstances respecting such proposal;
2. Such Proposal is genuine and is not a collusive or sham proposal;
3. Neither the said Proposer nor any of its officers, partners, owners, agents, representatives,
employees, or parties in interest, including this affiant, has in any way colluded, connived, or
agreed, directly or indirectly, with any other Bidder, firm or person to submit a collusive or
sham Proposal in connection with such Contract, or has in any manner, directly or indirectly,
sought by agreement or collusion or communication or conference with any other Bidder,
firm, or person to fix the price or prices in the attached proposal or any other Bidder, or to fix
any overhead, profit or cost element of the proposal price or the proposal price of any other
Bidder, or to secure through any collusion, connivance, or unlawful agreement any advantage
against the City of Atlantic Beach, Florida or any person interested in the proposed Contract;
and
4. The price or prices quoted in the attached proposal are fair and proper and are not tainted by
any collusion, conspiracy, connivance, or unlawful agreement on the part of the Bidder or
any of its agents, representatives, owners, employees, or parties in interest, including this
affi ant.
Signature Date
STATE OF FLORIDA
COUNTY OF
PERSONALLY APPEARED BEFORE ME, the undersigned authority, who, after first being
sworn by me, affixed his/her signature at the space provided above on this day of
, 2019, and is personally known to me, or has provided as
identification.
My Commission expires:
Notary Signature
01098179-1
RFP 21-02
City of Atlantic Bcach
Code Enforcement Special Magistrate
CITY OF ATLANTIC BEACH
800 SEMINOLE ROAD ATLANTIC BEACH, FLORIDA 32233-5445
TELEPHONE (904) 247-5880 FAX: (904) 247-5819
WWW.COAB.US
NEW VENDOR INFORMATION REQUEST FORM
Please complete and return with all other bid documents
Vendor Name (as it should appear on Purchase Orders and Check Payments)
Remit to Address
Physical Address (if different from remittance)
Company Phone: Company Fax:
Company Website:
Point of Contact Information:
Name:
Email Address:
Phone:
Fax:
Should Purchase Orders be faxed or emailed? Provide correct information for either choice.
01098179-1
RFP 21-02
City of Atlantic Bcach
Code Enforcement Special Magistrate
PROPOSER ACKNOWLEDGEMENTS AND AGREEMENTS
The undersigned, as an employee or agent of the Proposer, having the authority to sign a binding
agreement on behalf of the corporation, company, or firm presenting this submittal, confiinis
understanding and/or agreement and/or takes exception with any statement in the following
sections of this RFP document.
1. GENERAL TERMS AND CONDITIONS
Understands and agrees to all terms.
2. SCOPE OF SERVICES, MINIMUM REQUIREMENTS AND QUALIFICATIONS
Understands and agrees to all terms.
3. PROPOSAL FORMAT
Understands and agrees to all terms.
Name:
Signature:
Bid/RFP Title:
01098179-1
Title:
Date:
Bid/RFP No.:
RFP 21-02
City of Atlantic Bcach
Code Enforcement Special Magistrate
CONFLICT OF INTEREST STATEMENT
This sworn statement is submitted with Bid, Proposal or Contract for
This sworn statement is submitted by (entity) whose business address is
and (if applicable) Federal Employer Identification
Number (FEIN) is (If a Sole Proprietor and you have no FEIN, include the last
four (4) digits of your Social Security Nutnber: ).
My name is and my relationship to the entity named above is
1. The above named entity is submitting a Bid/Proposal for the City of Atlantic Beach Bid/RFP No.
titled
2. The Affiant has made diligent inquiry and provides the information contained in the Affidavit based
upon his/her own knowledge.
3. The Affiant states that only one submittal for the above proposal is being submitted and that the above
named entity has no financial interest in other entities submitting proposals for the same project.
4. Neither the Affiant nor the above named entity has directly or indirectly entered into any agreement,
participated in any collusion, or otherwise taken any action in restraints of free competitive pricing in
connection with the entity's submittal for the above proposal. This statement restricts the discussion of
pricing data until the completion of negotiations if necessary and execution of the Contract for this
project.
5. Neither the entity not its affiliates, nor anyone associated with them, is presently suspended or
otherwise ineligible from participation in contract letting by any local, State, or Federal Agency.
6. Neither the entity nor its affiliates, nor anyone associated with them have any potential conflict of
interest due to any other clients, contracts, or property interests for this project.
7. I certify that no member of the entity's ownership or management is presently applying for an
employee position or actively seeking an elected position with the City of Atlantic Beach.
8. I certify that no member of the entity's ownership or management, or staff has a vested interest in any
aspect of the City of Atlantic Beach.
9. In the event that a conflict of interest is identified in the provision of services, I, on behalf of the above
named entity, will immediately notify the City of Atlantic Beach.
Signature Date
STATE OF FLORIDA
COUNTY OF
PERSONALLY APPEARED BEFORE ME, the undersigned authority, who, after first being sworn by
me, affixed his/her signature at the space provided above on this day of , 20
and is personally known to me, or has provided as identification.
Notary Signature: My Commission expires:
01098179-1
RFP 21-02
City of Atlantic Bcach
Code Enforcement Special Magistrate
DISPUTES DISCLOSURE FORM
Answer the following questions by placing as "X" after "YES" or "NO". If you answer
"YES", please explain in the space provided, or via attachment.
Has your firm or any of its officers, received a reprimand of any nature or been suspended by the
The Florida Bar or any other regulatory agency or professional association within the last five (5)
years?
YES NO
Has your firm, or any member of your firm, been declared in default, terminated or removed
from a contract or job related to the services your firm provides in the regular course of business
within the last five (5) years?
YES NO
Has your firm had filed against it or filed any request for equitable adjustment, contract claims,
bid protest, or litigation in the past five (5) years that is related to the services your firm provides
in the regular course of business?
YES NO
If yes, state the nature of the request for equitable adjustment, contract claim, litigation, or
protest, and state a brief description of the case, the outcome or status of the suit and the
monetary amounts or extended contract time involved.
I hereby certify that all statements made are true and agree and understand that any misstatement
or misrepresentation or falsification of facts shall be cause for forfeiture of rights for further
consideration of this proposal for the City of Atlantic Beach.
Firm Date
Authorized Signature Printed or Typed Name and Title
Bid/RFP Title Bid/RFP Number
01098179-1
RFP 21-02
City of Atlantic Beach
Code Enforcement Special Magistrate
PUBLIC RECORDS PROVISIONS
FOR ALL CONTRACTS AND AMENDMENTS Effective as of
July 1, 2016 per Chapter 2016-20, Laws of Florida
Section 119.0701. Public Records
(a) IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION
OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY
TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT,
CONTACT DONNA BARTLE, THE CITY CLERK AND THE CUSTODIAN OF
PUBLIC RECORDS AT (904) 247-5809, dbartleqi:coab.us, 800 SEMINOLE
ROAD, ATLANTIC BEACH, FLORIDA 32233.
(b) The contractor shall comply with Chapter 119, Florida Statutes, in regards to public records laws,
specifically to:
1. Keep and maintain public records required by the public agency to perform the service.
2. Upon request from the public agency's custodian of public records, provide the public agency
with a copy of the requested records or allow the records to be inspected or copied within a
reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise
provided by law.
3. Ensure that public records that are exempt or confidential and exempt from public records
disclosure requirements are not disclosed except as authorized by law for the duration of the
contract term and following completion of the contract if the contractor does not transfer the
records to the public agency.
4. Upon completion of the contract, transfer, at no cost, to the public agency all public
records in possession of the contractor or keep and maintain public records required by the
public agency to perform the service. If the contractor transfers all public records to the public
agency upon completion of the contract, the contractor shall destroy any duplicate public
records that are exempt or confidential and exempt for public records disclosure requirements.
If the contractor keeps and maintains public records upon completion of the contract, the
contractor shall meet all applicable requirements for retaining public records. All records
stored electronically must be provided to the public agency, upon request from the public
agency's custodian of public records, in a format that is compatible with the information
technology systems of the public agency.
(c) Failure to provide the public records to the public agency within a reasonable time may subject
the contractor to penalties under s. 1 19.10 and s. 119.0701(4), Florida Statutes.
Public Records Provisions, Page 1
01098179-1
RFP 21-02
City of Atlantic Bcach
Code Enforcement Special Magistrate
PUBLIC RECORDS PROVISIONS
FOR ALL CONTRACTS AND AMENDMENTS Effective as of
July 1, 2016 per Chapter 2016-20, Laws of Florida
This is to confirm that we have been informed of, and will abide by, the Public Records Provisions
regarding s. 119.0701 FS
Signed: Print:
Company: Phone:
Email: Date:
Public Records Provisions, Page 2
01098179-1
RFP 21-02
City of Atlantic Bcach
Code Enforcement Special Magistrate
EXHIBIT A
Separate Document Titled
"RFP 21-02 Exhibit A — Ordinance 5-19-68"
01098179-1
RFP 21-02
City of Atlantic Beach
Code Enforcement Special Magistrate
EXHIBIT B
CONTRACT BETWEEN
THE CITY OF ATLANTIC BEACH
AND
PERTAINING TO
SPECIAL MAGISTRATE SERVICES FOR CODE ENFORCEMENT
RFP NUMBER 21-02
This CONTRACT is made and entered into on the day of , 2021 ("Effective Date"), by
and between the City of Atlantic Beach, a public body politic and municipal corporation organized and existing
under the Laws of Florida whose address is: City of Atlantic Beach, 800 Seminole Road, Atlantic Beach, Florida,
32233 ("CITY"), and , a Florida professional service corporation, FEIN
, whose address is , Florida
("CONTRACTOR"), collectively (the "Parties") who hereby agree as follows:
WITNESSETH
WHEREAS, the City Commission of the City of Atlantic Beach determined there exists the need
for SPECIAL MAGISTRATE SERVICES FOR CODE ENFORCEMENT in the City of Atlantic Beach;
and
WHEREAS, the CONTRACTOR submitted a competitive proposal for SPECIAL
MAGISTRATE SERVICES FOR CODE ENFORCEMENT. as set forth in the attached CONTRACT
Documents; and
WHEREAS, the City Commission of the City of Atlantic Beach selected the CONTRACTOR to
provide SPECIAL MAGISTRATE SERVICES FOR CODE ENFORCEMENT: and
NOW THEREFORE, in consideration of the mutual benefits to the CITY and CONTRACTOR, the
following covenants and contracts are set forth to which the Parties agree as follows:
SECTION 1. SCOPE OF WORK.
The Parties agree the CONTRACTOR will provide Special Magistrate services to the City of Atlantic Beach
pursuant to the RFP 21-02 and Contractor's proposal, and in accordance with the City of Atlantic Beach
Code of Ordinances, Ordinance 5-19-68, and Chapter 162, Florida Statutes. CONTRACTOR agrees that
is to serve as Special Magistrate for Code Enforcement for the CITY and that
during the term of this Contract will not serve as a Special Magistrate for another city
or hold another "office" that would violate the dual office holding prohibition contained in Article 11,
section 5(a) of the Florida Constitution.
SECTION 2. TERM.
The term of this Contract shall become effective on the date of execution and continue for one (1) year. The
term may be extended annually upon resolution of the City Commission, provided each term extension may
not exceed one (1) year. Renewals are subject to the City's availability of funds within a fiscal year.
SECTION 3. STANDARD OF CARE.
a. The CONTRACTOR has represented to the CITY that it possesses a level of knowledge, experience, and
expertise that is commensurate with firms in the areas of practice required for the services to be provided. By
executing this Contract, the CONTRACTOR agrees that the CONTRACTOR will exercise that degree of
care, knowledge, skill and the ability as any other similarly situated contractor possessing the degree of skill,
knowledge, experience, and expertise within the local arca, working on similar activities. The
CONTRACTOR shall perform the services requested in an efficient manner, consistent with the CITY'S
stated Scope of Services and industry standards.
01098179-1
RFP 21-02
City of Atlantic Beach
Code Enforcement Special Magistrate
The CONTRACTOR covenants and agrees that it and its employees, agents, subcontractors, representatives,
volunteers, and the like, shall be bound by the same standards of conduct as stated above.
SECTION 4. COMPENSATION.
a. The amount to be paid under this Contract shall be based on the prices supplied by the CONTRACTOR in the
Proposal submittal. The CONTRACTOR agrees, for the consideration herein, to the following compensation:
b. Compensation for services completed by the CONTRACTOR will be paid in accordance with Florida's
Prompt Payment Act, Section 218.70, et seq., Florida Statutes.
C. Services to be performed in accordance with this Contract are subject to the annual appropriation of funds
by the CITY. In the event sufficient budgeted funds are not available for a new fiscal period, the CITY will notify
the CONTRACTOR of such occurrence and this Contract will terminate on the last day of the current fiscal period
without penalty or expense to the CITY. In its sole discretion, the CITY reserves the right to forgo use of the
CONTRACTOR for any project which may fall within the Scope of Services listed in this Contract. In the event the
CITY is not satisfied with the services provided by the CONTRACTOR, the CITY will hold any amounts due until
such time as the CONTRACTOR has appropriately addressed the problem.
d. The CONTRACTOR shall submit invoices once a month to the City of Atlantic Beach for services
performed, including the expenses or other charges accounted for under this Contract during the month immediately
preceding said invoice. The CONTRACTOR will pay all sales, employment, and other applicable taxes that arise or
may arise from the services performed under this Contract.
SECTION 5. TERMINATION AND FORCE MAJEURE.
a. Termination. The CONTRACTOR shall serve at the pleasure of the City Commission and may be
removed from service at any time with or without cause upon resolution approved by a majority vote of the
City Commission present and voting. Such termination shall be effective upon thirty (30) days' written
notice to Contractor. The CONTRACTOR may terminate this Contract with or without cause upon sixty (60)
days' written notice to the CITY. In the event the Contract is terminated by the CONTRACTOR or is
terminated by the CITY for reasons unrelated to the quality of work provided by the CONTRACTOR, the
CITY shall pay the CONTRACTOR in full for all work actually performed prior to the date of termination.
This payment shall be the sole financial obligation or responsibility of the CITY for compensation under this
Contract in the event of termination. Upon termination of this Contract, however terminated, the
CONTRACTOR shall turn over to the CITY all work product completed, or partially completed, up to the
date of termination. The CITY will have full right to use such work product in any manner, in the sole
discretion of the CITY.
b. Force Majeure. Neither Party to this Contract will be liable for its failure to perform under the Contract
due to any circumstances beyond its reasonable control such as act of God, wars, riots, national emergencies,
sabotage, strikes, labor disputes, accidents, and governmental laws, ordinances, rules, pandemics, or
regulations. The CONTRACTOR or CITY may suspend its performance under this Contract as a result of
Force Majeure without being in default of the Contract, but upon removal of such Force Majeure the
CONTRACTOR or CITY will resume its performance as soon as reasonably possible.
SECTION 6. INSURANCE.
The CONTRACTOR shall maintain such insurance as specified in Exhibit A (Insurance Requirements) to
protect the CITY from any or all claims for property damage, personal injury, and bodily injury including
death, which may arise from operations under this CONTRACT. Certificates of such insurance shall be
provided to the CITY within fifteen (15) days of execution of this Contract and shall also be subject to its
approval for adequacy of protection. The CITY shall be named as an additional insured under all policies,
except CONTRACTOR'S malpractice insurance.
SECTION 7. DOCUMENTS CONSTITUTING ENTIRE CONTRACT.
The following documents are hereby incorporated and made part of this Contract:
1. Request for Proposal Documents for No. RFP -21-02.
2. Proposal submitted by CONTRACTOR on
01098[79-I
, 2021.
RFP 21-02
City of Atlantic Bcach
Code Enforcement Special Magistrate
All exhibits may also be collectively referred to as the "Documents". In the event of any conflict between the
Documents or any ambiguity or missing specifications or instruction, the following priority is established:
A. This Contract and any attachments.
B. Request for Proposal Document, No. RFP -2 I -02.
C. Proposal submitted to the City of Atlantic Beach by CONTRACTOR on , 2021.
SECTION 8. APPLICABLE LAW, VENUE, JURY TRIAL.
The laws of the State of Florida shall govern all aspects of this Contract. In the event it is necessary for either party
to initiate legal action regarding this Contract, venue will lie in Duval County, Florida. The Parties hereby waive
their right to trial by jury in any action, proceeding or claim, arising out of this Contract, which may be brought by
either of the Parties.
SECTION 9. INDEPENDENT CONTRACTOR.
This Contract does not create an employee/employer relationship between the Parties. It is the Parties'
intention that the CONTRACTOR, its employees, subcontractors, representatives, volunteers, and the like,
will be an independent contractor and not an employee of the CITY for all purposes, including, but not
limited to, the application of the following, as amended: the Fair Labor Standards Act minimum wage and
overtime payments, the Federal Insurance Contribution Act, the Social Security Act, the Federal
Unemployment Tax Act, the provisions of the Internal Revenue Code, the State of Florida revenue and
taxation laws, the State of Florida workers' compensation laws, the State of Florida unemployment insurance
laws, and the Florida Retirement System benefits. The CONTRACTOR will retain sole and absolute
discretion in the judgment on the manner and means of carrying out the CONTRACTOR'S activities and
responsibilities under this Contract.
SECTION 10. APPLICABLE LICENSING.
The CONTRACTOR, at its sole expense, shall obtain all required federal, state, and local licenses,
occupational and otherwise, required to successfully provide the services set forth herein.
SECTION 11. COMPLIANCE WITH ALL LAWS.
The CONTRACTOR, at its sole expense, shall comply with all laws, ordinances, judicial decisions, orders, and
regulations of federal, state, county, and CITY, as well as their respective departments, commissions, boards, and
officers, which are in effect at the time of execution of this Contract or are adopted at any time following the
execution of this Contract.
SECTION 12. INDEMNIFICATION.
The CONTRACTOR agrees to be liable for any and all damages, losses, and expenses incurred, by the CITY,
caused by the acts and/or omissions of the CONTRACTOR, or any of its employees, agents, subcontractors,
representatives, volunteers, or the like. The CONTRACTOR agrees to indemnify, defend and hold the CITY
harmless for any and all claims, suits, judgments, or damages, losses and expenses, including but not limited to,
court costs, expert witnesses, consultation services and attorney's fees, arising from any and all acts and/or
omissions of the CONTRACTOR, or any of its employees, agents, subcontractors, representatives, volunteers, or the
like. Indemnification, defense, and hold harmless actions shall not be limited by any insurance amounts required in
this Contract. This provision shall survive termination of this Contract.
SECTION 13. SOVEREIGN IMMUNITY.
The CITY expressly retains all rights, benefits and immunities of sovereign immunity in accordance with Section
768.28, Florida Statutes. Notwithstanding anything set forth in any section, article or paragraph of this Contract to
the contrary, which may have been adopted by the Florida Legislature or may be adopted by the Florida Legislature,
the cap on the amount and liability of the CITY for damages, attorney's fees and costs, regardless of the number or
nature of claims in tort, equity or contract, must not exceed the dollar amount set by the Florida Legislature for tort.
Nothing in this Contract shall inure to the benefit of any third party for the purpose of allowing any claim against the
CITY which would otherwise be barred under the doctrine of sovereign immunity or operation of law.
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SECTION 14. BANKRUPTCY OR INSOLVENCY.
If the CONTRACTOR shall file a petition in bankruptcy, or if the same shall be adjudged bankrupt or
insolvent by any court, or if a receiver of the property of the CONTRACTOR shall be appointed in any
proceeding brought by or against the CONTRACTOR, or if the CONTRACTOR shall make an assignment
for the benefit of creditors, or proceedings shall be commenced on or against the CONTRACTOR'S
operations, the CITY may terminate this Contract immediately notwithstanding the notice requirements of
Section 5.
SECTION 15. BINDING EFFECT,
This Contract shall be binding upon and inure to the benefit of the Parties hereto, their heirs, personal
representatives, successors, and/or assigns.
SECTION 16. ASSIGNMENT.
This Contract is only assignable by the CONTRACTOR upon the express written consent of the CITY.
SECTION 17. SEVERABILITY.
All clauses found herein shall act independently of each other. If a clause is found to be illegal or
unenforceable, it will have no effect on any other provision of this Contract. It is understood by the Parties
that if any part, term, or provision of this Contract is by the courts held to be illegal or in conflict with any
law of the State of Florida, or the United States, the validity of the remaining portions or provisions will not
be affected, and the rights and obligations of the Parties will be construed and enforced as if the Contract
did not contain the particular part, term, or provision held to be invalid.
SECTION 18. WAIVER.
Failure of the Parties to insist upon strict performance of any of the covenants, terms, provisions, or
conditions, of this Contract, or to exercise any right or option contained in this Contract will not be construed
as a waiver or a relinquishment for the future of any such covenant, term, provision, condition, or right of
election, which will continue to remain in full force and effect.
SECTION 19. MODIFICATION.
The covenants, terms, and provisions of this Contract may be modified by way of a written instrument,
mutually accepted by the Parties hereto, pursuant to approval by the City Commission. In the event of a
conflict between the covenants, terms, and/or provisions of this Contract and any written amendment(s), the
provisions of the latest executed instrument shall take precedence.
SECTION 20. HEADINGS.
All headings of the sections, exhibits, and attachments contained in this Contract are for the purpose of convenience
only and do not expand, limit or change the provisions contained in such sections, exhibits, and attachments.
SECTION 21. JOINT AUTHORSHIP.
This Contract results from joint negotiation and authorship. No part of this Contract will be construed as the
product of any one of the Parties hereto.
SECTION 22. EQUAL OPPORTUNITY EMPLOYER.
The CONTRACTOR is an Equal Opportunity Employer and will comply with all equal opportunity employment
laws. The CONTRACTOR will further ensure that all subcontractors it utilizes in providing the services required
hereunder will comply with all equal opportunity employment laws.
SECTION 23. PUBLIC RECORDS.
The CONTRACTOR agrees to comply with the Florida Public Records Act, as applicable, including, but not
limited to Section 119.0701 of the Florida Statutes. Documents which are considered public records herein
under Florida law may include, but are not limited to: records related to the entry, management and
implementation of this Contract itself; emails/correspondence between the CITY and the CONTRACTOR
related to this Contract; cmails or correspondence from all other entities related to this Contract (i.e.,
subcontractors, suppliers, vendors, etc,); billing and related documents; plans or other documents that may be
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necessary, reports, etc.; subcontracts; and all vendor invoices. The CONTRACTOR agrees, to the extent required by
law, to:
a. Keep and maintain public records that ordinarily and necessarily would be required by the public agency in
performing the services of the Contract;
b. Provide the public with access to the public records under the same terms and conditions that the CITY
would provide the records and at a cost that does not exceed the cost provided for by law;
C. Ensure that the public records that are exempt or confidential, and exempt from public record disclosure
requirements, are not disclosed, except as authorized by law; and
d. Meet all requirements for public records and transfer, at no cost, to the CITY, all public records in
possession of the CONTRACTOR, upon termination or completion of the Contract and destroy any duplicate public
records that are exempt or confidential, or exempt from public record disclosure requirements.
Furthermore, the CONTRACTOR agrees that all records stored electronically shall be provided to the CITY
in a format that is compatible with the information technology systems of the CITY. The CONTRACTOR
shall promptly provide the CITY with a copy of any request to inspect or copy public records that the
CONTRACTOR receives and a copy of the CONTRACTOR'S response to each request. The CONTRACTOR
understands and agrees that failure to provide access to the public records shall be a material breach of this Contract
and grounds for termination.
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119,
FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT (904) 247-
5809, DBARTLE@COAB.US, AND CITY HALL, 800 SEMINOLE ROAD, ATLANTIC BEACH, FL 32233.
THE CONTRACTOR ACKNOWLEDGES THAT THE CITY OF ATLANTIC BEACH
CANNOT AND WILL NOT PROVIDE LEGAL OR BUSINESS ADVICE TO THE CONTRACTOR WITH
RESPECT TO ITS OBLIGATIONS PURSUANT TO THIS SECTION RELATED TO PUBLIC RECORDS.
THE CONTRACTOR ACKNOWLEDGES THAT IT WILL NOT RELY ON THE CITY OF ATLANTIC
BEACH OR ITS CITY ATTORNEY TO PROVIDE SUCH BUSINESS OR LEGAL ADVICE AND THAT
CONTRACTOR HAS BEEN ADVISED TO SEEK PROFESSIONAL ADVICE WITH REGARD TO
PUBLIC RECORDS MATTERS ADDRESSED BY THIS CONTRACT.
SECTION 24. NOTICE.
All notices required to be given to the CITY or CONTRACTOR will be sent by (a) registered or certified
mail, and notice is deemed to have been given on the date of acceptance: or (b) delivery (i.e., courier or
other hand delivery), overnight delivery, email or facsimile transmission, and notice is deemed to have been
given on the day of delivery or transmission. If the day of notice is a Saturday, Sunday, or legal holiday,
notice is deemed to have been given on the first calendar day thereafter which is not a Saturday, Sunday, or
legal holiday. All notices required to be given to the CITY shall be made to the CITY at:
City of Atlantic Beach
Attention:
800 Seminole Road
Atlantic Beach, Florida 32233
Phone: (904) 247 -
Fax: (904)
[email address]
Or to such other address or facsimile number as the CITY rnay direct from time to time by written notice forwarded
to the CONTRACTOR as provided above.
All notices required to be given to CONTRACTOR hereunder shall be sent to CONTRACTOR at:
Company:
Attention:
Address:
Phone: Email:
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or to such address as the CONTRACTOR may direct from time to time by written notice forwarded to the
CITY as provided above. E-mail transmittal of notices are considered delivered as of the date of electronic
transmission. Both Parties will supplement emailed notices with a formal version of the notice as outlined
above.
SECTION 25. MISCELLANEOUS.
1. CONTRACTOR has been made aware of the Florida Public Entity Crimes Act, § 287.133, Florida
Statutes, and the CITY'S requirement that the CONTRACTOR has complied with it in all respects prior to and will
comply with it in all respects during the term of this Contract.
2. CONTRACTOR and any Subcontractors understand and will comply with Section 20.055(5) of the
Florida Statutes and thereby agree to cooperate with the inspector general in any investigation, audit, inspection,
review, or hearing pursuant to said Section.
3. The Parties represent and warrant that they have entered into this Contract relying wholly upon their
own judgment, belief and knowledge of the nature, extent, effect and duration of any actions, damages and
liability therefore. The Parties represent that they enter into this Contract without relying upon any statement or
representation of the adverse parties other than what has been set forth in writing in this Contract. The Parties
represent that they have had the opportunity to discuss this matter with counsel of their choosing and are
satisfied with its counsel and the advice received. The Parties understand this Contract's contents and agree that
this Contract will not be construed more strongly against any party hereto, regardless of who is responsible for
its preparation or drafting. The Parties further declare and represent that no promise, inducement, agreement or
understanding not expressed in this Contract has been made to an adverse party and that the terms of this
Contract are contractual and not a mere recital.
4. All words used herein in the singular shall extend to and include the plural, and the use of any gender shall
extend to and include all genders. The term "including" is not limiting.
5. This Contract shall be executed by the respective duly authorized officials, and shall take effect as of the
day and year first above written.
IN WITNESS WHEREOF, the City and Contractor have signed this Contract.
CITY OF ATLANTIC BEACH
Attest: By:
Donna Bartle Shane Corbin
City Clerk City Manager
Approved as to form:
By:
Brenna M. Durden
City Attorney
Witness #1 Signature
Witness #1 Printed
Witness #2 Signature
Witness #2 Printed
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As To Contractor:
By:
Name:
Title: President