Okaloosa County BOCC — August 24, 2013 — Legal Services — reading text

CURRENT POLICY FOR OBTAINING LEGAL SERVICES “The process for retaining legal services, such as county attorney, bond counsel, conflict counsel and any other attorney, shall be directed by the Board.” Recommended Change “The process for obtaining or retaining legal services through a county attorney as staff shall be as directed by the Board. Outside legal services such as bond counsel, conflict counsel and any other legal services shall be directed by the county administrator. BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: July 2, 2013 TO: Honorable Chairman and Members of the Board FROM: Kay Godwin SUBJECT: Outside Legal Services DEPARTMENT: Human Resources BCC DISTRICT: All STATEMENT OF ISSUE: Adopt process for hiring outside legal services. BACKGROUND: Historically, staff selected and hired attorneys on a case by case basis depending on the merits of the claim. A recent revision to the Purchasing Manual states, “The process for retaining Legal Services, such as county attorney, bond counsel, conflict counsel, and any other attorney, shall be as directed by the Board.” ANALYSIS: The County hires attorneys to defend various types of claims and suits to include but not limited to: workers’ compensation claims, bodily injury claims, property damage claims, general liability claims, EEOC charges, unemployment hearings, labor issues and contractual disputes. RECOMMENDATION: Request the Board authorize the County Administrator to approve selection of outside legal services as needed. Ky Coda Kay-Godwin, Ditector 6/26/2013 RECOMMENDED BY: APPROVED BY: Ernie Padgett, County Administrator L. REQUEST FOR PROPOSALS FOR PROFESSIONA VICES NOTE: Professional services for construction work estimated to cost more than $1,000,000 and professional services for “studies” estimated to cost over $50,000 must be obtained through Request for Qualifications and cannot be tasked to consultant's already under contract. When grant funding is involved, retainer contracts may not be allowed and a project-specific procurement may be required unless authorized in writing by the entity providing the grant. PURPOSE A request for proposal may be used when the County is incapable of specifically defining the scope of work for which the commodities or contractual services are required. DEFINITION The term Professional Service is defined as assistance obtained in support of County operations from an independent contractor including, but not limited to, the following professional fields: 1. Appraisal Services - Real and Personal Property Appraisers. 2. Professional Architecture, Engineering, Landscape Architecture, or Registered Surveying and Mapping Services { .). NOTE: For the Okaloosa County Airports, requirements of 49 CRF P ederal Aviation Administration's Rules and Regulations must be met Audit and Accounting S and Accountants. Consultants - Planning, Mana: “or Scientific Advisors. Financial Services - Rating/U oon & & ting, Financial Advisor, and Investment Services. Construction Managers. °.”* ; 7. Advertising Agencies. on wale ake CuC LENT Aucy The process for retaining Legal Services, such as county attorney, bond counsel, conflict counsel and any other attorney, shall be as directed by the Board. Professional Services obtained by or paid for by the County for the benefit of indigent clients shall be considered grants and not professional services. The Purchasing Director, or designee, may approve less than $25,000.00 and the County Administrator, or designee, in excess of $25,000.00 and equal fo or less than $50,000.00. Any services exceeding $50,000.00 shall require Board approval. Grant requirements (if any) must be reviewed and will override purchasing manual if required. BOARD AUTHORIZATION PROCEDURE STEP 1: The requesting department shall prepare an initial Executive Summary which: A. Explains the requested service, the scope of work and the anticipated length of the contract. Justifies the need for the requested service. Cc. Seeks Board approval to issue "Requests for Proposals" and to establish a selection committee to review the proposals, prioritize the contending firms and negotiate an agreement with the selected firm. At its discretion, the Board may appoint themselves as the selection committee to review the proposals and prioritize the contending firms. 25