Fort Walton Beach Council agenda — 09-14-2010 Special-City Attorney Condidates — reading text

AGENDA CITY OF FORT WALTON BEACH SPECIAL MEETING September 14, 2010 5: 00pm CALL TO ORDER Present: Mayor Mike Anderson ( MA) Seat I Council M ember Mike llollies ( Mill) Seat 2 Council Member joyce gossum ( jg) Seat 3 Council Member Dennis Reeves ( DR) Seat 4 Council Member Mike Minicli (MM) Seat -5 Council Member Bobby Nabors ( BN) Seat 6 Council Member Bull kigdon ( BR) Seat 7 Council Member Dick Rynearson ( DRy) PLEDGE OF ALLEGIANCE 1. APPROVAL OF AGENDA Motion-. Approval as presented Moved by: MM Seconded by: M.H Vote: 7- 0 2. ACTION - DISCUSSION 2. 1 Develop a short list of City Attorney Opening Vacancy candidates. Abdullah, Mildred Anchors, Smith, Grimsley Broad and Cassel Burke Blue Colowich, John Conerly, Bowman & Dykes Dalenberg, David Matthews & Hawkins Pleat & Perry Tingle Law Firm Vorbeck Law Firm Synopsis: Applicants will be interviewed, and a selection made, at the Special Meeting at 5pm on September 21, 2010. ( City Manager) Comments: City Manager: o; DR; . Jerry -., N,,Iiller-,DR; MH Motion: As recommended bv, the (.7itv Manager: IIn L Burke Blue; City Council Special Meeting September 14, 2010 2. Cojierl , lBow an & Dy kes; 3. pleat & Perry; 4. (' olowich; and 5. Anchors, Smith. G inislev N'loved bv: DR Seconded by: BR Vote: 7- 0 lotiotu l -i t Cloak of Silenec, Moved by: BIN Seconded bar: BR Vote: 1k.E' 17RA(. 11 ED PER Al)`` IC' E OF CITY IY " A 7FORNEY 3. ADJOURNMENT at 5: 20pin Any person who decides to appeal any decision made with respect to any matter at this meeting will need a record of the proceedings, and for such purpose may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. ( Chapter 286.0105 F.S.) The City of Fort Walton Beach adheres to the American with Disabilities Act and will make reasonable modifications for access to this meeting upon request. Please call City Clerk Helen Spencer at 850 -833- 9509 to make a request. For Hearing Impaired dial the City Hall TDD # 850- 833 -9925 or 1- 800 -955- 8771 ( TDD) or 1- 800 -955 -8770 ( Voice). Requests must be received at least 48 hours in advance of the meeting in order to allow the City time to provide requested service. City Council Special Meeting September 14, 2010  CITY OF FORT WALTON BEACH, FLORIDA MEMORANDUM Office of the City Manager DATE: September 13, 2010 TO: Honorable Mayor and Council Members FROM: Robert T. Mearns, City Manager SUBJECT: City Attorney Selection Analysis 1. P= ose 1. 1 I have additionally reviewed each firm' s submittal for the position of City Attorney. I have used the criteria set forth in the Request For Legal Services ( RFLS) to analyze the abilities of said firms and make my findings to the City Council. As stated in the Request For Legal Services, the " Proposals for the CITY ATTORNEY — PROFESSIONAL LEGAL SERVICES FOR THE CITY OF FORT WALTON BEACH will be based on considerations as listed below: 1. Knowledge, experience, and abilities in areas outlined in Scope of Professional Services of the proposed primary and backup legal representative for the City. 2. Proximity of local office serving the City of Fort Walton Beach and date office was established. 3. Fee schedule." 2. Eliminated Firms 2. 1 Two submitters did not meet the minimum requirements of the RFLS, Mildred M. Abdullah who only submitted her resume and nothing else required by Section II of the RFLS; and David Dalenberg who is not a current member of the Florida Bar, a requirement of Section III of the RFLS. 3. Knowledge and Municipal Experience 3. 1 In terms of knowledge, experience, and abilities, I looked at the backgrounds of each firm to ascertain the extent that their practice has had at the municipal government level. I found that four of the firms have members that are recognized by the Florida Bar as members of the Local Government Law Section: 3. 1. 1 Burke and Blue —William S. Burke 3. 1. 2 Conerly, Bowman & Dykes - Hayward Dykes 3. 1. 3 Matthews and Hawkins —Mary Kraemer 3. 1. 4 Pleat and Pgrry —Jerry Miller 3. 2 Two other firms have local government experience, one at a municipality and one at the County School Board: 3. 2. 1 John F. Colowich —Former City of Mary Esther City Attorney, three years Page I of 3  3. 2.2 Anchors Smith, Grimsley —Jeff McInnis OCSB Attorney ( Mr. McInnis has a potential conflict of interest as the City and School Board are at odds over the collection of the Storm Water Assessment Fee. That matter is currently under discussion.) 3. 3 The law firm of Broad and Cassal has municipal clients, but none in Northwest Florida and the attorneys referenced in the submittal do not appear to have worked as city attorneys in local government, but rather as representatives or special counsel. 3. 4 Two law firms give no evidence of municipal experience: 3. 4. 1 Tingle Law Firm —Craig Tingle 3. 4.2 Vorbeck Law Firm —Gary Vorbeck 4. Potential Conflicts of Interest 4. 1 Two law firms have a potential conflict of interest as the attorneys referenced in the submittals are City Attorneys for neighboring cities. 4. 1. 1 Connerly, Bowman and Dykes -- City of Mary Esther 4. 1. 2 Pleat and Perry —Jerry Miller 5. Fees 5. 1 In analyzing the fee structure, it must be kept in mind that the city has budgeted 90,000 General Fund and $ 12,000 CRA dollars for the City Attorney position. Hence, it is important to weigh the experience against the cost. The average number of hours currently expended by the City Attorney is about 72 hours per month. Four of the firms are over two hundred dollars an hour which translates at $ 200 per hour into $ 172, 800 per year. Or conversely, at $ 200 per hour the City would realize 450 hours per year or 43 hours a month. Most of the four firms are over the $200 per hour fee. They are: 5. 1. 1 Broad and Cassal - $ 215 - $235/ hour 5. 1. 2 Burke and Blue - $200 - $ 150/ Hour 5. 1. 3 Matthews and Hawkins - $ 300 - $ 250/ hour 5. 1. 4 Vorbeck Law Firm - $250/hour 5. 2 Two firms are at the $ 175/ hour rate: 5. 2. 1 Anchors, Smith and Grimsley 5. 2.2 Pleat and Perry 5. 3 One firm is at $ 160 /hour: 5. 3. 1 Connerly, Bowman and Dykes 5. 4 Two firms are near the same fee: 5. 4. 1 John F. Colowich - $8, 000 per month = $ 96,000 per year 5. 4.2 Tingle Law Firm - $7, 500 per month + $2K Training = $92, 000 per year 6. Proximity of Local Office Serving FWB 6. 1 The law firm currently established in Ft. Walton Beach is: Page 2 of 3  6. 1. 1 Anchors, Smith, Grimsley —Established 1961 6. 2 All other qualified submissions are from Destin or further east. 7. Summation of Submissions 7. 1 It is important to keep several things in mind when considering a City Attorney: experience and cost. In comparing and contrasting each firm' s qualifications it becomes apparent that all firms are not identical and some have more local government experience than others. The City is not a learning institution and I believe it of prime importance that the firm selected must be able to immediately begin the task of deciphering the tasks ahead with expedience and expertise. It appears that six law firms emerge with local government experience: 7. 1. 1 Burke and Blue —William S. Burke 7. 1. 2 Conerly, Bowman & Dykes - Hayward Dykes 7. 1. 3 Matthews and Hawkins —Mary Kraemer 7. 1. 4 Pleat and Perry —Jerry Miller 7. 1. 5 John F. Colowich — John F. Colowich 7. 1. 6 Anchors Smith, Grimsley —Jeffrey McInnis 7.2 Of the six, Burke and Blue, and Matthews and Hawkins have priced themselves far out of the budgeted amount. Of the remaining four, Conerly, Bowman & Dykes and Pleat and Perry, may have future conflicts of interest and are priced above the budgeted amount. The law firm of Anchors Smith, Grimsley has no municipal experience, priced above the budgeted amount, may have a conflict of interest, yet is local and would have local vendor preference. The law firm of John F. Colowich has three years experience and is priced at the budgeted amount. 7. 3 Local vendor preference would be awarded in the event of a tie with another firm. All things must be equal before local vendor preference is applied. 8. Recommendation 8. 1 Based on the analysis, staff recommends the below law firms be considered for short listing: 8. 1. 1 Conerly, Bowman & Dykes - Hayward Dykes 8. 1. 2 Pleat and Perry —Jerry Miller 8. 1. 3 John F. Colowich —John F. Colowich 8. 1. 4 Anchors Smith, Grimsley —Jeffrey McInnis Page 3 of 3  CITY OF FORT WALTON BEACH, FLORIDA MEMORANDUM Office of the City Manager DATE: September 13, 2010 TO: Honorable Mayor and Council Members FROM: Robert T. Mearns, City Manager SUBJECT: City Attorney Selection Analysis I have reviewed each firm' s submittal for the position of City Attorney. I have used the criteria set forth in the Request For Legal Services ( RFLS) to analyze the abilities of said firms and make my findings to the City Council. The analysis will be based on considerations as listed below: 1. Knowledge, experience, and abilities in areas outlined in Scope of Professional Services of the proposed primary and backup legal representative for the City. 2. Proximity of local office serving the City of Fort Walton Beach and date office was established. 3. Fee schedule." Eliminated Firms Two submittees did not meet the minimum requirements of the RFLS, Mildred M. Abdullah who only