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

According to the Schedule of City Meetings set forth in the application packet, the above meetings should not conflict with meetings for the City of Fort Walton Beach. In the event a conflict arises with the primary representative, our firm has three additional attorneys to attend the meetings. Page 13 of 19  PROXIMITY OF OFFICE The office of Conerly, Bowman & Dykes is currently located 4481 Legendary Drive, Suite 200, Destin, Florida. The law firm and its predecessor were established in 1996. Our office is located only thirteen miles from the City of Fort Walton Beach. Page 14 of 19  POTENTIAL CONFLICTS OF INTEREST The attorneys of Conerly, Bowman & Dykes have identified the following potential conflicts of interest which may arise while rendering services: Our office has not identified any conflicts of interest with any of our current caseloads. Page 15 of 19  FEES AND CHARGES The attorneys of Conerly, Bowman & Dykes would charge the following rate for attorney services: PARTNERS Mr. Lamar A. Conerly .. ............................... $ 160. 00. Mr. J. Bruce Bowman .... ............................... $ 160. 00. Mr. Hayward Dykes, Jr ... ............................... $ 160. 00. ASSOCIATES Mr. Levin F. Bracken ... ............................... $ 160. 00. SUPPORT STAFF ........... ............................... $ 50. 00. Time billed shall be in increments of one tenth ( I/ 10) of an hour. Costs and Expenses. Facsimile charges .... ............................... $ 1. 00 /page Photocopier charges .. ............................... $ 0. 25 /page Postage charges ...... ............................... Actual cost Travel Expenses. There would be no travel charges for regularly scheduled meetings. For other special meetings, the attorney would charge at the current mileage rate. Continued Legal Education. The City of Fort Walton Beach will budget an annual fee of $1, 000. 00 which will be used by the attorneys of the firm to pursue continuing legal education credits in the area of municipal law. Page 16 of 19  PROPOSAL SIGNATURE Firm /Individual( s) Conerly, Bowman & Dykes, LLP Address: 4481 Legendary Drive, Suite 200 City: Destin State: Florida Zip: 32541 Telephone: ( 850) 837 -5118 Fax: ( 850) 837 -5187 Email: hd l ces( jdestin- law.com Website: www. cbdlawfirm. com Type of Business ( Corporation, Partnership, Other —Specify): Partnership Tax ID Number EIN /SSN): 26- 1149709 j a Authorized Signature ,` - :- ' Date: f r: Page 17 of 19  PROFESSIONAL REFERENCES 1. Lynne Oler, City of Mary Esther 195 Christobal Road North Mary Esther, Florida 32569 850) 243 -3566 2. John Lulue, Former City Manager of City of Mary Esther 280.5 Hiahwav 98 West Mary Esther, Florida 32569 850) 581 - 0048 3. Doug Wyckoff, Attorne 116 Live Oak Avenue East DeFuniak Sminvs, Florida 32435 850) 217 -8855 Page 18 of 19  CERTIFICATE OF INSURANCE Page 19 of 19  LAWYERS PROFESSIONAL LIABILITY POLICY DECLARATIONS Agency-: Branch: Policx. Number: Insurance is provided by Continental Casualty Company, 700324 912 425151999 333 S. Wabash Ave. Chicago IL 60604 A Stock Insurance Company. IA. NAMED INSURED AND ADDRESS: NOTICE TO POLICYHOLDERS: Conerly, Bowman & Dykes, LLP This is a Claims Made and Reported policy. It applies only to 4481 Legendary Drive, Suite 200 those claims that are both first made against the insured and Destin.. FL 32541 reported in writing to the Company during the policy period. Please review the policy carefully and discuss this coverage with your insurance agent or broker. 113. PREDECESSOR FIRM( S): See Declarations Addendum 2. POLICY PERIOD: Inception: 05/ 28/ 2010 Expiration: 05/ 28/ 2011 at 12: 01 A. M. Standai -d Time at the address shown above 3. LIMITS OF LIABILITY: Each Claim: $ 1, 000, 000 Inclusive of Claims Expenses Aggregate: $ 2, 000. 000 Death or Disability and Non -Practicing Each Claim: $ 1. 000, 000 Extended Reporting Period Limit of Liability: Aggregate: $ 2, 000, 000 4. DEDUCTIBLES: Aggregate: $ 10. 000 Inclusive of Claims Expenses 5. POLICY PREMIUM: Annual Premium: 9, 056. 00 Surcharges /Taxes: Amount: Florida Hurricane Catastrophe fund 90. 56 Total Amount: $ 9, 146. 56 Includes CNA Risk Managemer7t Seminar Credit of $ 0. 00 6. FORMS AND ENDORSEMENTS ATTACHED AT INCEPTION: G - 11801 I - A ( Ed. 0412008), G- 1 18012- A ( Ed. 03/ 1999), G- 1 18016- A ( Ed. 04/ 2008), G- 1 18024- A ( Ed. 04/ 2008), G- I 18029 -A ( Ed. 04/ 2008). G- 118031 - A ( Ed. 04/ 2008), G - I 18037 -A ( Ed. 04/ 2008), G- 118039 -A09 ( Ed. 06/ 2008), G- 118065 -A09 ( Ed. 09/ 2007),( 3- 145184- A ( Ed. 06/ 2003). GSL -1 1512 -XX ( Ed. 10/ 2008). GSL - 12/ 139 -XX ( Ed. 03/ 2009) 7. WHO TO CONTACT: To report a claim: CNA Insurance Companies 333 S. Wabash, 39 South Chicago. IL 60685 Att: Regional Director. GSL Lawyers Claims Phone 312 -822 -6466 Fax 866 -419 -6308 vww. cna. com /claims 06/ 01/ 2010 authorized Representative Date G - 1 18012 -A ( Ed. 03/ 99) Page I  LAWYERS PROh'ESSIONAL LIABILITY POLICY DECLARATIONS ADDENDUM Item I. B. PREDECESSOR FIRM( S): NONE G- 1 18012 -A ( Ed 03/ 99) Page 2  Continental Casualty Company 333 S. Wabash Ave. Chicago, IL 60604 LAWYERS PROFESSIONAL LIABILTI'Y POLICY ATTORNEY SCHEDULE Policy Number: 425151999 Name of Each Lawyer Named Individual Retroactive Date Hayward Dykes 02/ 27/ 2006 J. Bruce Bowman 03/ 04/ 2003 Lamar Conerly Same as Policy Retroactive /Prior Acts Date Levin Braken 08/ 01/ 2007 ATTYSCH Page I RFQ FOR CITY ATTORNEY SERVICES DAVID DALENBERG  Proposal for Position of City Attorney Fort Walton Beach, Florida 1. Principal —David Dalenberg, Esq. Florida Bar ID 172830 ( will transfer to active status) 2. Qualifications —My qualifications for the position include my experience as a full time municipal attorney from 1978 —2002 for a city of 140,000, serving in all capacities as advisor and litigator for the officers, commissions and employees. My experience as an in -house municipal attorney is diverse and comprehensive as I have managed all types of civil and criminal cases on behalf of the city in the state and federal courts, including the U. S. Supreme Court. My work as trial lawyer and appellate lawyer is extensive, as more fully appears in the attached resume. One of the principal tasks during my service with the previous city was to draft comprehensive revisions of the city' s general ordinances, zoning ordinances and the Master Plan. Further, I served as consultant and trainer for our police officers and code enforcement employees and officers in all of the departments of the city. I served as Chairman, officer and speaker for the Public Corporation Law Section of the Michigan State Bar during 1979 -2002, and have published Michigan Municipal Law, Supplement, a comprehensive guide to law practice as a municipal attorney. 3. Work Load: I have no conflicts that would interfere with meeting the requirements of meeting schedules of the city and will serve exclusively for the city as a full time city attorney. 4. Proximity of local office: In the event that I am selected to serve as City Attorney, I will locate an office in the immediate proximity of the City offices, or, if requested, in the City office complex 5. Conflict of Interests: none. 6. Fees and Charges: Annual salary $ 90, 000 for full time exclusive service as City Attorney. No additional expenses for ancillary legal services or office expenses. Any travel expenses or miscellaneous expenses required by the City in performance of my services as City Attorney would be reimbursed at cost.  SECTION VI PROPOSAL SIGNATURE Individual: David Dalenberg, Esq. Address: 4200 Turtle Crossing Niceville, FL 32578 850) 259 -2254 dldalenbera a_cox.net w Type of business: Sole Proprietorship Tax ID No. SSN