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

374-40 -6359 Date: 09/07/2010 Signature: Professional References: Hon. Edward A. Servitto, Macomb County Circuit Judge 40 N. Main St. Mt. Clemens, MI 48043 586) 469 -5150 Hon. Antonio P. Vivianno Macomb County Circuit Judge, Presiding Judge 40 N. Main St. Mt. Clemens, MI 48043 586) 469 -5438 Hon. Deborah A. Servitto Judge, Michigan Court of Appeals Michigan Court of Appeals Cadillac Place 3020 West Grand Boulevard Suite 14 -300 Detroit, MI 48202- 6020 248) 524 -8760  DAVID DALENBERG 4200 Turtle Crossing Niceville, Florida 32578 850) 259 -2254 e -mail: d,idalenberg@cox.net RESUME Attorney offering experience, representing clients in litigation of civil cases involving domestic relations. Goal: To provide legal advice, counsel and other services and to assist in the management of the cases involving child support order establishment, modification and enforcement. To represent the Florida Department of Revenue in its legal affairs and provide legal services for administrative matters and litigation involving the Department. PROFESSIONAL EXPERIENCE: STATE OF FLORIDA, DEPARTMENT OF CHILDREN AND FAMILIES Senior Attorney ( October.2001 -May 2002) Panama City Office Representing State of Florida in litigation involving petitioning for all matters involving the protection of children, including the temporary and permanent removal of children from the care and custody of their parents. Counseling and training of child welfare staff and assistance in preparing for the conduct of cases and preparation of witnesses. CITY OF WARREN, MICHIGAN ( population 140,000 — Home Rule City) Assistant City Attorney ( 1978 -1985) Senior Assistant City Attorney (1985 -2002) Represented the city, its officers and employees in litigation in federal and state courts and the state and federal regulatory commissions and tribunals. Major litigation: Successfully defended constitutional challenges of city ordinances, including challenge of adult business zoning ordinance (to Michigan Supreme Court and U. S. Supreme Court). Other cases include constitutional challenges of ordinances regulating amusement machines, minimum age and height requirements for firefighters, anti- nepotism provisions of charter, hiring, discharge and promotion cases brought under federal and state statutes. Defeated real property tax assessment appeal of General Motors that sought refund of over $40 million.  Primary assignment was as an attorney in the Appellate Division, representing the County in appeals to the Court of Appeals and Supreme Court. Prosecuted cases in District and Circuit Courts as trial attorney. SHERMETA, MORRISSEY AND DALENBERG, P. C. ( Jan- June 1976) Bloomfield Hills, MI General practice firm that primarily represented clients in divorce proceedings, including litigation of contested divorces as well as modification and custody proceedings. Also represented clients in collection cases as firm was a major collection litigation firm. Worked as a trial attorney and as civil advisor and prosecutor for villages of Almont and Dryden, Michigan LAW OFFICES OF DAVID DALENBERG ( May 1974 — December 1975) North Palm Beach, FL General practice with emphasis in domestic relations cases and negligence cases. Also concentrate on litigation of contract, negligence, criminal and probate cases. PARUK AND MILLER ( 1970 -1973) Detroit, MI General practice firm with primary practice in divorce litigation, litigation of insurance cases, with emphasis on representing subrogated claims others. under auto insurance policies for Reserve Insurance Company and negligence and criminal cases. PROFESSIONAL ASSOCIATIONS: STATE BAR OF FLORIDA ( 1974 - present) STATE BAR OF MICHIGAN ( 1970 — present) AMERICAN BAR ASSOCIATION ( 1974 -1975) PALM BEACH COUNTY BAR ASSN ( 1974- 1975) PUBLIC CORPORATION LAW SECTION MICHIGAN( 1978 -2001) MICHIGAN MUNICIPAL LEAGUE ( 1989 -2001) INTERNATIONAL FOUNDATION OF EMP. BENEFIT PLANS NATIONAL CONF. OF PUBLIC EMP. RETIREMENT SYSTEMS MICH ASSN. OF PROSECUTING ATTORNEYS ( 1976 -1979) ADMITTED TO PRACTICE: U. S. SUPREME COURT ( 1980) FLORIDA SUPREME COURT ( 1974)  Other litigation: Defense of claims against city officials, employees and commissions brought under federal and state civil rights statutes. Represented city in claims under its construction contracts and in claims for damages under tort and contractual theories in state and federal courts and tribunals. Negotiated and drafted contracts and grant applications, including cable television franchise agreement, land acquisitions and leases, building construction, professional service contracts, road construction, water and sewer line construction, telephone communication system and intergovernmental agreements. Acted as legal advisor to City Council, the Mayor, and city officials. Legal Advisor and litigator for Stillwell Manor Senior Citizens' Assisted Living Center (1984 -2000) Counsel and litigator of numerous matters for the Human Resources Division in hiring, discipline and discharge of employees as well as rules for hiring and practice. Drafted ordinances, opinions, resolutions and policy statements for city departments and commissions. Drafted re- codification of all city ordinances 1984 -1985. Prosecuted violations of misdemeanors and civil infractions, including trials in the District Court and appeals to Circuit Court. Advised and trained police officers and other law enforcement officers in the appropriate procedures for arrest and preparation of cases for trial. Interpreted criminal ordinances, rules of procedure and state and federal law, which govern police conduct. Advised and litigated on behalf of the following commissions: Planning Commission ( 1978 -1981) Zoning Board of Appeals ( 1980 -2000) General Employees' Retirement System ( 1979 -2000) Police and Fire Retirement Board Police and Fire Civil Service Commission ( 1978 -1980) Economic Development Commission ( 1980 -1984) Housing Commission Senior Living ( 1983 -2000) BOCA Code Committee Community Development Block Grant Committee Supervised and trained police officers, city employees and officials, assistant city attorneys, law clerks and paralegal staff. Advised various city department, commissions and officers in the conduct of their duties and compliance with city charter, ordinances and law. MACOMB COUNTY, MICHIGAN ( population 788, 000) Mt. Clemens, Michigan Assistant Prosecuting Attorney ( 1976 -1978) U. S. SUPREME COURT ( 1980) FLORIDA SUPREME COURT ( 1974) MICHIGAN SUPREME COURT ( 1970) 6T" U. S. COURT OF APPEALS ( CIRCUIT) ( 1984) PROFESSIONAL ACTIVITIES: MICHIGAN BAR —PUBLIC CORPORATION SECTION COUNCIL CHAIRPERSON ( 1989 -1990) VICE -CHAIR ( 1988 -1989) SECITREASURER ( 1987 -1988) ANNUAL SEMINAR CHAIRPERSON ( 1985, 1987, 1989) SPEAKER: 1987 Seminar —Regulating Adult Businesses after Renton PUBLISHED: MICHIGAN MUNICIPAL LAW, 1987 SUPPLEMENT, INST. FOR CONTINUING LEGAL EDUCATION ( 1987), Editor and co- author PUBLIC CORPORATION LAW QUARTERLY, contributor ( 1979- 2001) MARTINDALE- HUBBELL RATING —AV EDUCATION: JURIS DOCTORATE —Wayne State University School of Law - 1970 BACHELOR OF SCIENCE —Michigan State University - 1966 Continuing Legal Education Credits —Florida State Bar and Michigan State Bar PERSONAL DATA: Married - 1978 to Minerva Dalenberg Children —Steven ( 21) and Emily (20)  M A T T H E W S H A W K 1 N S IN SIGMT 1V1 EGN IT INNOVATION RESPONSE OF MATTHEWS & HAWKINS, P.A. CITY OF FORT WALTON BEACH REQUEST FOR CITY ATTORNEY PROFESSIONAL LEGAL SERVICES SUBMITTAL DEADLINE: SEPTEMBER 8, 2010  SECTION I INTRODUCTION A. GENERAL INFORMATION The City Attorney is a Charter Officer and the primary legal advisor to the City Council, various Boards, Agencies, Committees, and City Departments. The City Attorney is appointed by and serves at the pleasure of the City Council. The City Attorney provides legal counsel as further described in Section IV, "Scope of Professional Services ". The City Council is comprised of 7 members and chaired by the Mayor. The City Council appoints the City Manager, City Clerk, as well as the City Attorney. There are currently 297 full -time employees and an annual budget of $35. 7 million. Fort Walton Beach is a full- service City that provides fire and police services, water, sewer, sanitation, and extensive parks and recreation program. The City is part of a dynamic community with an excellent school system, several universities and colleges, and a diversity of industries. B. INFORMATION OR CLARIFICATION For information concerning procedure for responding to this proposal, contact Robert T Mearns, City Manager by telephone at ( 850) 833 -9504 or e-mail at rmeams @fwb.org. Such contact shall be for clarification purposes only. Material changes, if any, to the scope of services or proposal procedures will be transmitted by written addendum. Proposers are advised that contact with any other City official, the Mayor or Council member may subject their proposal to disqualification. C. DEADLINE FOR RECEIPT OF PROPOSALS All proposals to be considered shall be received on or before 5: 00 pm., Wednesday, September 8, 2010. Proposals may be mailed to: City of Fort Walton Beach, City Manager' s Office, 107 Miracle Strip Parkway, Fort Walton Beach, FL 32548. Proposals must be marked " RFQ for City Attorney Services ". D. PROPOSAL FORMS All proposals must be accompanied by the form provided by the City of Fort Walton Beach and must be signed by an authorized representative of the firm placing the proposal. Ten ( 10) complete sets of proposals will be submitted. SECTION II PROPOSAL TERMS AND CONDITIONS The selected firm/ individual( s) must fully comply with the indemnification and insurance requirements listed. A Certificate of Insurance or a binder of coverage must be submitted with this proposal. Page 2 of 10  The Proposer submitting a proposal shall bear all expenses associated with its preparation. The Proposer shall submit with the understanding that no claim for reimbursement shall be made for the expense of preparation and/ or presentation. A. PROPOSAL FORMAT Proposals are to be submitted accompanied by pertinent information relating to the law firm' s experience, qualifications, personnel, availability, and capability to provide and perform all of the professional services necessary in a complete, effective, and timely manner. In addition to the information and documents requested above, each Proposal shall include: 1. Identification of the Principal