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

where appropriate, coverage is to be included for the Federal Employers' Liability Act and any other applicable Federal or State law. The minimum amount of coverage (inclusive of any amount provided by an umbrella or excess policy) shall be: Part One: " Statutory" Part Two: $ 500,000 Each Accident 500,000 Disease —Policy Limit 500,000 Disease —Each Employee 2. General Liability Insurance Such insurance shall be no more restrictive than that provided by the standard Commercial General Liability Form ( ISO Form CG 00 01) without any restrictive endorsements. The CITY shall be included as an " Additional Insured" on a form no more restrictive than Form CG 20 10, Additional Insured — Owners, Lessees, or Contractors ( Form B). The minimum limits ( inclusive of amounts provided by an umbrella or excess policy) shall be: 500,000 General Aggregate 500,000 Products /Completed Operations Aggregate 500,000 Personal and Advertising Injury 500,000 Each Occurrence 3. Automobile Liability Insurance Such insurance shall be no more restrictive than that provided by Section II (Liability Coverage) of the Standard Business Auto Policy ( ISO Form CA 00 01), including coverage for liability contractually assumed, and shall cover all owned, non -owned, and hired autos used in connection with the performance of the work. The minimum limits ( inclusive of any amounts provided by an umbrella or excess policy) shall be: 500,000 Each Occurrence —Bodily Injury and Property Damage Combined. Page 8 of 10 4. Professional Liability Insurance A. Such insurance shall be on a form acceptable to the CITY and shall cover the SUCCESSFUL PROPOSER for those sources of liability arising out of the rendering or failure to render professional services in the performance of the work including any hold harmless and/or indemnification agreement. The SUCCESSFUL PROPOSER shall provide and maintain such professional liability insurance from the inception of services and until completion of all work required under this Contract. Coverage must either be on an occurrence basis; or, if on a claims -made basis, the coverage must respond to all claims reported within 3 -years following the period for which coverage is required and which would have been covered had the coverage been on an occurrence basis. The minimum limits ( inclusive of any amounts provided by an umbrella or excess policy) shall be $ 1, 000,000 Each Occurrence /Annual Aggregate. The maximum per claim deductible applicable on the policy with respect to liability arising out of the rendering or failure to render professional services in the performance of the work for the CITY shall not exceed $ 10,000. If the SUCCESSFUL PROPOSER subcontracts any of the work, then the SUCCESSFUL PROPOSER shall require the Subcontractor to maintain Professional Liability as described in the foregoing paragraphs. B. The insurance provided by the SUCCESSFUL PROPOSER and its Subcontractors shall apply on a primary basis. Any insurance maintained by the CITY shall be in excess of and shall not contribute with the insurance provided by the SUCCESSFUL PROPOSER and its Subcontractors. Except as otherwise specified, no deductible or self-insured retention is permitted. C. Compliance with these insurance requirements shall limit the not liability of the SUCCESSFUL PROPOSER or its Subcontractors. Any remedy provided to the CITY by the insurance provided by the SUCCESSFUL PROPOSER and its Subcontractors shall be in addition to and not in lieu of any other remedy ( including, but not limited to, as an indemnitee of the SUCCESSFUL PROPOSER) available to the CITY under this Contract or otherwise. D. Neither approval nor failure to disapprove insurance furnished by the SUCCESSFUL PROPOSER shall relieve the SUCCESSFUL PROPOSER or its Subcontractors from responsibility to provide insurance as required by this Contract. E. INDEMNIFICATION BY SUCCESSFUL PROPOSER 1. Subject to the maximum amounts of indemnity pursuant to Paragraph 2 for liability caused in whole or in part by an indemnitee, the SUCCESSFUL PROPOSER shall hold harmless, indemnify and defend the CITY and its officers and employees against any claim, action, loss, damage, injury, liability, cost or expense of whatever kind or nature ( including but not by way of limitation, attorney' s fees and court costs) arising out of bodily injury to persons including death, or damage to tangible property ( other than to the work itself), arising out of or incidental to the performance of this Contract Page 9 of 10  or work performed by or on behalf of the SUCCESSFUL PROPOSER or its Subcontractors hereunder, whether or not due to or caused in part by the negligence or other culpability of the CITY or its officers or employees, excluding only the sole negligence or culpability of the CITY or its officers or employees. 2. The obligation of the SUCCESSFUL PROPOSER to hold harmless, indemnify and defend an indemnitee or indemnities pursuant to Paragraph 1 from liability caused in whole or in part by any act, omission or default by an indemnitee or indemnities shall be limited to the greater of $ 500,000 per occurrence or the amount of valid and collectible insurance available to the SUCCESSFUL PROPOSER with respect to the SUCCESSFUL PROPOSER' S indemnity obligation. This monetary limitation shall not apply with respect to the SUCCESSFUL PROPOSER' S obligation to indemnify an indemnitee or indemnities from that portion of liability, which has not been caused in while or in part by any act, omission, or default by an indemnitee or indemnities. End Page 10 of 10  EXHIBIT A TO CITY OF FORT WALTON BEACH REQUEST FOR CITY ATTORNEY PROFESSIONAL LEGAL SERVICES PROPOSAL RESPONSE OF MATTHEWS & HAWKINS, PA. The Request for Legal Services requires the submission of "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." Matthews & Hawkins, P.A. is one of the largest law firms on the Emerald Coast, with ten lawyers who live and work locally, and who have experience in a multitude of areas, as described in the firm brochure that accompanies this submission. The firm lawyers frequently interact to analyze issues and help solve problems, which saves time and money for clients. We believe that a full- service law firm, rather than any single lawyer, would best serve the City's legal services needs. For example, Dana Matthews, Scott Work, and Dawn Norris regularly handle land use matters before local governments, including comprehensive planning, zoning, land development code, quasi-judicial civil proceedings, and code enforcement, and have worked with community development districts. Dana Matthews and Scott Work also have extensive land use litigation experience. Dana Matthews, John Hawkins, Patrick McCarthy, Robert "Trey" Goodwin, Kimberly Cheatham and Sarah Villa represent clients in general litigation, administrative hearings and appeals. In particular, the lawyers proposed as the Principal and Secondary Representatives of the law firm have a depth of experience serving local public entities such as the City. As counsel to the Mid -Bay Bridge Authority since 1986, Mary Kraemer has participated in public meetings, provided legal and procedural advice, and issued legal opinions. She also represented the South Walton Tourist Development Council for 17 years, until the County Attorney assumed that responsibility. The firm has also represented the Destin Fire Control District since 2007, and Ms. Kraemer, as the primary attorney, attends the monthly meetings of that public body as well. As an elected member of the Walton County School Board since 1995, and as counsel to the Walton County Clerk since 2000, Mark Davis has had to comply with, and advise the Clerk about, the Sunshine Law and the Public Records Act. Such experience is invaluable in terms of understanding the realities facing the City Council and its staff. He has also represented the South Walton County Mosquito Control District. As legal representatives to the City, both Mary and Mark will speak plainly and directly, and they have the experience and ability to communicate effectively with City officials, staff, and the public. Page 1  1. Identification of Principal and Secondary Representatives: While Matthews & Hawkins, P.A. proposes that the lawyers in its firm undertake tasks for the City based on the knowledge or experience that is required for the task, the principal lawyers to attend the various meetings listed in the Request for Legal Services are: Mary K. Kraemer, Florida Bar No. 0332518 Mark D. Davis, Florida Bar No. 0764700 In addition to Ms. Kraemer and Mr. Davis, other lawyers in the law firm whose knowledge and experience may be relied upon are: Dana C. Matthews Robert A. Goodwin, III John W. Hawkins Patrick McCarthy Dawn E. Norris Sarah L. Villa Scott M. Work Kimberly J. Cheatham Known schedule conflicts: The following regularly attended meetings of the principal and secondary representatives do not appear to present a conflict with the regularly scheduled meetings of the City: Mary Kraemer—Second Wednesday of each month 5: 30 pm ( Destin Fire Control District) 3rd Thursday mornings ( Mid -Bay Bridge Authority) Mark Davis -First and Third Tuesdays of each month 4 pm (Walton County School Board) 2. Qualifications: Name and statement of qualifications and experience of all attorneys that will provide legal services to the City. Please see the attached resumes of Mary Kraemer and Mark Davis, as well as the brochure about our law firm. 3. Workload: Scheduled commitments that may conflict with the meeting schedules for the City. We are aware of no scheduled commitments that may conflict, other than those disclosed in Paragraph 1