Fort Walton Beach Council agenda — 08-16-2010 Special-Resignation and Replace City Attorney — reading text

Attorney. 2. Discussion 2. 1 There are forty -five ( 45) days remaining before the departure of the present City Attorney. 2. 2 Sufficient time remains to advertise in several areas to solicit applicants for the position and conduct interviews. 3. Recommendation 3. 1 Staff recommends that the City Council direct that advertising begin immediately to secure the services of a Florida Bar member or firm to serve as City Attorney through the Request For Qualifications ( RFQ) process. 3. 2 The RFQ will state the duties and responsibilities of the position as well as the contract price for said services, and will be advertised in the following places: 3. 2. 1 City Website 3. 2. 2 Escambia -Santa Rosa County Bar Association 3. 2. 3 Okaloosa- Walton Bar Association 3. 2. 4 Florida League of Cities Datagram 3. 2. 5 Florida Municipal Attorney' s Association 3. 2. 6 Announcement in the Northwest Florida Daily News directing interested proposers to the City' s website 81h, 3. 3 Applications will be accepted until September 2010. 3. 3. 1 City Council will set a Special Meeting on September 14th at 5pm, to review and select the three they wish to interview. 3. 3. 2 At the Special Meeting on September 14th Council will set the date for a Special Meeting for interviews and City Attorney selection. Staff St recommends September 21 at 5 PM for interviews and selection. 9  CITY OF FORT WALTON BEACH REQUEST FOR PROFESSIONAL SERVICES CITY ATTORNEY The City of Fort Walton Beach is currently requesting proposals from qualified individuals /firms to act as the City Attorney and provide legal services to the City of Fort Walton Beach including the Mayor, City Council, City Departments, and all City Agencies, Boards, and Committees. Minimum qualifications include a member of the Florida Bar in good standing; considerable experience in local government representation; experience including but not limited to, land use and zoning, with, ordinance drafting, bonds, regulatory issues, contracts, and litigation. Florida Bar certification in City, County, and Local Government is preferred. For additional information contact Robert T. Mearns, City Manager at ( 850) 833 -9504. Proposals shall be submitted in accordance with the directions /information contained in the RFQ — City Attorney Package identified below. For RFQ information and proposal package, please go to www.fwb.org and click on RFQ City Attorney Package to download document. 10  CITY OF FORT WALTON BEACH REQUEST FOR REQUEST FOR QUALIFICATIONS CITY ATTORNEY PROFESSIONAL LEGAL SERVICES SUBMITTAL DEADLINE: SEPTEMBER 8, 2010 m  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 rmearnsC&, 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 2: 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. 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. Page 2 of 10 RFQ —City Attorney 12  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 and Secondary Representatives: Provide the name( s) with Florida Bar Association ID Number of the persons that will provide the primary professional legal services to the City (as City Attorney) and those that will act in a back -up capacity. Identify any known schedule conflicts in which the back -up attorney will be required to provide regularly scheduled services due to the ongoing unavailability of the primary City Attorney. 2. Qualifications: Identify by name and provide a statement of qualifications and experience of all attorneys that will provide legal services to the City under the proposed contract. 3. Work Load: List any scheduled commitments on the part of the primary or backup designees e. g., meeting requirements of other municipalities or government entities represented by your firm) that may conflict with the meeting schedules for the City. 4. Proximity of local office serving the City of Fort Walton Beach and date office was established. 5. Identify potential conflicts of interest that the firm might incur while rendering services. 6. Fees and Charges: Indicate the hourly rates charged for attorney services and paralegal services if billed separately). Also include proposed billing rates of any ancillary legal services, office expenses, travel and miscellaneous expenses ( i.e., are these expenses included in the hourly rates specified above or are they billed separately ?). Firms are advised, and should take into account in the preparation of their Proposal, that the evaluation of the Proposer' s qualifications shall be as described in the Evaluation Criteria. All Proposals will be screened to ensure that all qualifications and requirements of the RFQ are met. Top qualified firms /individuals will then be invited to formal interviews with the City Council. If selected, a formal contract will be negotiated with the selected firm/ individual /s. In order for a proposal to be evaluated and considered, all requested information must be submitted with the proposal. Incomplete proposals will be subject to disqualification. SECTION III MINIMUM QUALIFICATIONS Graduation from an accredited 4 -year college /university and graduation from an accredited law school. Membership in good standing with the Florida Bar. Considerable experience in the practice of law in Florida and at least 3 -years experience in the practice of municipal law ( i. e., City, County). General requirements include: Knowledge and experience as to a broad range of legal issues pertaining to municipal government law including, but not limited to: Florida' s Sunshine Law and Public Records Law; knowledge land law; and experience with use including comprehensive planning, zoning; knowledge and experience with the community development and community redevelopment agencies; knowledge and experience in the areas of general litigation, Page 3 of 10 RFQ —City Attorney 13  administrative hearings, and appeals; ability to provide legal opinions and advice to the City Council, City Manager, Department Heads; ability to communicate effectively with City officials, staff, and the public; highly developed legal writing skills; and ability to present ideas and programs both orally and in writing. SECTION IV SCOPE OF PROFESSIONAL SERVICES 1. Attendance at all meetings of the City Council, Code Enforcement Board, Municipal Planning Board, Board of Adjustment, and Community Redevelopment Agency and workshops as required. Schedule for City Meetings Type of Meeting Frequency City Council Second and Fourth Tuesday of each month