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

Code Enforcement Board Second Tuesday of each month Municipal Planning Board First Wednesday of each month Board of Adjustment Third Thursday of each month Community Redevelopment..Agency First Thursday of each month Historic Sites /Economic Advisory Group As Needed The City Attorney shall represent the Council and each of the Boards and Agencies, provide appropriate legal advice and /or written opinions, as necessary, and provide parliamentary guidance concerning the conduct of each of the meetings of the Council and Boards. The City Attorney shall attend City Council workshops, City Council meetings and other meetings as directed by the City Council when items under consideration warrant legal input. 2. Draft and /or review ordinances, charter amendments, resolutions, contracts, and correspondence; provide legal consultation on City insurance matters; and provide legal advice or written opinions to City Staff on matters related to their official duties. 3. The City Attorney shall be a lawyer admitted in and having authority to practice in all courts in the State of Florida, as well as United States District Courts, Court of Appeals, and the Supreme Court. 4. As required to do so by the City Council or the City Manager, the City Attorney shall prosecute and defend for and in behalf of the City on all complaints, suits, or controversies in which the City is a party. Specifically, the City Attorney is responsible for prosecuting and defending the City in civil actions when no counsel is provided by liability insurance or when the City' s exposure exceeds its insurance coverage. The City Attorney may also represent an employee or elected official who is individually named in a claim or a result of the execution of official duties with the City when no counsel is provided by liability insurance carrier. When the City' s insurance coverage is activated on a given matter, the City Attorney shall consult and cooperate as necessary with the legal counsel designated by the City' s insurance company. Page 4 of 10 RFQ —City Attorney 14  5. As requested, the City Attorney will provide staff assistance and legal counseling relating to the acquisition or sale of real property in review or preparation of deeds, easements, and title searches. 6. The City Attorney will review as requested by City Staff, Board members, or City Council situations in which said laws or rules can reasonably be construed to impact the City' s interest. 7. The City Attorney is to maintain files and upon request provide the City copies of pertinent pleadings and orders in all litigation the City Attorney is handling. On a quarterly basis, the City Attorney will provide a brief written report on the status of litigation and other legal matters. 8. The City Attorney must possess the ability to maintain satisfactory work relationships with the City Council, City Manager, Department Heads, and the public and keep the City Council and City Staff informed of new laws or judicial opinions that could affect the City in any way. 9. Perform other such professional duties as may be required. SECTION V EVALUATION CRITERIA The following criteria will be used for evaluating Proposals for the CITY ATTORNEY — PROFESSIONAL LEGAL SERVICES FOR THE CITY OF FORT WALTON BEACH and 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. End Of Qualifications Page 5 of 10 RFQ —City Attorney 15  SECTION VI PROPOSAL SIGNATURE Firm/ Individual( s) Address: City: State: Zip: Telephone: Fax: Em.ail: Website: Type of Business ( Corporation, Partnership, Other —Specify): Tax ID Number EIN /S SN): Authorized Signature:_ Date: Use additional Pages as may be required. Page 6 of 10 RFQ —City Attorney 16 Professional References: 2. 3. Page 7 of 10 RFQ —City Attorney 17  SECTION VII INDEMNIFICATION AND INSURANCE REQUIRMENTS The SUCCESSFUL PROPOSER shall, at its own expense, procure and maintain with insurers acceptable to the CITY, the types and amounts of insurance conforming to the minimum requirements set forth herein. The SUCCESSFUL PROPOSER shall not commence work until the required insurance is in force and a Certificate of Insurance ( which verifies inclusion of the CITY as an Additional Insured in the General Liability coverage and includes 30 -days written notice of cancellation to the CITY for all coverage' s) or other evidence of insurance satisfactory to the CITY, has been provided to and approved by the CITY. Until such insurance is no longer required by the Contract, the SUCCESSFUL PROPOSER shall provide the CITY with renewal or replacement evidence of insurance at least 30 -days prior to the expiration or termination of such insurance. 1. Workers' Compensation Insurance Such insurance shall be no more restrictive than that provided by the Standard Workers' Compensation Policy without restrictive endorsements. In addition to coverage for the Florida Workers' Compensation Act, 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: $ 5001000 Each Accident 5005000 Disease —Policy Limit 5005000 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: 5009000 General Aggregate 5005000 Products /Completed Operations Aggregate 5009000 Personal and Advertising Injury 5005000 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 RFQ —City Attorney 18 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 limit the shall 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