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

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 Page 9 of 10 RFQ —City Attorney 19  performance of this Contract 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 of Text Page 10 of 10 RFQ —City Attorney 20  CITY OF FORT WALTON BEACH, FLORIDA MEMORANDUM Office of the City Manager DATE: August 12, 2010 TO: Honorable Mayor and Council Members FROM: Robert T. Mearns, City Mana / SUBJECT: City Attorney Replacement 1. Background 1. 1 Section 53 of the City Charter mandates that the City Council appoint the City Attorney. 1. 2 The City Attorney has submitted her resignation effective September 30, 2010. 1. 2 The City Council must appoint a replacement City 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 8th, 3. 3 Applications will be accepted until September 2010. 14th 3. 3. 1 City Council will set a Special Meeting on September at 5pm, to review and select the three they wish to interview. 14th 3. 3. 2 At the Special Meeting on September Council will set the date for a Special Meeting for interviews and City Attorney selection. Staff 1St recommends September 2 at 5 PM for interviews and selection.  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.  CITY OF FORT WALTON BEACH REQUEST FOR REQUEST FOR QUALIFICATIONS 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 rmearns(a)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 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