Fort Walton Beach Council agenda — 09-21-2010 Special-City Attorney Selection — reading text

when appropriate. Other Practice Areas: Business Law, Real Estate Law, Contracts, Casualty Defense, Commercial Litigation, Condominium Law, Construction Litigation, Premises Liability, Bankruptcy. 3. Work Load: There are no known scheduled commitments that conflict with the meeting schedules for the City. 4. Proximity of Local Office: The office has been in existence since 2004 and is located in Destin, Florida. Travel time to the city' s offices is approximately 20 minutes. 5. Potential Conflicts of Interest: There are no known conflicts of interest. 6. Fees and Charges: Two options are submitted for consideration: A. Flat Fee Proposal: Flat fee proposal of $8, 000.00 per month or $96, 000. 00 per year., This figure is based on a review of the current budget for the city attorney. The proposal does not include direct handling of any litigation, which would be billed at a rate of $175. 00 per hour or bond work. It does include all services of a City Attorney as well as the monitoring of any litigation. B. Hourly Rate Proposal: All matters will be billed at the following rates: 175. 00 per hour for attorney; ii. $ 75. 00 per hour for legal assistants; iii. No fee will be generated by routine consultations with the Mayor, City  Council members, The City Manager, The City Clerk, and Department heads, not exceeding fifteen minutes and unrelated to real estate transactions, litigation and which do not require research or document preparation; iv. Counsel' s general billing policies are as follows: no fee will be charged for travel to and from home or office to City Hall for regularly scheduled meetings; other travel time is billable as incurred; travel expenses will be billed based on the authorized by statute; copy charges are billed at the rate of .25 per page; long distance telephone charges are billed at a flat rate of 3. 00 per call with extended or specially billed calls ( conferences etc.) as incurred; postage charges are billed as incurred; and facsimile transmission and receipt charges are $ 1. 00 per page. Counsel' s time records are kept in quarter -hour increments rounded off to the nearest quarter hour, with the minimum being one -quarter hour. All work assigned to Counsel will be accomplished by attorneys' or legal assistants of Counsel under the direction of Counsel. Florida Bar No.: 0977675 Law Offices of John F. Colowich 225 Main Street, Suite 7C Destin, FL 32541 850) 650 -7545 850) 650 -7590 - facsimile email: jfclaw @embargmail. com  PROPOSAL SIGNATURE Firm/Individual( s) John F. Colowich, ESQ: Address: 225 Main Street Suite 7C City: Destin State Florida Zip: 32541 Telephone:_ ( 850) 650 -7545 Fax: ( 850) 650 -7590 E -mail: ifclaw(a)embargmail. com Website: destinlawoffice.com Type of Business ( Corporation, Partnership, Other Specify: Sole Practitioner Tax Number EIN /SSN): 65- 0487938 Authorized / Signature: Date: l Professional References: 1. John Lulue, Former City Manager City of Mary Esther 2805 W. Hwv. 98, Mary Esther, FL 32569 850) 581 -0048 2. John C. Oler, Council Member City of Mary Esther 195 Christobal Road, Mary Esther FL 32569 850) 855 -5640 3. Ronald Stearns Council Member City of Mary Esther 195 Christobal Road, Mary Esther, FL 32569 850) 244 -5703 i I 1 1 Conerly, Bowman & Dykes, LLP.. Is..,,, RFrf:i VED Request for SEP - 8 no cr AuER City Attorney Professional Legal S ervices City of Fort Walton Beach, Florida. Conerly, Bowman & Dykes, LLP 4481 Legendary Drive, Suite 200 Destin, Florida 850) 837 -5118  i 1 IDENTIFICATION OF THE PRINCIPAL 1 AND SECONDARY REPRESENTATIVES I QUALIFICATIONS CURRICULUM VITAE OF ATTORNEYS 3 WORKLOAD 4 PROXIMITY OF OFFICE S i POTENTIAL CONFLICTS OF INTEREST FEES AND CHARGES I PROPOSAL SIGNATURE S PROFESSIONAL REFERENCES CERTIFICATE OF INSURANCE TO] 0 Copyright  IDENTIFICATION OF THE PRINCIPAL AND SECONDARY REPRESENTATIVES The primary representative to provide professional legal services to the City would be: Hayward Dykes, Jr., Esquire Florida Bar Association ID Number: 0560162 Partner of Conerly, Bowman & Dykes There are no known schedule conflicts that would lead to ongoing unavailability of the primary representative. The secondary representatives to provide professional, legal services to the City would be: J. Bruce Bowman, Esquire Florida Bar Association ID Number: 0781959 Partner of Conerly, Bowman & Dykes Lamar A. Conerly, Jr., Esquire Florida Bar Association ID Number: 0998397 Partner of Conerly, Bowman & Dykes Levin F. Bracken, Esquire Florida Bar Association ID Number: 0039611 Associate of Conerly, Bowman & Dykes Page 1 of 19  QUALIFICATIONS The attorneys of Conerly, Bowman & Dykes have the following qualifications and experience to provide legal services to the City: Hayward Dykes, Jr. —Mr. Dykes has been practicing law in the State of Florida since 20021 with a portion of his practice in the area of municipal law. He has actively worked with the City of Mary Esther as a City attorney for the past four years. In addition to attending City Council meetings, he regularly attends Code Enforcement Meetings. In working with the City of Mary Esther, he has knowledge and experience with land use law, zoning ordinances, Florida' s Sunshine Laws and public records requests. He is also familiar with comprehensive planning, personnel issues and amendments of ordinances. In addition to municipal law, Mr. Dykes is responsible for general litigation, personal injury, real estate, criminal defense, bankruptcy and business files. Mr. Dykes is a good standing member of The Florida Bar, U.S. Middle District of Florida, U.S. Northern District of Florida, and U.S. Bankruptcy Court Northern District of Florida. J. Bruce Bowman — Mr. Bowman been practicing law for over .22 years and has vast experience in many different areas of law. Through the Florida Municipal Insurance Trust, he has represented several local governmental entities including several members of the Fort Walton Beach Police and Fire Departments, Cinco Bayou, City of Valparaiso, Town of Jay and Jackson County. He also held the position of the City Code Enforcement Magistrate for the City of Valparaiso for several years. His effective communications and ability to present ideas in writing and in person have led him to deliver results for his clients. Mr. Bowman is a Board Certified Civil Trial Lawyer, as well as a Certified Civil Mediator and is a good standing member of The Florida Bar, Florida Municipal Attorneys Association, U. S. Court of Appeals, Eleventh Circuit, U.S. Middle District of Florida and U.S. Northern District of Florida. Lamar A. Conerly, Jr. —Mr. Conerly has over 34 years of experience in dealing with governmental entities. Prior to moving to Florida in 1993, Mr. Conerly practiced in the State of Mississippi. During his practice there, he had over twelve years of experience as the City Attorney for Hazlehurst, Mississippi. While employed at the Law Offices of J. Jerome Miller, Mr. Conerly represented the City of Fort Walton Beach at Code Enforcement Meetings and Community Redevelopment Authority meetings, as well as representing the City of Crestview. Since 1995, he has been the city attorney for Mary Esther, Florida. During this time, Mr. Conerly has earned knowledge over a broad stream of legal issues including zoning, planning, community development and community redevelopment. He has been asked to provide legal opinions on a multitude of issues, from municipal to corporate law issues. Mr. Conerly is a good standing member of The Florida, Bar, Florida Municipal Attorneys Association, Mississippi Bar, Fifth Circuit Federal Court, Eleventh Circuit Federal Court and the U.S. Supreme Court. Page 2 of 19  Levin F. Bracken — As an associate of the firm, Mr. Bracken has been licensed to practice law in Florida since 2007. In working with municipal clients, Mr. Bracken has experience working with Florida' s Sunshine Laws, public records laws and attending various council meetings. He has familiarity in drafting ordinances, resolutions, amendments, contracts, and various legal opinions to a variety of clients. Mr. Bracken is also well versed in real estate and business transactions, and general civil litigation. He is a good standing member of The Florida Bar and the Tennessee Bar. For your convenience, a Curriculum Vitae has been attached for each attorney of our firm. Page 3 of 19  HAYWARD DYKES, JR. P. O. Box 6944 4481 Legendary Drive Destin, FL 32550 Office: 850- 837 -5118 hdykes@destin- law.com EXPERIENCE CONERLY, BOWMAN & DYKES, LLP, Destin, FL Partner August 2007 -Present Construction, Personal Injury, Real Estate, Bankruptcy, Business and General civil litigation. Responsible for cases in Federal and State courts throughout Northwest Florida. Attorney for City of Mary Esther and City of Mary Esther Code Enforcement Board. Prepared and argued motion, hearings, and trials in State and Federal Courts. Responsible for development of new clients and building of practice in Northwest Florida. LAW OFFICES OF LAMAR A. CONERLY, P. A., Destin, FL Litigation Associate 2006- August 2007 Construction, personal injury, business, and general civil litigation. Responsible for preparation and review of lease agreements, construction contracts, and property sales. Handled duties as attorney for City of Mary Esther City Council meetings and attorney for City of Mary Esther Code Enforcement Board. Prepared and argued motion, hearings, and trials in County and Circuit Court. RATHEL LAW GROUP, Orlando, FL Senior Attorney, Tampa Office