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

-A ( Ed. 04/ 2008), G- 1 18037 -A ( Ed. 04/ 2008), G- 118039 -A09 ( Ed. 06/ 2008), G- 1 18065 -A09 ( Ed. 09/ 2007), G- 145184 -A ( Ed. 06/ 2003), GSL -I 1512 -XX ( Ed. 10/ 2008), GSL - 12439 -XX (Ed. 03/ 2009) 7. VV lO TO CONTACT: To report a claim: CNA Insurance Companies 333 S. Wabash, 39 South Chicago, IL 60685 Att: Regional Director, GSL Lawyers Claims Phone 312- 822 -6466 Fax 866 -419 -6308 www. cna. com /claims 06/ 01/ 20 10 Authorized Representative Date G- 118012 -A ( Ed. 03/ 99) Page 1  LAWYERS PROFESSIONAL LIABILITY POLICY DECLARATIONS ADDENDUM Item I.B. PREDECESSOR FIRM( S): NONE G - 1 18012 -A ( Ed. 03/ 99) Page 2  Th J^ S 1 4 ' IfAi t Continental Casualty Company 333 S. Wabash Ave. Chicago, IL 60604 LAWYERS PROFESSIONAL LIABILITY POLICY ATTORNEY SCHEDULE Policy Number: 425151999 Name of Each Lawyer Named Individual Retroactive Date Hayward Dykes 02/ 27/ 2006 J. Bruce Bowman 03/ 04/ 2003 Lamar Conerly Same as Policy Retroactive /Prior Acts Date Levin Braker 08/ 01 / 2007 ATTYSCH Page] David Brand Pleat* 4477 Legendary Drive Amy A. Perryt ** Suite 202 William J. Ritchie Destin, Florida 32541 Winter E. Spires Tel: 850.650.0599 Fax: 850.650.4402 Ryan O. Garrity PLEAT & PERRY, P.A. www.pleatperry.com ATTORNEYS AT LAW - Andrew A. Wood Elizabeth V. LaFollette, Of Counsels. J. Jerome Miller, Of Counsel Also Admitted In DC & MD Also Admitted In GA Also Admitted In NC tAlso a Cerrified Mediator September 7, 2010 SEALED PROPOSALS CITY OF FORT WALTON BEACH REQUEST FOR PROFESSIONAL LEGAL SERVICES CITY ATTORNEY SERVICES Via Hand Delivery Mayor and City Council Fort Walton Beach City Hall 107 Miracle Strip Parkway SW. Fort Walton Beach, Florida 32548 Re: City of Fort Walton Beach Request for Professional Legal Services Ladies and Gentlemen: Thank you for the honor to respond to the above referenced request for professional legal services for the City of Fort Walton Beach City Attorney. The Firm' s attorneys and staff have the experience, qualifications, personnel, availability and capability to provide and perform all of the professional services necessary to serve the City of Fort Walton Beach in a complete, effective, and timely manner. Pleat & Perry, P. A., established in 1997, is a firm of eight attorneys all meeting Florida Bar license to practice and good standing requirements. J. Jerome Miller has all of the additional Federal Court' s admissions and good standing requirements of the Request for Professional Legal Services. Please see individual resumes for the variety of Court' s admissions for the other members of the Firm proposed to provide services to the City. Proofs of lawyers' professional liability insurance and general liability insurance coverages for the Firm are enclosed. The Request for Professional Legal Services Indemnity and Insurance Requirements are acknowledged and upon selection the Firm is prepared to document compliance as required by the City. The Firm' s website can be found at www.pleatperry.com. City of Midway City Attorney Services Page 2 of 2 City Attorney or General Counsel services to local government clients of the Firm are by providing " outside attorney" contract arrangement.The Firm' s office is located in Destin, Florida, and easily accessible to Fort Walton Beach City Hall and other City facilities within a twenty ( 20) minute drive time. Maximum utilization of City staff offices and meeting rooms for required conferences is contemplated. Deposition, when within the control of the Firm, are contemplated to occur at service providers' locations within the City of Fort' Walton.Beach. It is proposed that services by the Firm will utilize all of the resources of the Firm required of the City. The Firm' s lawyer staff has combined legal practice experience in excess of 130 years, with over 100 of those years being Florida experience. The attorney staff is supported by a substantial and competent staff. It is proposed tl"?t J. Jerome Miller would serve the City as City Attorney, with primary assistance by David B. Pleat, Elizabeth V. LaFollette and Winter E. Spires. J. Jerome Miller, David B. Pleat and Elizabeth V. LaFollette are Martindale Hubbell Directory, peer rated, AV attorneys, the highest rating available for legal proficiency and ethical standards available. The resume of each named attorney is enclosed. Other attorney staff may perform services as well, under the direction of the City Attorney and in the best interest of the City. David B. Pleat and Winter E. Spires are shareholders in the Firm. J. Jerome Miller and Elizabeth V. LaFollette are Of Counsel to the Firm. Jerry Miller' s practice is substantially dedicated to municipal practice with 35 years experience in all facets of municipal law in representation of six ( 6) Florida municipalities as City Attorney, including fifteen ( 15) years for Fort Walton Beach, twenty -two (22) years for Destin and eight ( 8) years for Crestview. Jerry Miller has specific subject matter experience in Florida' s Sunshine Law and Public Records Law; Florida State and Federal Procurement and Contract Law, knowledge and experience with the community development and community redevelopment agencies; has knowledge and experience in the areas of general litigation, administrative hearings, and appeals; has ability to provide legal opinions and advise to the City Council, City Manager, Department Heads; and has ability to provide other municipal legal matters, services including utility franchising and public finance bonds and loans as local counsel. These long standing engagements evidence specifically the 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. Other members of the firm with comparable abilities and skills provide increased level skills in comprehensive planning, land use, employment law and litigation services. Jerry Miller' s experience has included services to three Cities with Redevelopment Agencies, Fort Walton Beach, Destin and Crestview, with that of Destin and Crestview being established while serving as that City' s City Attorney. Especially noteworthy litigation experience involves successful defenses preserving the City Charter of the City of Destin from dissolution, and preserving the funding mechanism of the City of Fort Walton Beach Redevelopment Agency. The latter continued the viability of the City' s Community Redevelopment Agency. For Fort Walton Beach and Destin, comprehensive plan adoption was accomplished while serving as City Attorney, with extensive amendment processes accomplished for all three Cities while serving as City Attorney. Compliant Land Development Codes were likewise adopted and substantially amended during service as City Attorney.  City of Midway City Attorney Services Page 3 of 3 David Pleat' s practice is substantially dedicated to civil trial practice, including tort claims from both claimant and defense perspectives, and real estate, including comprehensive planning and land use matters, with extensive federal and state court litigation experience. Liz LaFollette' s practice is substantially dedicated to employment law and related federal and state issues ( ADA, civil rights, etc.), from the employer perspective, with extensive federal and state court litigation experience. Winter Spires' practice is substantially dedicated to civil and criminal trial practice, with extensive state court litigation experience. The Request for Professional Legal Services, Minimum Qualifications and Professional Scope of Services sections has been reviewed, is understood and is acknowledged as typical municipal attorney services. Historically, the practice of firm attorneys has used the phrases, " all necessary and proper local government legal services" and " municipal legal services relating to the City' s legislative, administrative, quasi- judicial, and litigation requirements." The Firm acknowledges and understands that the engagement requires providing all the legal services requirements of the City. The Firm is qualified, capable and prepared to provide those services, or where more appropriate in the best interest of the City, recommend additional special counsel. The Firm has the capacity and experience additionally to serve as local counsel for public finance bonds and loans. Regarding scheduling conflict commitment for the primary or back up counsel, from time to time they City of Destin Local Planning Agency meets on the first Thursday evening of each month. By report the Fort Walton Beach Municipal Planning Board is scheduled monthly on that night. The Firm' s staffing is competent and available to provide attendance to either or any other meeting conflicts that should occur from time to time. The City of Destin, Calendar of Events, Monthly Evening Meetings schedule is enclosed herewith. The Firm' s municipal Client' s share the expense annually for one attorney attending the Florida Municipal Attorney' s Conference and Florida Bar Local Government Section Annual seminar (now accomplished without attendance by Compact Disc). Counsel has no continuing Clients the representation of which pose a known conflict of interest with that of the City of Fort