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

Walton Beach. Regarding fees, the Firm' s proposal is at the hourly rates of $175. 00 for attorney time and $ 75. 00 for legal assistant time, billed in one -tenth hour increments. No retainer is contemplated, as when contracted the City of Fort Wahun Beach will have the Firm' s commitment to availability and responsiveness, without the necessity of a premium payment. No charge is incurred for routine telephone conferences with the Mayor, City Council Members, City Clerk or Department Heads, not exceeding fifteen ( 15) minutes and unrelated to real estate transactions, or litigation and which do not require research or document productions preparation. Public finance issues and loans fees are proposed, as local counsel to the City, contingent on closing, at 0.3% for the first $ 10, 000,000. 00 and  City of Midway City Attorney Services Page 4 of 4 0. 2% for amounts exceeding $ 10,000,000.00. of principal amount. Validation litigation services incident thereto are offered additionally and at the hourly rates described above. There. is no charge for travel to and from home or office to City Hall for required attendance or other services. Expenses would be reimbursed consistent with the City' s policies and the contract terms. The Firm' s typical expenses specifics are described in the proposed agreement enclosed herewith. The Firm presently represents two public entities: The City of Destin, Florida, J. Jerome Miller, City Attorney; and Workforce Development Board of Okaloosa and Walton Counties, Inc., J. Jerome Miller, General Counsel. Previous municipal specific experience is partially reported above and in the J. Jerome Miller resume enclosed. Typical municipal legal issues experience is additionally reported in the other attached resumes. Three references, for similar services, attesting to the Firm' s knowledge, quality of work, timeliness, diligence and flexibility are: Craig Barker Mary Lou Reed Mel Ponder 726 Beach Drive Executive Director 4 Welaka Court Destin, Florida 32541 Workforce Development Board Destin, FL 32541 850) 376 -1400 Okaloosa Walton Counties, Inc 850) 865 -0816 8th craig.barker@cox.net 109 Ave. mel @thebeachfla.com Shalimar, FL 32579 City of Destin 850) 651 -8623 City of Destin Councilman 1997 -2001 mlreed@jobsplus02.com Councilman 2002 -2006 Mayor 2002 -2009 The role of attorney for any individual or collegiate body is unique compared to any other service utilized. Mutual confidence is the heart of such a relationship both in spirit and practice. Accordingly, such relationships of which the Firm is a party are usually established and maintained on an at will basis. The Firm philosophy is that stability and continuity of legal services is believed critical to the success of a City. The Firm, when selected, would enter into the service with a mindset that the service is continuing in nature. No term of years obligation by the City is requested or expected by the Firm. City Attorney services, being personal by nature should be terminable at will, allowing reasonable time for transition. The Firm, when selected, would have no claim or entitlement upon termination for lost profits or any further compensation not earned prior to the time of cancellation. The proposed agreement enclosed herewith provides for cancellation by the City with thirty ( 30) days notice and by the Firm with ninety ( 90) days notice, subject to the different requirements of the City, if any. The opportunity for services review and action is open to the City Council at every meeting at which there is a quorum present and eligible to vote. The Firm certifies by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from V  r City of Midway City Attorney Services Page 5 of 5 participation in this transaction by any State or Federal department/agency. To the extent that this writing and its enclosures omits addressing any requirement, leaves open any issue expected to be addressed, or begs further supplement -or response, please advise by contacting Jerry Miller at ( 850) 650 -0599 office or ( 850) 830 -6696. This letter and the enclosures are typical of long experience in representing Florida municipalities, as is the proposed contract enclosed herewith. Each element of the proposed engagement is open to discussion, negotiation and resolution in the best interest of the City of Fort Walton Beach and the Firm. Council. Thank you for your favorable consideration and the opportunity to present before the City Yours Very Truly, PLEAT & PERRY, P.A. f 1.. Jerome M r, Esq. JJM/mem Enclosures: As stated above gAwp_docs\city of fort walton beach\ fortwaltonbeach.itrproposal. rtf  I JEROME MILLER Of Counsel to the Firm Born March 22, 1946; Hometown, Fort Walton Beach, Florida Residential address: 91 Baywinds Drive, Destin, Florida 32541 Cell ( 850) 830 -6696 jerry@pleatpeny.com Concentration of practice in local government law since 1975 Relevant Present Experience and Representations: 1977- Present Private Law Practice, Okaloosa County, Florida 1996- Present City of Destin City Attorney 1998- Present City of Destin Community Redevelopment Agency Attorney 1997- Present Workforce Development Board of Okaloosa-Walton Counties General Counsel Relevant Prior Experience: 1970 -1971 Staff Attorney, Florida Department ofNatural Resources 1971 -1975 USAF, Staff Judge Advocate Corps 1975 -1977 Private Law Practice, Tallahassee, Florida 1975 -1977 City of Carrabelle City Attorney 1977 -1979 Fort Walton Beach Municipal Hearing Panel Member Now Board of Adjustment) 1979 -1981 Fort Walton Beach Municipal Planning Board Member Local Planning Agency) 1981 -1985 Fort Walton Beach City Council Member Mayor Pro Tem 1983 -1984 1981 -1985 Okaloosa County Gas District Board President 1983 -1984  1985 -1993 City of Destin City Attorney 1988 -2003 City of Fort Walton Beach City Attorney 1988 -2003 City ofFort Walton Beach Community Redevelopment Agency Attorney 1989 -1997 City of Crestview City Attorney 1992 -1997 City of Crestview Community Redevelopment Agency Attorney 1995 -1996 City of Mary Esther City Attorney 1998 -2002 City of Ebro City Attorney Education: Florida State University (B.S. 1967; J.D. 1970) Admissions To Bar: 1970, Florida Supreme Court 1975, U.S. District Court, Northern District of Florida 1981, U.S. Court of Appeals, Eleventh Circuit 1985, Supreme Court of the United States Memberships: The Florida Bar (Member Local Government Law Section; Elder Law Section; Real Property, Probate and Trust Law Section) Okaloosa- Walton Bar Association Florida Municipal Attorney's Association (State Steering Committee Member 1991 -1996) ( Board of Directors 1996 -1998) ( President 1999 -2000) Honors: AV rated attorney by Matindale Hubbell, a peer rating of preeminent in legal proficiency and ethical practices, the highest rating available Lecturer in Municipal Law for: Florida Municipal Attorneys Association Florida Institute of Local Government Florida Association ofCity Clerks Panhandle League of Cities The Paul Buchman Award recipient from the Florida Municipal Attorneys Association, as Florida' s Outstanding Municipal Attorney of the Year for 2004 -2005 Panel Member -- Florida Bar Scope Member Program, providing attorney mentoring to Florida Bar members h Panel Member —First Judicial Circuit of Florida Mentor, providing attorney mentoring to Florida Bar members in Escambia, Santa. Rosa, Okaloosa and Walton Counties Firm Information: The firm, established in 1995, is a full service law firm consisting of eight attorneys, with offices in Destin, Florida and found on the internet at www.pleatpeny.com. gAwp_ docslcity of midwaylmiday.resumejjm.doc  David B. Pleat, Esq. Partner David B. Pleat, Esq. is the founder senior partner for Pleat & Perry, P.A. law firm in Destin. He practiced for ten years as a litigator in the Washington, D. C. and Baltimore areas. He relocated to Florida and has practiced in Destin since 1995. He has extensive litigation experience in a variety of state and federal courts. David is the founding partner of Pleat & Perry, P.A. Together with his wife and law partner, Amy Perry, they have expanded their law practice into a full service law firm and now have 17 employees, including 8 attorneys David has substantial litigation and appellate experience and is rated AV Preeminent with highest ethical standards with the nation's most prestigious Lawyer Directory, Martindale Hubbell. In addition to his law practice, David finds time to volunteer for many civic organizations, he has served on various boards and is currently campaigning for the Florida House of Representatives District 7 seat. Professional & Community Involvement Destin Area Chamber of Commerce ( Chairman; 2007) Destin Sports Commission Walton Area Chamber of Commerce Destin Kiwanis Club Condominium Association Institute Okaloosa Walton Bar Association Attorney Grievance Committee of The Florida Bar (Vice Chairman, 2010; Member, 2008 -2011) Florida Justice