HomeMy WebLinkAboutVI (D) Discussion/Approval of REP and Selection Committee to Select Attorney for Code Enforcement Board z ,, AGENDA 12-5-95
"CENTER OF GOOD LIVING-PRIDE OF WEST ORANGE" Item VI D
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_ a CITY OF OCOEE RUSTY JOHNSON
+.. PAUL W.FOSTER
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Of 0000 SCOTT
SHAPIRO
MEMORANDUM
To: THE HONORABLE MAYOR AND BOARD
OF CITY COMMISSIONERS
From: ELLIS SHAPIRO, CITY MANAGER
Date: NOVEMBER 29, 1995
Subject: BOARD ATTORNEY FOR CODE
ENFORCEMENT BOARD
Attached hereto is a memorandum from Paul Rosenthal, City Attorney,
regarding the request for proposal for a permanent attorney for the Code
Enforcement Board. As you may recall, the current attorney was interim
as the result of the resignation of Ike Cool, and therefore, it is appropriate
to begin the process to selecting permanent representation. I would like
to suggest that a selection committee be formed with the following
members: the City Attorney, the Chairman of the Code Enforcement
Board, Don Flippen, Chief Strosnider, and a City Commissioner.
Upon review, if you agree, I would recommend that a motion be made
creating this committee, selecting a City Commissioner, and approving
the information enclosed as our RFP for this position.
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Respectfully S . itted,
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Attachment
MEMORANDUM
TO: Ellis Shapiro, City Manager
Don Flippen, Building Official
FROM: Paul E. Rosenthal, Esq., City Attorney
DATE: November 21, 1995
RE: Board Attorney for Code Enforcement Board
In connection with the selection of the Board Attorney for the Code
Enforcement Board, please find enclosed the following:
(1) Advertisement.
(2) Request for Proposals.
(3) Schedule for Request for Proposals.
I would suggest that the Advertisement be published twice in the West Orange Times and the
Orlando Sentinel. The publication in the Orlando Sentinel should not be in the Orange Extra
edition. Additionally, copies of the Advertisement should be mailed to any individuals who
have requested that they be advised regarding the selection of the Board Attorney.
It would be appreciated if you would review the enclosed information and
provide me with your comments. Also, please let me know what time schedule you would
like to follow so the time line can be finalized.
PER:dh
Enclosure 11
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SCHEDULE FOR REQUEST FOR PROPOSALS
FOR
BOARD ATTORNEY FOR THE CODE ENFORCEMENT BOARD OF
THE CITY OF OCOEE, FLORIDA
, 1995 Publish Request For Proposal Advertisement
, 1995 Proposals Due at p.m.
, 1995 Selection Committee Meeting
, 1995 Selection Committee Short List Interviews
through , 1995
, 1995 City Commission meeting to consider
Appointment of Board Attorney for Code
Enforcement Board
A:\SCH DU[E.NEW1lIPS/951DISKISMC:jed
CITY OF OCOEE
REQUEST FOR PROPOSALS
CODE ENFORCEMENT BOARD ATTORNEY
The Ocoee City Commission is inviting proposals from law firms and individual attorneys to
serve as BOARD ATTORNEY to the OCOEE CODE ENFORCEMENT BOARD. Proposals
will be received by the City until p.m. on , 1995. Request For
Proposal packages are available from the City by calling the Building Department at 656-2322,
Extension or writing at 150 North Lakeshore Drive, Ocoee, Florida 34761. Performance
of these duties requires demonstrated expertise in Code enforcement matters, which may include
representation of code enforcement boards and/or representation of clients before code
enforcement boards. Applicants should have local government law, civil litigation and/or
administrative law experience. Proposals received after the day and time stated will not be
considered and will be returned to the proposer unopened. City reserves the right to reject any
or all proposals. City also reserves the right to waive any minor deviations in an otherwise valid
proposal, to reject any or all proposals and to accept the proposal that will be in the best interest
of the City.
Date: . Don Flippen, Building Official
A:IADVERTLS.NEW I I I/19/951 DISK I SMC:jed
INVITATION TO SUBMIT
REQUEST FOR PROPOSALS
FOR
BOARD ATTORNEY FOR THE CODE ENFORCEMENT BOARD OF
THE CITY OF OCOEE, FLORIDA
1. Purpose. The City of Ocoee ("City") is soliciting proposals from law
firms or individual attorneys interested in serving as Board Attorney to the Code Enforcement
Board of the City of Ocoee, Florida ("CEB").
2. Instructions to Applicants. Law firms or individual attorneys
desiring to provide services as described herein, should submit proposals in accordance with the
terms of this Request For Proposals. Proposals must be submitted with an original and five (5)
copies not later than p.m. on 1995, and directed to the attention of
Don Flippen, Building Official, 150 North Lakeshore Drive, Ocoee, FL 34761. The exterior
of the envelope should clearly be labeled as follows: "Application for Board Attorney to Code
Enforcement Board." All proposals will be open to public review. Proposals received after the
day and time stated above will not be considered.
3. General Background. The CEB is an administrative board with
authority to impose administrative fines and other non-criminal penalties to provide an equitable,
expeditious, effective and inexpensive method of enforcing the codes and ordinances of the City
of Ocoee, Florida. The CEB was established and has jurisdiction pursuant to Chapter 162,
Florida Statutes and Section 7-3B of the City of Ocoee Code.
The CEB meets on the of each month at p.m. at
, Ocoee, Florida.
The City Code Inspectors are responsible for initiating proceedings before the
CEB. After a proceeding is initiated, the CEB is responsible for conducting hearings and issuing
orders of relief. Hearings include testimony under oath from the code inspector and the alleged
violator has a right to appear in person before the CEB, to testify and present evidence, to
subpoena witnesses and to be represented by legal counsel of its own choosing at its own
expense. Formal rules of evidence do not apply at CEB hearings but fundamental due process
is observed.
4. Scope of Work. The Board Attorney is a special legal counsel for the
CEB, advising the CEB on all legal issues arising out of matters before the CEB. The firm or
individual attorney must attend all regular and specially scheduled CEB meetings.
5. Requirements. Any law firm or individual attorney who is a member
of the Florida Bar and interested in serving as Board Attorney for the Ocoee Code Enforcement
Board must meet the following criteria:
a. Attorneys must have general experience in code enforcement
matters, which may include representation of code enforcement boards and/or representation of
clients before code enforcement boards. Attorneys should have experience with local
government law, civil litigation and/or administrative law and should be familiar with, or should
become familiar with, the Code of the City of Ocoee.
b. The firm or individual attorney must submit a proposal complying
with this Request for Proposals and the information, documents and materials submitted in the
proposal must be complete and accurate in all material respect.
c. No law firm or individual attorney shall represent, at any time
during which it renders services hereunder, a client in a proceeding before the CEB or any client
in judicial, administrative or local government proceedings in which the City of Ocoee is an
adverse party.
6. Proposal Format. The law firm or individual attorney shall provide the
following:
a. A list of the lead attorney who will be assigned to provide the
services described herein, and any attorneys who will assist such lead attorney.
b. Resumes and descriptions of relevant experience and qualifications
of the attorney or attorneys who will provide the services described herein.
c. A statement regarding the ability to provide prompt, quality legal
service.
d. A description of any current or potential disciplinary action or
malpractice claim or other similar proceeding against the firm or any of its attorneys.
e. Information regarding malpractice insurance coverage.
f. Without breaching client confidentiality, a statement indicating
current or potential client involvement in proceedings before the CEB, or any judicial,
administrative or local government proceedings in which the City of Ocoee is an adverse party..
g. A list of references, including any governmental clients currently
represented by the applicant.
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h. Other information that the applicant deems relevant and useful in
the evaluation of its proposal.
7. Terms and Conditions.
a. The City reserves the right to request clarification of the
information submitted and to request additional information from applicants.
b. The City reserves the right to reject any or all proposals with or
without cause. The City also reserves the right to waive minor deviations in otherwise valid
proposals and to accept the proposal which in its best judgment is most advantageous to the City
and best serves the overall interests of the City and CEB.
c. Any proposal may be withdrawn until the date and time set forth
above for the submission of proposals. Any proposal not so withdrawn shall constitute an
irrevocable offer, for a period equal to the lesser of ninety (90) days or until one or more of the
proposals have been accepted, to provide the City with the services set forth in this Request for
Proposals.
d. The successful firm or individual will be required to execute an
engagement letter as the City and the firm or individual may negotiate.
e. The cost of preparing a response to this Request for Proposals is
solely that of the applicant and the City assumes no responsibility in this regard.
8. Selection Process. All proposals received in a timely manner and in
proper form will be reviewed by the Selection Committee for the City of Ocoee Code
Enforcement Board Attorney. The Selection Committee will assemble a short list of applicants
and will conduct interviews as the Selection Committee deems appropriate. The Selection
Committee will recommend an applicant to the City Commission and will provide the City
Commission with a ranked short list of applicants. The City Commission will make the final
determination on the appointment of a Board Attorney for the CEB.
Any questions concerning this Request For Proposals should be directed in writing
to Paul E. Rosenthal, Esq., City Attorney, at 111 N. Orange Avenue, Suite 1800, Orlando,
Florida 32801. All responses will be in writing and distributed to all persons who have
received a copy of this Invitation from the City.
9. Compensation. The Board Attorney will be compensated hourly
based on an agreed upon hourly rate times the number of hours providing services as described
in this Request for Proposals. The Board Attorney will be reimbursed for reasonable costs as
agreed to by the City.
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10. Term of Service. The successful firm or individual will serve as Board
Attorney at the pleasure of the Ocoee City Commission, and the engagement may be terminated
by the City Commission at any time without penalty. If terminated, the firm or individual
attorney will be paid for all services rendered and costs incurred as of the date of notice of
termination.
11. Public Entity Crime Law Notification. A person or affiliate who has
been placed on the convicted vendor list following a conviction for a public entity crime may
not submit a bid on a contract to provide any goods or services to a public entity, may not
submit a bid on a contract for the public entity for the construction or repair of a public building
or a public work, may not submit bids on leases of real property to a public entity, may not be
awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract
with a public entity, and may not transact business with any public entity in excess of
$10,000.00 for a period of thirty-six (36) months from the date of being placed on the convicted
vendor list.
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