HomeMy WebLinkAboutItem #23 Briefing/Discussion on Letter of Interest for City Attorney Services s d000d bit.
AGENDA ITEM COVER SHEET
Meeting Date: December 6, 2011
Item # a3
Reviewed By:
Contact Name: Rob Frank Department Director:
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Contact Number: 1500 City Manager:
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Background Summary:
On October 30, 2011, the City issued a Request for Letters of Interest for City Attorney Services, advertised in
local publications and several popular legal publications. The responses were due and were opened on
November 22, 2011 at 2:00 p.m., with a total of ten firms responding (see attached). Copies of the responses
have previously been distributed to the City Commission. Following a period of evaluation and research of the
responses, I recommend that the City Commission short list and interview the following four law firms (listed in
alphabetical order, with proposed City Attorney listed adjacent thereto in brackets):
• Brown, Garganese, Weiss, & D'Agresta, P.A. [Suzanne D'Agresta]
• Fowler, O'Quinn, Feeney, & Sneed, P.A. [Thomas C. Feeney]
• Shepard, Smith, & Cassady, P.A. [Clifford B. Shepard]
• Shuffield, Lowman & Wilson, P.A. [Scott A. Cookson]
This short list may be expanded if the Commission is interested in interviewing any additional law firms that
have applied for the City Attorney position.
Since Paul Rosenthal is retiring at the end of January, it is recommended that the City Commission consider
scheduling a Workshop Meeting in December to interview the short listed law firms. This would position the
City Commission to make a final decision on a timeline that would allow for an orderly transition.
Issue:
Should the City Commission schedule interviews at a Workshop Session with a short list of City Attorney
applicants?
Recommendations
It is recommended that the City Commission schedule a Workshop Meeting to interview the following four law
firms for the position of City Attorney: (1) Brown, Garganese, Weiss, & D'Agresta, P.A., (2) Fowler, O'Quinn,
Feeney, & Sneed, P.A., (3) Shepard, Smith & Cassady, P.A., and (4) Shuffield Lowman & Wilson, P.A., along
with any additional law firms that the City Commission is interested in interviewing.
Attachments:
Copy of Request for Letters of Interest #1201;
Listing of Responders
Response to Request for Letters of Interest #1201 (previously distributed)
Financial lmpact: None
Type of Item: (please mark with an "x")
Public Hearing Fortelf Dept ,f ;
Ordinance First Reading - Consent Agenda
Ordinance Second Reading Public Hearing..
Resolution Regular Agenda
Commission Approval
X Discussion & Direction
Original Document/Contract Attached for Execution by City Clerk
Original Document/Contract Held by Department for Execution
Reviewed by City Attorney N/A
Reviewed by Finance Dept. N/A
Reviewed by 0 N/A
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Center of Good Lip
Mayor Abe Lip. Commissioners
S. Scott Vandergrift Gary Hood, District 1
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1 Rosemary Wilsen, District 2
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City Manager F �C .�� Rusty Johnson, District 3
Robert Frank � <�; Joel Keller, District 4
CITY OF OCOEE
REQUEST FOR LETTERS OF INTEREST
(RLI) #1201
CITY ATTORNEY SERVICES
City of Ocoee • 150 N Lakeshore Drive • Ocoee, Florida 34761
phone: (407) 905 -3100 • fax: (407) 905 -3194 • www.ocoee.org
4825 - 0421 - 7613.2
Request for Letters of Interest, Legal Advertisement
The City of Ocoee, Florida, (the "City ") is soliciting letters of interest for the following services:
RLI #1201 City Attorney Services. Letters of Interest will be received at the office of Joyce
Tolbert, CPPB Purchasing Agent, Finance /Purchasing Department, Second Floor, 150 North
Lakeshore Drive, Ocoee, Florida 34761 until 2 :00 P.M., local time, on November 22, 2011.
Letters of Interest received after that time will not be accepted under any circumstances. Sealed
Letters of Interest that have been timely received will be publicly opened and the names of the
responding firms read aloud at that time. Prospective respondents may secure a copy of the
documents required for submitting a Letter of Interest through Onvia/Demandstar by accessing
the City's website at http : / /www.ocoee.org under Finance /Purchasing. Partial sets of the
documents required for submitting a Letter of Interest will not be issued. By using
Onvia/Demandstar, prospective respondents will be provided with all information regarding this
RLI, all addendums and changes to the requirements. Membership with Onvia/Demandstar is not
required to submit a response; fees may apply for non - members. If access to Onvia/Demandstar
is not available, please email itolbert@ci.ocoee.fl.us and include your complete contact
information. Persons other than prospective respondents may inspect the documents required for
submitting a Letter of Interest at the Ocoee City Hall City Clerk's Office, 150 N. Lakeshore
Drive, Ocoee, FL 34761. Persons inspecting the documents at the City Clerk's office that
request copies will be required to pay a fee as prescribed by statute. City Clerk, October 30,
2011.
•
RLI #1201 — City Attorney Services 2
4825 -0421- 7613.2
CITY OF OCOEE
REQUEST FOR LETTERS OF INTEREST "RLI" #1201
CITY ATTORNEY SERVICES
A. INTRODUCTION AND GENERAL INSTRUCTIONS
1. The City of Ocoee is accepting sealed responses from qualified firms for City
Attorney services to provide comprehensive legal representation for the City of
Ocoee, Mayor and City Commissioners, Administrative Staff, and the Citizen Boards
and Committees.
2. The City of Ocoee is located approximately 14 miles west of Orlando. Ocoee is
ideally located at the juncture of State Road 50, the Florida Turnpike, the East West
Expressway (SR 408) and the Western Expressway (SR 429) providing easy access to
downtown Orlando, Northern Orange County and several tourist destinations.
Ocoee has a population of 36,018 residents. The City operates under a
commission/manager form of government. The commission, comprised of the Mayor
and four commissioners elected for a three year term, have legislative authority and
are responsible for policy making. The City Manager is responsible for enacting the
policies and ordinances approved by the Commission and managing the day to day
operations of the City. Department Directors report directly to the City Manager. The
City Attorney reports directly to the City Commission but works closely with the City
Manager. Municipal services provided by the city include: police and fire protection,
park facilities, recreational activities and facilities, code enforcement, water and
wastewater services, stormwater management, and solid waste collection and
disposal. Additionally, the city constructs and maintains streets, sidewalks, and
infrastructure. The city has a staff of 313 full time and 66 part time employees. The
City's adopted budget for fiscal year 2012 is $57M. The total anticipated billings by
the City Attorney for fiscal year 2012 is $400,000. See chart below for a three year
history of City Attorney legal expenses.
Type of billing: FY 10/11 FY 09/10 FY 08/09
Development and Land Use Services * $ 161,625 $ 146,188 $ 194,021
Code Enforcement -(not related to Code
Enforcement Board issues) 11,585 18,778 9,854
Annexations 7,238 19,642 39,334
General Government Matters 218,356 269,885 253,951
Total Billed $ 398,804 $ 454,493 $ 497,160
Hours Billed 1,442 1,848 1,737
* General Government Matters and related City Matters are billed at reduced negotiated rates. Development
and Land Use Billings are for services related to plan review and other development services. They are
billed to and paid by the City which is then reimbursed by the Developer. [See Land Development Code
Section 1 -12.] These "Charge Back Billings" have been historically billed at the City Attorney's standard
rates in order to afford a discounted rate on General Government Matters.
RLI #1201 — City Attorney Services 3
4825 - 0421 - 7613.2
1 Prospective respondents may secure a copy of the documents required for submitting
a response through Onvia/Demandstar by accessing the City's website at
http: / /www.ocoee.org under Finance /Purchasing. Partial sets of the documents
required for submitting a response will not be issued. By using Onvia/Demandstar,
prospective respondents will be provided with all information regarding this RLI, all
addendums and changes to the requirements. Membership with Onvia/Demandstar is
not required to submit a response; fees may apply for non - members. If access to
Onvia/Demandstar is not available, please email jtolbert(ci.ocoee.fl.us and include
your complete contact information.
4. Firms, companies and/or individuals interested in providing these services shall
submit one (1) original and ten (10) copies of their response. Responses shall be
submitted to the City of Ocoee in one sealed package, clearly marked on the outside
with the appropriate RLI number and closing date and time, addressed to:
Joyce Tolbert, Purchasing Agent
City of Ocoee
150 N. Lakeshore Drive
Ocoee, Florida 34761
Phone: (407) 905 -3100 x 1516
FAX number: (407) 905 -3194
jtolbert(ci.ocoee.fl.us
No fax or e- mailed submissions will be accepted.
5. Responses must be received no later than 2:00 p.m. (local time) on November 22,
2011. Any response received after the above -noted time will not be accepted under
any circumstances. Any uncertainty regarding the time a response is received will be
resolved against the Respondent. It shall be the sole responsibility of the Respondent
to have the response delivered to the Ocoee City Hall by U.S. mail, hand delivery, or Lli
any other method available to them. Delay in delivery shall not be the responsibility
of the City. A response received after the deadline shall not be considered and shall
be returned unopened. Any request to withdraw a response must be addressed in
writing. Such requests must be received by the City prior to the deadline of the
submission. All expenses for providing letters of interest to the City shall be borne by
the respondent.
6. The City will receive questions regarding the RLI only through written inquiries
directed to the Purchasing Agent. Deadline for receipt of written inquiries will be
November 17, 2011 at 5:00 p.m., local time.
7. The City reserves the right to award a contract to the proposer which it deems to be in
the best interest of the City. The City is therefore not bound to accept a response on
the basis of lowest quoted price alone and further reserves the right to reject any and
all responses if it is deemed to be in the City's best interest to do so. The City
Commission and City Staff may interview Respondents. The City Commission's
decision shall be final.
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8. The selected law firm will be required to enter into a contract with the City for the
provision of legal services as City Attorney. It is anticipated that the start date for
providing legal services will be January 1, 2012.
B. LETTER OF INTEREST FORMAT
Tab 1. Title Page /Cover Letter/Table of Contents
Title Page shall show the request for letters of interest subject, title and request number;
the firm's name; the name, address and telephone number of a contact person; and the
date of the response. The response shall contain a cover letter signed by a person who is
authorized to commit the Respondent to perform the work included in the response, and
should identify all materials and enclosures being forwarded in response to the RLI.
The Table of Contents shall provide listing of all major topics, their associated section
number, and starting page.
This section shall also include: Name of attorney and law firm; date firm established;
locations of all offices and dates established.
The cover letter should indicate the name of the attorney who will be designated as the
"City Attorney" and have primary responsibility for managing the relationship with the
City.
Tab 2. Experience of the law firm
Provide background information regarding the law firm and its areas of practice.
Include specific information regarding expertise of law firm in local government law
and other practice areas included within the Scope of Services.
Provide a list of all governmental clients that the law firm has represented within the
past five (5) years and describe the services provided to these governmental clients.
Include a contact name and phone number for each such governmental client.
List all judgments or lawsuits in the last five (5) years against each attorney that
would represent the City, including the nature of the lawsuit and the resolution
thereof.
Provide information regarding the law firms malpractice insurance coverage, including
the amounts of such coverage. [Note: The selected firm will be required to provide
evidence of malpractice insurance coverage.]
List all lobbyists employed by your firm and the areas in which they lobby.
Tab 3. Experience of Attorneys
Name and biographical sketch of the attorney who will be assigned as City Attorney for
the City of Ocoee. The City Attorney shall have a minimum of five (5) years local
government experience as an attorney. Designate how many years experience as a
local government attorney.
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Provide the names and resumes of other attorneys who will assist in providing legal
services to the City and who may attend any of the City Commission or other meetings.
Designate how many years legal experience in local government experience for each
attorney. For each attorney, identify whether attorney is certified in city, county, and
local government law, the attorney's professional ratings and /or recognition in the legal
community for professional achievement (e.g. Martindale- Hubbell ratings); recognition
or extraordinary participation in Florida Bar, Federal Bar, American Bar Association,
local bar associations or professional practices committees, or ratings by other
nationally recognized systems.
Tab 4. Fee Proposal
The firm or attorney shall submit a proposal for compensation which should include,
but is not limited to, an hourly rate option, a monthly retainer fee option, or a
combination of these options or other alternative fee proposals, The hourly rate option
is mandatory and may indicate different hourly rates for general government services
and development and land use services which are charged back by the City to
developers. Indicate if different rates are charged for litigation services or for services
as issuer's counsel in bond transactions.
Tab 5. Conflicts of Interest.
Indentify any clients that have matters currently pending before the City and whether
the law firm is representing those clients in the specific matters. Identify any conflicts
of interest which would preclude the law firm from representing the City with respect
to specific clients or matters.
The City Attorney is required to file financial disclosure and is subject to the applicable
provisions of Part III of Chapter 112, Florida Statutes. Specific attention is directed to
Section 112.313(16), Florida Statutes, regarding local government attorneys.
Compliance with this section will be required in accordance with Florida law.
Tab 6. References.
Please provide a list of 3 to 5 references, including the phone number of each reference.
C. SCOPE OF SERVICES
City of Ocoee Charter , S C -26. - City Attorney.
There shall be a City Attorney who shall be appointed by a majority of all members of the
City Commission. The City Attorney shall act as the attorney and counselor for the city.
The City Attorney shall prepare and /or review as to form and legality all contracts,
agreements, bonds and other written instruments to which the city is a party. When
required to do so, the City Attorney shall prosecute and defend for and in behalf of the city
all complaints, suits and controversies in which the city is a party. The City Attorney shall
furnish to the City Commission and the City Manager an opinion on any question of law
affecting the city and shall perform such other professional duties as may be consistent
with this Charter and required by ordinance or resolution of the City Commission,
prescribed for City Attorneys under the laws of Florida or otherwise requested by the City
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Commission or the City Manager. The City Attorney shall be a lawyer admitted in and
having authority to practice in all courts of the State of Florida. The City Attorney may also
serve as City Prosecutor, subject to the approval of the City Commission, and may appoint
such Assistant City Attorneys as the City Attorney deems necessary. Upon
recommendation of the City Attorney or the City Manager, the City Commission may
retain special legal counsel to represent the city. Upon request by any board, commission or
committee of the city, the City Commission or the City Manager shall appoint an attorney
to assist such board, commission or committee. Upon the request of the City Commission
or the City Manager, the City Attorney shall provide assistance to any board, commission
or committee of the city.
Primary Duties
1. The City Attorney plans, coordinates and directs the legal activities of the City.
Work duties require close coordination with the City Commission, officials from
other governmental units, and the City Manager.
2. The function involves primary responsibility for performing legal research,
preparing opinions, advising City officials, and conducting complex civil suits.
3. The City Attorney shall serve as chief legal advisor to the City Commission, City
Manager, and all City departments.
4. The City Attorney shall represent the City in most legal matters, including the
bringing and defending of suits. Please note the City has insurance coverage
which provides legal counsel for all covered lawsuits in which the City is named
as defendant. The City Attorney is also the Issuers Counsel on bond issues. The
City currently outsources the following legal services: Labor Attorney, Eminent
Domain Attorney, Code Enforcement Board Attorney, Bond Counsel, and Police
Legal Advisor; the City Attorney is currently not responsible for these services;
however, future negotiations with the selected City Attorney may include the
addition of one or more of these disciplines, depending on experience of the
selected firm.
5. Attends all meetings of the City Commission, Planning and Zoning Commission,
and Board of Zoning Adjustments as required. For reference, the City
Commission regular meetings are held on the first and third Tuesday evenings
each month. Each meeting lasts approximately one (1) hour to three (3) hours.
Some meetings may occasionally last longer. The Planning and Zoning
Commission meets the second Tuesday of each month, and the Board of Zoning
Adjustments meets as needed.
6. Drafts contracts, resolutions and ordinances at the request of the City Commission
and the City Manager.
7. The City Attorney shall review and approve all contracts, resolutions, and
ordinances generated by City staff prior to consideration by the City Commission.
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8. Keep the City Commission and City Manager informed of legislation or judicial
opinions that have potential impact to the City.
9. Typically meets with the City Manager and staff for an entire day once or twice
each month to provide legal guidance and instruction on various projects,
programs and issues requiring legal assistance.
10. The contract with the City Attorney will be with the City Attorney's law firm and
will expressly authorize the use of the law firm (and other attorney's with such
firm) of the City Attorney to complete legal services for the City.
END INSTRUCTIONS
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