memo to the commissionCITY OF SOUTH MIAMI
INTER-OFFICE MEMORANDUM
CITY CLERK'S OFFICE
TO:Hon.Mayor,Vice Mayor DATE:August 20,2009
&City Commissioners
FROM:Maria M.Menendez
City Clerk
RE:Informational material from prior city attorney RFP
The attached information was requested by Commissioner Sellars,soweare extending it
to the whole Commission.
REQUEST FOR PROPOSALS -CITY ATTORNEY
The City of South Miami,an established Florida municipality of approximately
10,700 residents located in Miami Dade County,seeks proposals from qualified attorneys
andlaw firms toactasCityAttorney.
Proposals should be submitted in accordance with the requirements and guidelines
set forth below.The deadline for proposals is [30 days after day on which ad runs].
PROPOSAL REQUIREMENTS
1.Five (5)copies of the proposal,to be received by [30 days after day on which ad
runs]at the following address:City of South Miami,c/o City Clerk's Office,6130
Sunset Drive,South Miami,Florida 33143,(305)663-6340.
2.The full name ofthe attorney or firm (Florida Bar membership required),with
addresses andtelephoneand telecopier numbers.
3.A resume ofthe attorney/firm;and in the case oflaw firms,resumes ofthe
individual attorney(s)who will work on City matters and a statement identifying the
individual attorney who will attend meetings and have primary responsibility for City
matters andwhetherthat attorney(s)represents other municipalities.
4.A list of any other attorneys or law firms with whom the attorney/firm has a
contractual relationship or other business affiliation;and,in the case of law firms,a list of
allattorneysinthefirm.
5.Tobe eligible to respond to this RFP,the proposing attorney or firm must
demonstrate s/he can perform the scope of services described in the guidelines.In this
regard,the respondent shall send a cover letter outlining the scope of services available
from the attorney/firm (see Guidelines below);the relevant experience and expertise of
the attorney/firm;and the form and amount of the compensation requested,including fee
structure,method of billing,costs and the charge for costs which will be separately billed,
all charges which are not included in the basic fee,including paralegal,faxes,
photocopies or other charges,billing period and whether billing will be itemized.Please
include a description ofthe attorney/firm's professional liability insurance coverage.
6.Adisclosure of the following:(a)any relationships between the attorney or
attorneys ofthe firm and any Commission member,his/her spouse,or family:(b)any
relationship between attorney or attorneys of the firm and any business or entity owned
bya Commission member of their family or in which a Commission member or their
family has or had an interest;(c)any other information concerning any relationships
between the attorney or attorneys ofthe firm and any Commission member which the
Applicant deems might be relevant to the Commission's consideration;(d)such other
governmental or quasi-governmental entities which are represented by the attorney or the
attorneys of the firm,and the nature ofthe representation in such matters;and(e)a
"conflict list"ifsameismaintainedbytheattorneyorthefirm.
GUIDELINES
1.UndertheCity Charter,the Commission may appoint a City Attorney,who shall
beanofficeroftheCity who shall serve atthe pleasure ofthe Commission.TheCity
Attorney and such Assistant City Attorneys as may be necessary who shall actasthe
legal advisorforthe municipality and allofits officers in matters relating totheir official
powers and duties.The City Attorney shall bea lawyer ofat least five years practice in
the courts of theState of Floridaimmediatelyprecedingthetine of hisorher
appointment.Heorshe shall prepare or review all ordinances,resolutions,contracts,
bondsand other written instrumentsinwhichthemunicipalityis concerned andshall
endorseoneachhisorher approval ofthe form,languageandexecutionthereof.When
required bythe Commission,heor she shall prosecute and defend,for and inbehalfthe
City,all complaints,suits,and controversies inwhichtheCityisa party,beforeanycourt
orotherlegally constituted tribunal;he orsheshallrender such opinions onlegalmatters
affectingtheCityasthe Commission maydirect;mustagreetoattendallrequired
meetingsandenterintosuch agreements asrequiredby Commission asacondition of
employment;andheorshe shall perform suchother professional dutiesasmaybe
requiredbyordinance of resolution ofthe Commission.
2.TheCityAttorneyisexpectedtoprovidethefollowingminimumlegalservices:
(a)Attendanceatallmeetings of theCity Commission,includingspecialand
emergency meetings,and allrequiredcommitteeoragencymeetings;
(b)Preparationof resolutions andordinances;
(c)Preparation of legalopinions;
(d)Preparation of contracts,employmentagreementsandother
documentation;
(e)Expert advice onlocal government lawand procedures (including,without
limitation,Chapter166 Fla.Stat.PublicRecordsAct,appropriationsand
procurement laws,competitive bidding law,EthicsCodeforPublic
Officials,conflicts of interestandparliamentaryprocedure);
(f)Adviceongeneralquestions of zoning,landuse,labor,utilities;municipal
financelitigationandothermatters;and
(g)Liaisonwithoutsidecounsel,withrequired.
Applicantswhoofferascope of servicesgreaterthantheminimumrequirements
should so indicate,in response to paragraph 6above.
3.TheCityAttorney,whetheranindividualoralawfirm,willbesubjecttostrict
conflict of intereststandardstobedevelopedbytheCommission,inadditiontoexisting
laworethnicalguidelines.Amongotherthings,theCityAttorneywillnotbe permitted
to represent anyclientbeforethe Commission oranyCommittee,department oragency
of theCity,andwillagreenottoundertakeany other private representation which might
create a conflict of interest withtheCity.TheCity Attorney may not represent any
Commission member,individually,or,any member of theirfamilyoranybusinessin
which the Commission member of theirfamilyhasaninterest.
4.All proposals received willbe considered public records.
5.TheCitywillconsiderall proposals usingsuchcriteriaasthe Commission may
adoptinitssole discretion.The attorney orlaw firm selected willberequiredtoenter
intoaformalagreementwiththeCity,priortotheexecution of whichtheCityshall
reserveallrights,includingtherighttochangeitsselection.
City of South Miami
City Attorney
Interview Questions
December 7,2004
1.Whatarethetwo "shade"meetingsfor municipal governments
permitted under the Sunshine Law?
a.Executive Session and Attorney Client Session
Comments:
Explainthedifferencebetweenanexecutivesessionandanattorney
client session.
a.An executive session isto discuss collective bargaining
issues under Chapter 447 of the Fl.Statutes
b.An attorney client session isto discuss litigation strategy,
settlement and cost with the commission.
Comments:
DoesanAttorneyClientsessionhavetobeadvertised?
a.Yes
Comments:
4.Does an Executive Session have to be advertised?
a.No
Comments:
Page 1 of 5
5.What arethelegalrequirementsforan Attorney Client Session?
a.Actual litigation,not threatened litigation
b.Must be advertised
c.Must have a court reporter
Comments:
6.Under Robert's Rules of Parliamentary Procedure,describe when an
agenda item can be tabled and how itcan be brought back.
a.An item can be tabled with a majority vote.It can only be
brought back at the meeting in which it was tabled or the
next regularly scheduled meeting.If not,the item dies.
Comments:
7.Howcana city commissioner moveto reconsider a commission vote?
a.They can't unless they are on the prevailing side of the vote.
Comments:
8.Explain the Sunshine Law.
a.Chapter 286inthe Florida Statutes that require governments to
conduct their business inthe sunshine withthe public and
prohibits non-noticed meetings of twoormore elected officials.
Comments:
9.Isit permissible under the Sunshine Law for two or more
commissioners to have dinner together?
a.Yes,provided they do not discuss anything that may be
brought before them for a vote in the future.
Page 2 of 5
Comments:
lO.What aretherequirements of theSunshineLawthatgoverningbodies
must follow?
a.All government meetings must be properly advertised
(noticed),an agenda must be published and minutes must
be kept of the meetings.
Comments:
11 .What isa public record?
a.The recordation of official government business in any form
including paper,audio or visual tapes,e-mail etc.
Comments:
12.If theCity Manager stampsdraftand confidential ona document
which describes official business of the City and sends the document
confidentially toone of her Department Heads,isit exempt or
excluded from the Public Records Law.
a.No.It must have its own separate exemption under the
Public Records Law.
Comments:
13.Name some of the exceptions tothe Public Records Law.
a.Home addresses and telephone numbers of law enforcement
officers and human resources employees.
b.Payroll deduction information on employees.
c.Medical Information
d.Social Security numbers.
Page 3 of 5
Comments:
14.Inthe context of themunicipalbiddingprocess,explain thelegal
significance between responsive and responsible bidders.
a.A responsive bidder meets all of the bid specifications and
requirements.
b.Responsible bidding hastodo with the performance of the
bidder on prior contracts.
Comments:
15.Are there exemptions to competitive bidding?
a.Legal Services,architectural and engineering services,sole
source.
Comments:
16.Can a municipal ordinance be stricter than a state statute?
a.Yes.
Comments:
17.Within the State of Florida,isa planned amendment a quasi-judicial
hearing ora legislative policy consideration?
b.Legislative policy consideration.
Comments:
Page 4 of 5
18.Within theState of Florida,isazoning change a quasi-judicial hearing
or a legislative policy consideration?
a.Quasi-judicial hearing.
Comments:
19.When reviewing a proposed zonechange;which controls,the
comprehensive plan or the zoning code?
a.Comprehensive plan controls if it is more restrictive.
Comments:
20.Explain the relationship between the growth management actand
administrative rules?
a.Growth management is the legal structure within which
administrative rules are promulgated to implement the
growth management act.
Comments:
Page 5 of 5
ADORNO &YOSS
CITY-"
Hialeah Gardens
Opa Locka
JAMES C.BRADY
CITY
Lauderdale Lakes
Hacienda Village
2001 2002
CITY OF SOUTH MIAMI
"RFP ON CITY'ATtORNEYS^
Expenditures /Hourly Rates
2003 RETAINER
!Thereisno record of Adorno and Yoss as City Attorney asper City Clerk
PER HOUR
~!There is no record ofAdorno &Yoss as City Attorney.Representation on certain issues only
,2001 2002 2003 RETAINER PER HOUR
"bid not provide the total amount for thelast3years ;$93,712.00 |$185
:Cannot findthisin the book (1984)
NAGIN GALLOP FIGUEREDO
CITY 2001 2002 2003 RETAINER PER HOUR
Palmetto Bay :$132,709.67 $55,949.44 !No $185.00 124,469
South Miami $226,625 ;$382,250 ;$97,000 10,700
iPOPULATION
!POPULATION
31,705
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"POPULATION CITY200120022003
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:2,200 VirginiaGardens;ServedastheCityattorneyfrom1970-1995!
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HialeahGardens1989-1999!_20,000
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ROSEN&EICHNER!1
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CITY200120022003RETAINER
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PERHOURPOPULATION
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GoldenBeach'Didnotreceiverecordsontotalamount—;^$135!1,000
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;
Tperhour"TpOPULAtlON CITY200120022003-2004RETAINER
Aventura;$237,330$323,789$238,300No
;No
$17520,000
BalHarbouriTotalamountforthelast3years$265,578.05$187.463,309
•——"•-~••••1—-•••
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DaniaBeachi$453,703.18$495,293.81;$373,476.17$275,000$150128,000
Homestead$1,023,194.33$815,938.24i$1,032,325.87No_$150;34,000
Islamoradai$484,498.76$211,260.00j$70,745.00No$150:6,950
KeyBlicayrie"$474^961""l$253i000r$333,000~
"""No
_$105
"$150
_8,500_
111,500 Marathon$399,509$400,811!$449,375
WEISSSEROTAHELFMAN
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-2004
568.76
RETAINERPERHOUR
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MiamiLakesf$182,698.40!$309,046.49|$286,i22,600
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Miramarj|$630,546.17|$i,100,147.13
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*Permonthi
Specialty:
Number of employees:
ADORNO &YOSS
Public Finance,Real Estate,Land Use and Zoning,Employment &Labor Practice,Operations
and Contracts,Litigation
140 Attorneys andtotalnumberof employees is 215.
Race or Ethnicity of attorneys:60%White,27%Hispanic,12%Black and 1%other.
Retainer:No
Hourly rate:Attorneys $180,Paralegal$80
Specialty:
Number of employees:
JAMES BRADY &ASSOCIATES
Administrative law,municipal law,complex land use litigation,real estate law,public housing,
condominium lawand representing public boards.
2 Attorneys and total number of employees is6
Race or Ethnicity of attorneys:1 African American,1 Anglo
Retainer:Yearlyretainerfor$85,000
Hourly rate:With retainer $175 Without retainer $200
Specialty:
Number of employees:
NAGIN GALLOP FIGUEREDO
Local government,transactional law,land use and environmental law,administrative law,Indian
lawandtrialand appellate representation forpublic entities and businesses.
6Attorneysandtotalnumber of employeesis16
RaceorEthnicityof attorneys:2Black,2Hispanic,2White
Retainer:$8,500per month
Hourly rate:$200for special projects.
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Specialty:
Number of employees:
ROSEN &EICHNER
Commercial realestatelaw,government,familylaw,medicalmalpractice
2 lawyers andtotalnumberof employees is 10
RaceorEthnicity of attorneys:2Caucasian
Retainer:No
Hourly rate:$160
WEISS SEORTA HELFMAN PASTORIZA GUEDES COLE &BONISKE,PA
Specialty:
Number of employees:
Eminentdomain,telecommunicationslaw,municipalplanningandlanduse,laborand
employment,municipal code enforcement,civilrights defenses,appellate law,community
associationlaw,constructionlitigationandintergovernmentalrelations.
40attorneysandtotal number of employeesis 65
RaceorEthnicity of attorneys:77%White,21%Hispanic and2%Black
Retainer:No
Hourly rate:$185
Pleasenote that thefirmproposestosendan attorney free of chargetoONECity Commission meeting per month.