Res. No. 091-04-11870RESOLUTIONNO. 91-04-11870
WHEREAS, not withstanding the excellent representation the City receives from
its current legal counsel, it is the desire of the Mayor and City Commission to consider
comparing the legal services and costs provided by the City's current provider to those
being offered by other eligible firms and or attorneys.
NOISY NVA 1161%01 IGNIKII 0 111 we I WKS] 26101-IJ I; vivi I wagn I M a KENJI
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Section 1. That the administration is hereby authorized and instructed to
initiate a request for proposals for legal services in substantially the same form attached.
Section 2. That the administration is further instructed to advertise for sealed
bids for legal services and to submit the bids received to the City Commission for
acceptance or rejection.
Section 3. This resolution shall take effect immediately upon approval.
PASSED AND ADOPTED this 1 st day of June , 2004.
ATTEST: APPROVED:
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Commission Vote: 5-0
Mayor Russell: Yea
Vice Mayor Palmer: Yea
Commissioner Wiscombe: Yea
Commissioner Birts-Cooper: Yea
Commissioner Sherar: Yea
Additions shown by underlining and deletions shown by evefstr-ikdag.
The City of South Miami, an established Florida municipality of approximately
10,700 residents located in Miami Dade County, seeks proposals from qualified attorneys
and law firms to act as City Attorney.
Proposals should be submitted in accordance with the requirements and guidelines
set forth below. The deadline for proposals is Wednesday July 14th, 2004 at 3:00 p.m.
"RFP # CA04 -06 -14 — CITY ATTORNEY"
1. Five (5) copies of the proposal, to be received by Wednesday, July 14th, 2004 at
3:00 p.m. 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 of the attorney or firm (Florida Bar membership required), with
addresses and telephone and facsimile numbers.
3. A resume of the attorney /firm; and in the case of law firms, resumes of the
individual attorneys) who will work on City matters and a statement identifying the
individual attorney who will attend meetings and have primary responsibility for City
matters and whether that 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
all attorneys in the firm.
5. To be 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 of the attorney /firm's professional liability insurance coverage.
6. A disclosure of the following: (a) any relationships between the attorney or
attorneys of the 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
by a 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 of the firm and any Commission member which the
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RFP #CA04 -06 -14
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 of the representation in such matters; and (e) a
"conflict list" if same is maintained by the attorney or the firm.
1. Under the City Charter, the Commission may appoint a City Attorney, who shall
be an officer of the City who shall serve at the pleasure of the Commission. The City
Attorney and such Assistant City Attorneys as may be necessary who shall act as the
legal advisor for the municipality and all of its officers in matters relating to their official
powers and duties. The City Attorney shall be a lawyer of at least five years practice in
the courts of the State of Florida immediately preceding the time of his or her
appointment. He or she shall prepare or review all ordinances, resolutions, contracts,
bonds and other written instruments in which the municipality is concerned and shall
endorse on each his or her approval of the form, language and execution thereof. When
required by the Commission, he or she shall prosecute and defend, for and on behalf of
the City, all complaints, suits, and controversies in which the City is a party, before any
court or other legally constituted tribunal; he or she shall render such opinions on legal
matters affecting the City as the Commission may direct; must agree to attend all required
meetings and enter into such agreements as required by Commission as a condition of
employment; and he or she shall perform such other professional duties as may be
required by ordinance or resolution of the Commission.
2. The City Attorney is expected to provide the following minimum legal services:
(a) Attendance at all meetings of the City Commission, including special and
emergency meetings, and all required committee or agency meetings;
(b) Preparation of resolutions and ordinances;
(c) Preparation of legal opinions;
(d) Preparation of contracts, employment agreements and other
documentation;
(e) Expert advice on local government law and procedures (including, without
limitation, Chapter 166 Fla. Stat. Public Records Act, appropriations and
procurement laws, competitive bidding law, Ethics Code for Public
Officials, conflicts of interest and parliamentary procedure);
(f) Advice on general questions of zoning, land use, labor, utilities; municipal
finance litigation and other matters; and
(g) Liaison with outside counsel, when required.
Applicants who offer a scope of services greater than the minimum requirements
should so indicate, in response to paragraph 6 above.
3. The City Attorney, whether an individual or a law firm, will not be permitted to
represent any client before the Commission or any Committee, department or agency of
the City, and will agree not to undertake any other private representation which might
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RFP #CA04 -06 -14
create a conflict of interest with the City. The City Attorney may not represent any
Commission member, individually, or, any member of their family or any business in
which the Commission member of their family has an interest.
4. All proposals received will be considered public records.
5. The City will consider all proposals using such criteria as the Commission may
adopt at its sole discretion. The attorney or law firm selected will be required to enter
into a formal agreement with the City, prior to the execution of which the City shall
reserve all rights, including the right to change its selection.
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RFP #CA04 -06 -14
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The City of South Miami, Florida is seeking proposals from qualified attorneys and law
firms to act as City Attorney.
Proposals must be submitted to Maria M. Menendez, City Clerk, City of South Miami,
6130 Sunset Drive, South Miami, Fl., 33143 no later than 3:00 p.m. on Wednesday,
July 14", 2004.
"RFP # CA04-06-14 - CITY ATTORNEY"
Copies of this Proposal Document may be obtained by calling 305-663-6340 or can be
downloaded from our Website: www.cityofsoutl-imi.aini.net. All proposals must conform
to the instructions in the RFP. The opening of the proposals win be at 3:05 p.m. on
Wednesday, July 14th, 2004, by the City Clerk, in chambers at 6130 Sunset Drive, South
Miami, Florida. The City Clerk then shall announce all the names of all persons that
submitted proposals and time of opening the sealed proposal. At a reasonable time
thereafter the proposals shall be available for inspection.
The City of South Miami reserves the right to reject any and all proposals, with or
without cause; to waive any or all irregularities with regard to the specifications and to
make the award to the firm offering the greatest advantage to the City.
Maria M. Menendez
City Clerk