2019-10-01 RFP/RFQ examples REQUEST FOR QUALIFICATIONS
LEGAL SERVICES FOR CITY COUNCIL
CITY OF OKEECHOBEE, FLORIDA
1. The City of Okeechobee, Florida, whose city hall is located at 55 S.E 3rd Avenue,
Okeechobee, Florida 34972, is requesting “Statements of Qualifications” (RFQ” for
the position of City attorney. This is maybe a CONTRACTURAL PART TIME position or
CONTRACTUAL CONTRACT to be awarded, as explained below.
2. Questions regarding a response to this RFQ must be in writing, either by e-mail to
Lane Gamiotea, City clerk at LGamiotea@cityofokeechobee.com, or by FAX to
(863)763-1686, no later than Wednesday, November 13, 2019.
The city will respond, in writing, to all who submit an application.
3. Statement of Qualifications shall be delivered in person, or by mail to:
LANE GAMIOTEA City Clerk 55 S.E. 3rd Avenue, Okeechobee, Florida 34972, by 1:00
p.m. on Wednesday, November 27, 2019. Submittals shall consist of seven (7)
complete, signed original sets. The firm’s or attorneys name and address must be on
the outside of a sealed manila envelope. The envelopes must be clearly marked
“City Attorney/Legal Services”.
4. After the closing date, the firm, attorney or attorneys statements of qualifications
will be opened for the sole purpose of recording the names and time received of the
submittal, and to deliver all timely received statements to the city council.
5. The city council may select any number of firms or attorneys to interview, or decide
not to conduct interviews. The interviews will be scheduled for Tuesday, December
17, 2019 at the regularly scheduled public hearing and city council meeting.
Following the interviews, if any are held, the city council will select three (3) firms or
attorneys for consideration, and publicly poll each city council member in order to
gain a consensus of the top selection for the position. That selection will then be
interviewed to negotiate the terms of employment. If that selection and the city
council cannot come to terms on the employment, the firm or attorney selected as
the second most preferred will be interviewed to negotiate, and so on. The city of
Okeechobee shall be the sole judge of its own best interests, of the submittals and
resulting employment agreement.
6. Any firm or attorney requiring special accommodations due to disability or physical
impairment of any kind, shall contact the City Clerk at least 3 days prior to any
meeting.
7. Any statement of qualifications received after the specified time and date will NOT
Be considered; additionally any statement of qualifications submitted orally,
telephonically, emailed, faxed shall not be accepted. The city cautions the applicants
to follow up and ensure actual delivery of mailed or hand delivered proposals prior
to the deadline for receiving proposals.
8. The city of Okeechobee reserves the right to waive minor, nonmaterial irregularities
in any or all statements of qualifications and accept or reject in part or in full, any or
all statements of qualifications in its sole discretion.
9. As required by F.S. 287.133, a firm or attorney may not submit a statement of
qualifications if the attorney or firm is on the convicted vendor list for a public entity
crime committed within the previous 36 months. The selected firm or attorney must
warrant that it will neither utilize the services of, or contract with any supplier,
subcontractor or consultant in excess of $10,000.00 in connection with this
endeavor for a period of 36 months from the date of their being on the convicted
vendor list.
10. All respondents to this RFQ are asked to be thorough, yet concise, in their
responses. All respondents are advised that under F.S. ch. 119 all responses are
deemed public records and open to public scrutiny.
11. SCOPE OF WORK
The selected firm/attorney shall provide legal advice, analysis, and representation to
the Mayor and city council, city staff and other town personnel upon request. The
city attorney reports directly to the city council and serves at their pleasure. The city
attorney shall be considered to represent the interests of the city of Okeechobee as
a whole, and is not an attorney for individual council members. The city attorney
will provide services which include, but are not limited to, the following:
a. Oversee and direct the implementation of internal legal activities and
operations, which include planning, coordinating, administering and evaluating
projects, processes, procedure and standards; ensure compliance with Federal,
State and local laws, regulations, codes, and/or standards.
b. Research and interpret the law using statutes, case law, AG opinions, ordinances
and administrative regulations; provide legal advice to the city, staff,
department heads, general services, finance, and city clerk as requested.
Currently, the city attorney position does not include legal work for the pension
boards or workman’s compensation issues, other than to monitor the work of
other individuals who perform that work. The city reserves the right to alter that
position in its discretion.
c. Prepare and review proposed legislation, ordinances, resolutions, contracts,
deeds, leases, and other legal issues requested by the Mayor, city council, city
clerk, city administrator or department heads.
d. Investigate complaints by or against the city, prepare litigation for trial,
represent the city in litigation, including administrative hearings, arbitration or
mediation, and civil litigation before county and circuit courts. Currently Federal
litigation is referred to outside counsel, although the city reserves the right to
alter the procedure.
e. Make informed decisions to bring regulatory, administrative, and litigation
matters, including code violation foreclosures to and expeditious and cost-
effective conclusion.
f. Prepare, review, interpret and analyze a variety of information, data and
reports; make recommendations based upon this evaluation.
g. Prepare cost estimates for annual budget recommendations, monitor and
control outside legal counsel expenditures.
h. Coordinate, monitor and report to the city council on the representation of the
city by special outside counsel retained by the city council
i. Attend city council meetings the 1st and 3rd Tuesday of each month; code
enforcement hearings on the 2nd Tuesday of each month; planning and zoning
meetings on the 3rd Thursday of each month as scheduled; plus an emergency
or specially set meeting or workshop; or as otherwise directed by the city
council.
12. TRAINING AND EXPERIENCE REQUIREMENTS.
The city attorney must meet the following minimum training and experience
requirements:
a. Be a member of good standing with the Florida Bar.
b. Have responsible experience in practicing law as a member of the Bar, as well as
litigation of civil disputes.
c. Having experience in practicing law in the public sector, including litigation,
ordinance and resolution drafting, and advising boards and/or constitutional
officers. Preference may be given to firms or attorneys who have a minimum of
3-years experience as legal counsel for a municipality or county.
d. Board certification by the Florida Bar in City, County and Local government law
is preferred.
13. STATEMENT OF QUALIFICATIONS FORMAT.
Firms or attorneys shall prepare their proposals using the following format and
provide the following:
a. Title page identifying the documents as a reply to the RFQ.
b. A letter of transmittal to summarize in a brief and concise manner the proposals
understanding of the scope of work and make a positive commitment to timely
perform the scope of work. The letter should not exceed 2 pages in length.
c. Provide qualifications and experience of those providing services, which must
include the details on the qualifications of key individuals who will be
performing the work, including education, experience and specialized
knowledge and experience in similar work.
d. Provide details including documentation of experience with similar work during
the past ten years; include firm size, structure, location, management and
licenses to do business in the state of Florida. Provide information on
professional qualifications to provide the services requested and include any
ratings and/or recognition in the legal community for professional achievement.
e. Identify and include qualifications and resumes of specific persons who will be
providing legal services to the city, including any substitute attorney who will
appear at the city council, code board, or planning/zoning meeting if the
primary attorney is unable to attend.
f. Identify the location and availability of staff to provide services, including any
paralegals, and the depth of the firm or attorneys ability to provide
comprehensive services.
14. FEE PROPOSALS.
The firm or attorney shall submit a proposal for compensation which should include
but is not limited to an hourly rate option, or monthly flat fee, or a combination of
both, with the following information.
a. Provide breakdown of the hourly rates for the city attorney, a substitute
attorney, senior attorneys, and all other attorneys, paralegals or staff member
anticipated to provide work to the city of Okeechobee.
b. Proposed monthly fee options.
c. Hourly rates for litigation, preparation, paralegal or staff assistance.
d. The rates for reimbursable and or out of pocket expenses including word
processing, photocopying, faxing, mailings etc. Travel costs and per diem are not
reimbursable to and from meetings or other travel necessary to the city, except
for out of town meetings or conferences.
15. PART TIME NATURE OF EMPLOYMENT.
The extent of time typically experienced for this position is variable, and largely
dependent upon the work that may be requested of the attorney by the city. The
city does not require a minimum amount of time, but it must be such time as
reasonably necessary in order to perform the scope of services. The city reserves
the right to direct as much, or little, attorney time as the city council deems
necessary to properly serve the city. The expected contact and authorized hours of
work are within the discretion of the city council, with general guideline as follows:
a. The city attorney should be physically at city hall and available to city staff a
minimum of two days per week, with Tuesdays and Thursdays suggested, as
those are the days each month of most city meetings.
b. The city attorney, or paralegal, or staff should be available by telephone, email,
or by fax at all reasonable hours during the week.
c. The contract of employment of the city attorney may further define the
expected time the city attorney will be authorized to expend, but no minimum
number of hours or amount of work will be guaranteed.
16. OTHER INFORMATION REQUIRED.
a. List all judgments or lawsuits in which the firm or attorney have been
involved in within the past five years, including the nature of the lawsuit and
the resolution thereof.
b. List any clients you currently represent that could cause a conflict of interest
with your responsibilities to the city of Okeechobee, and whether any
clients could cause a recurring conflict of interest. Describe how you would
be willing or able to resolve these or any future conflicts of interest.
c. Provide a copy of a current member in good standing from the Florida Bar,
and any other business license you may possess.
d. List at least 3 references showing knowledge of your experience, quality of
work, including addresses, email address, and phone numbers for each.
e. List any public sector clients for the previous 5 years.
f. Copies of billing invoices to any public sector client for the previous 12
months that would be considered public records.
g. A statement of assurance that the firm or attorney is not currently in
violation of any statutes, regulatory rules, or subject to ethics complaints
that might have an impact of the firm or attorneys abilities to provide
continuous service.
17. BENEFITS.
The city attorney will be provided certain benefits by the city, which may be
amended from time to time in the discretion of the city. The nature of benefits are
as follows:
a. The city attorney / law firm is a contractual relationship, and is not
considered an employee, but an independent contractor.
b. The city attorney will not be included in the FRS retirement/pension plan
within the city.
c. The city attorney, if selected over a firm, will be provided, at no cost, health
insurance, if requested on the plan approved annually by the city.
d. The legal counsel budget in the city does include funds for professional
conferences, travel, lodging and per diem as approved, such as the League
of Cities annual Florida FMAA conference and other CLE presentations if
done so representing on the behalf of the city.
18. INSURANCE.
a. Describe liability or malpractice coverage in effect. Indicate your ability to
hold the city harmless, indemnify and defend the city in the event of liability
claims from alleged professional negligence.
b. Provide evidence of workman’s compensation coverage if applicable.
c. Provide a certificate of professional malpractice and general liability
coverage with limits of a minimum of $2 million dollars, or if not in effect
currently, the ability to obtain such coverage upon employment with the
city.
19. FORMS.
As part of the application, you will be required to execute the following forms:
a. Sworn statement under ch. 287.133(3)(n) regarding public entity crimes.
b. Conflict of interest statement.
c. Dispute disclosure form.
d. Drug free workplace acknowledgement.
e. Non collusion affidavit.
f. Public records acknowldgement
Oaf. 1, Z / 9
mei nj
Subject: Agreement for attorney services
I have made some notes, I think some can be modified and/or removed
Also can we ask for $$ in the RFQ? or just base rates ok?
Would we need to have an RFP as well? I think so with the rates added to each, unless attorneys have a
CCNA policy like engineers.
The highlighted were the major points we need to discuss. If at all possible I want to more clearly define
"firm" and "individual"
I did try to add "or firm" in a couple places.
Marcos
Marcos Montes De Oca, P.E.
City Administrator
City of Okeechobee
55 SE 3rd Avenue
Okeechobee, FL 34974
(863) 763-3372 ext. 9812
Cell: (863) 801-0177
fax: (863) 763-1686
E -Mail: marcos@citvofokeechobee.com
"NOTICE: Florida has a very broad public records law. As a result, any written communication created or received by the City of
Okeechobee officials and employees will be available to the public and media, upon request, unless otherwise exempt. Under
Florida law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public
records request, do not send electronic mail to this office. Instead, contact our office by phone or in writing."
REQUEST FOR QUALIFICATIONS
LEGAL SERVICES FOR CITY COUNCIL
CITY OF OKEECHOBEE, FLORIDA
1. The City of Okeechobee, Florida, whose city hall is located at 55 S.E 3`d Avenue,
Okeechobee, Florida 34972, is requesting "Statements of Qualifications" (RFQ" for
the position of City attorney. This is maybe a CONTRACTURAL PART TIME position or
CONTRACTUAL CONTRACT to be awarded, as explained below.
2. Questions regarding a response to this RFQ must be in writing, either by e-mail to
Lane Gamiotea, City clerk at LGamiotea@cityofokeechobee.corr, or by FAX to
(863)763-1686, no later than Wednesday, November 13, 2019.
The city will respond, in writing, to all who submit an application.
3. Statement of Qualifications shall be delivered in person, or by mail to:
LANE GAMIOTEA City Clerk 55 S.E. 3rd Avenue, Okeechobee, Florida 34972, by 1:00
p.m. on Wednesday, November27, 2019. Submittals shall consist of seven (7)
complete, signed original sets. The firm's or attorneys name and address must be on
the outside of a sealed manila envelope. The envelopes must be clearly marked
"City Attorney/Legal Services".
4. After the closing date, the firm, attorney or attorneys statements of qualifications
will be opened for the sole purpose of recording the names and time received of the
submittal, and to deliver all timely received statements to the city council.
5. The city council may select any number of firms or attorneys to interview, or decide
not to conduct interviews. The interviews will be scheduled for Tuesday, December
17, 2019 at the regularly scheduled public hearing and city council meeting.
Following the interviews, if any are held, the city council will select three (3) firms or
attorneys for consideration, and publicly poll each city council member in order to
gain a consensus of the top selection for the position. That selection will then be
interviewed to negotiate the terms of employment. If that selection and the city
council cannot come to terms on the employment, the firm or attorney selected as
the second most preferred will be interviewed to negotiate, and so on. The city of
Okeechobee shall be the sole judge of its own best interests, of the submittals and
resulting employment agreement.
6. Any firm or attorney requiring special accommodations due to disability or physical
impairment of any kind, shall contact the City Clerk at least 3 days prior to any
meeting.
7. Any statement of qualifications received after the specified time and date will NOT
Be considered; additionally any statement of qualifications submitted orally,
telephonically, emailed, faxed shall not be accepted. The city cautions the applicants
to follow up and ensure actual delivery of mailed or hand delivered proposals prior
to the deadline for receiving proposals.
8. The city of Okeechobee reserves the right to waive minor, nonmaterial irregularities
in any or all statements of qualifications and accept or reject in part or in full, any or
all statements of qualifications in its sole discretion.
9. As required by F.S. 287.133, a firm or attorney may not submit a statement of
qualifications if the attorney or firm is on the convicted vendor list for a public entity
w 7
crime committed within the previous 36 months. The selected firm or attorney must
warrant that it will neither utilize the services of, or contract with any supplier,
subcontractor or consultant in excess of $10,000.00 in connection with this
endeavor for a period of 36 months from the date of their being on the convicted
vendor list.
10. All respondents to this RFQ are asked to be thorough, yet concise, in their
responses. All respondents are advised that under F.S. ch. 119 all responses are
deemed public records and open to public scrutiny.
11. SCOPE OF WORK
The selected firm/attorney shall provide legal advice, analysis, and representation to
the Mayor and city council, city staff and otheraown;personnel upon request. The CrAy
city attorney reports directly to the city council and serves at their pleasure. The city
attorney shall be considered to represent the interests of the city of Okeechobee as pl{u �e�
a whole, and is not an attorney for individual council members. The city attorney
will provide services which include, but are not limited to, the following:
a. Oversee and direct the implementation of internal legal activities and
operations, which include planning, coordinating, administering and evaluating
projects, processes, procedure and standards; ensure compliance with Federal,
State and local laws, regulations, codes, and/or standards.
b. Research and interpret the law using statutes, case law, AG opinions, ordinances
and administrative regulations; provide legal advice to the city, staff,
department heads, general services, finance, and city clerk as requested.
Currently, the city attorney position does not include legal work for the pension
boards or workman's compensation issues, other than to monitor the work of
other individuals who perform that work. The city reserves the right to alter that
position in its discretion.
c. Prepare and review proposed legislation, ordinances, resolutions, contracts,
deeds, leases, and other legal issues requested by the Mayor, city council, city
clerk, city administrator or department heads.
d. Investigate complaints by or against the city, prepare litigation for trial,
represent the city in litigation, including administrative hearings, arbitration or
mediation, and civil litigation before county and circuit courts. Currently Federal
litigation is referred to outside counsel, although the city reserves the right to
alter the procedure.
e. Make informed decisions to bring regulatory, administrative, and litigation
matters, including code violation foreclosures to and expeditious and cost-
effective conclusion.
f. Prepare, review, interpret and analyze a variety of information, data and
reports; make recommendations based upon this evaluation.
g. Prepare cost estimates for annual budget recommendations, monitor and
control outside legal counsel expenditures.
h. Coordinate, monitor and report to the city council on the representation of the
city by special outside counsel retained by the city council
i. Attend city council meetings the 1st and 3rd Tuesday of each month; code
enforcement hearings on the 2"d Tuesday of each month; planning and zoning
meetings on the 3' Thursday of each month as scheduled; plus an emergency
or specially set meeting or workshop; or as otherwise directed by the city
council.
12. TRAINING AND EXPERIENCE REQUIREMENTS.
The city attorney must meet the following minimum training and experience
requirements:
a. Be a member of good standing with the Florida Bar.
b. Have responsible experience in practicing law as a member of the Bar, as well as
litigation of civil disputes.
c. Having experience in practicing law in the public sector, including litigation,
ordinance and resolution drafting, and advising boards and/or constitutional
officers. Preference may be given to firms or attorneys who have a minimum of
3 -years experience as legal counsel for a municipality or county.
d. Board certification by the Florida Bar in City, County and Local government law
is preferred.
13. STATEMENT OF QUALIFICATIONS FORMAT.
Firms or attorneys shall prepare their proposals using the following format and
provide the following:
a. Title page identifying the documents as a reply to the RFQ.
b. A letter of transmittal to summarize in a brief and concise manner the proposals
understanding of the scope of work and make a positive commitment to timely
perform the scope of work. The letter should not exceed 2 pages in length.
c. Provide qualifications and experience of those providing services, which must
include the details on the qualifications of key individuals who will be
performing the work, including education, experience and specialized
knowledge and experience in similar work.
d. Provide details including documentation of experience with similar work during
the past ten years; include firm size, structure, location, management and
licenses to do business in the state of Florida. Provide information on
professional qualifications to provide the services requested and include any
ratings and/or recognition in the legal community for professional achievement.
e. Identify and include qualifications and resumes of specific persons who will be
providing legal services to the city, including any substitute attorney who will
appear at the city council, code board, or planning/zoning meeting if the
primary attorney is unable to attend.
f. Identify the location and availability of staff to provide services, including any
paralegals, and the depth of the firm or attorneys ability to provide
comprehensive services.
14. FEE PROPOSALS.
The firm or attorney shall submit a proposal for compensation which should include
but is not limited to an hourly rate option, or monthly flat fee, or a combination of
both, with the following information.
a. Provide breakdown of the hourly rates for the city attorney, a substitute
attorney, senior attorneys, and all other attorneys, paralegals or staff member
anticipated to provide work to the city of Okeechobee.
b. Proposed monthly fee options.
c. Hourly rates for litigation, preparation, paralegal or staff assistance.
d. The rates for reimbursable and or out of pocket expenses including word
processing, photocopying, faxing, mailings etc. Travel costs and per diem are not
reimbursable to and from meetings or other travel necessary to the city, except e
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for out of town meetings pr.conferences. 1314'
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15. PART TIME NATURE OF EMPLOYMENT. D��
The extent of time typically experienced for this position is variable, and largely
dependent upon the work that may be requested of the attorney by the city. The
city does not require a minimum amount of time, but it must be such time as
reasonably necessary in order to perform the scope of services. The city reserves
the right to direct as much, or little, attorney time as the city council deems
necessary to properly serve the city. The expected contact and authorized hours of
work are within the discretion of the city council, with general guideline as follows:
a. The city attorney should be physically at city hall and available to city staff a
minimum of two days per week, with Tuesdays and Thursdays suggested, as
those are the days each month of most city meetings.
b. The city attorney, or paralegal, or staff should be available by telephone, email,
or by fax at all reasonable hours during the week.
c. The contract of employment of the city attorney may further define the
expected time the city attorney will be authorized to expend, but no minimum
number of hours or amount of work will be guaranteed.
16. OTHER INFORMATION REQUIRED.
a. List all judgments or lawsuits in which the firm or attorney have been
involved in within the past five years, including the nature of the lawsuit and
the resolution thereof.
b. List any clients you currently represent that could cause a conflict of interest
with your responsibilities to the city of Okeechobee, and whether any
clients could cause a recurring conflict of interest. Describe how you would
be willing or able to resolve these or any future conflicts of interest.
c. Provide a copy of a current member in good standing from the Florida Bar,
and any other business license you may possess.
d. List at least 3 references showing knowledge of your experience, quality of
work, including addresses, email address, and phone numbers for each.
e. List any public sector clients for the previous 5 years.
f. Copies of billing invoices to any public sector client for the previous 12
months that would be considered public records.
g. A statement of assurance that the firm or attorney is not currently in
violation of any statutes, regulatory rules, or subject to ethics complaints
that might have an impact of the firm or attorneys abilities to provide
continuous service.
IX
m
17. BENEFITS. 84
The city attorney will be provided certain benefits by the city, which may be 13
amended from time to time in the discretion of the city. The nature of benefits are
vvk
as follows:
a. The city attorney / law firm is a contractual relationship, and is not
considered an employee, but an independent contractor.
b. The city attorney will not be included in the FRS retirement/pension plan
within the city.
c. The city attorney, if selected over a firm, will be provided, at no cost, health
insurance, if requested on the plan approved annually by the city.
d. The legal counsel budget in the city does include funds for professional
conferences, travel, lodging and per diem as approved, such as the League
of Cities annual Florida FMAA conference and other CLE presentations if
done so representing on the behalf of the city.
18. INSURANCE.
a. Describe liability or malpractice coverage in effect. Indicate your ability to
hold the city harmless, indemnify and defend the city in the event of liability
claims from alleged professional negligence.
b. Provide evidence of workman's compensation coverage if applicable.
c. Provide a certificate of professional malpractice and general liability
coverage with limits of a minimum of $2 million dollars, or if not in effect
currently, the ability to obtain such coverage upon employment with the
city.
19. FORMS.
As part of the application, you will be required to execute the following forms:
a. Sworn statement under ch. 287.133(3)(n) regarding public entity crimes.
b. Conflict of interest statement.
c. Dispute disclosure form.
d. Drug free workplace acknowledgement.
e. Non collusion affidavit.
f. Public records acknowldgement