RFQ-2025-04_City_Attorney_Services.pdf

Page 1 of 14 Company Name_________________________________

City of Milton P.O. Box 909, MILTON, FL 32572

Phone: (850) 983-5480

M E M O R A N D U M

TO: Interested Parties FROM: Michele Williams, Purchasing Officer RE: RFQ 2025.04 City Attorney Services DATE: February 20, 2025 Notice is hereby given that the City of Milton will receive sealed bids RFQ 2025.04 City Attorney Services. The documents contain the necessary information for preparing and submitting your bid for this effort.

Information is available on the City’s web page at https://MiltonFL.org/322/Purchasing. There you may also register thru BidNetDirect.com/florida/city-of-milton (there is no charge to join); and/or thru DemandStar.com (there is no charge to join); and/or Office of Supplier Diversity.

All must review the Scope of Services and Project Description as described in this document to ensure their ability to perform as indicated.

The deadline for submitting your sealed bid/proposal is:

Monday, March 24, 2025 at 2:00 p.m., (CST) Delivered: City of Milton, 6738 Dixon Street, Milton, Florida, 32570

Questions should be submitted in writing and directed to the Purchasing Department at (850) 983- 5480; or by e-mail to mwilliams@miltonfl.org by Thursday March 13, 2025, at 2:00 p.m. Answers will be posted by Monday, March 24, 2024, at 2:00 p.m. (CST)

Interpretations, clarification of specifications, and requirements or changes to the documents which have a material effect will be documented and communicated only by written addendum posted on the City web page, Vendor Registry, Bid Net Direct, and DemandStar. All are responsible for checking for any addendums that may be issued, and to obtain such addendums.

Michele Williams Michele Williams, Purchasing Officer https://miltonfl.org/322/Purchasing file:///C:/Users/espears/AppData/Local/Microsoft/Windows/INetCache/Content.Outlook/AMVX10HC/www.bidnetdirect.com/florida https://network.demandstar.com/ https://www.dms.myflorida.com/agency_administration/office_of_supplier_diversity_osd mailto:mwilliams@miltonfl.org

Page 2 of 14 Company Name_________________________________

INSTRUCTIONS

RFQ 2025.04 City Attorney Services

I. Deadlines/Dates:

▪ Invitation to Bid Published: Thursday, February 20, 2025

▪ Questions Deadline: Thursday, March 13, 2025 @ 2:00 p.m. (CST)

▪ Answers Posted by: Monday, March 17, 2025 @ 2:00 p.m. (CST)

▪ Bids Due: Monday, March 24, 2025 @ 2:00 p.m. (CST)

II. Contact Information:

Contact: Michele Williams, Purchasing Officer Phone: (850) 983-5480 Email: mwilliams@miltonfl.org

III. Bids Must be Complete and Include:

1. Bidder’s/Proposer’s Declaration (page 3-4)

2. Bid Form (page 5-6)

3. Public Entity Crime Form F.S. 287.133(3)(A) (City Website)

4. Drug-Free Workplace Form F.S. 287.087 (City Website)

5. Non-Collusion Affidavit (City Website)

6. Conflict of Interest Disclosure Form (City Website)

7. E-Verify Statement of Compliance (City Website)

8. Certificate Regarding Debarment (For Grants- City Website)

City Website address: https://MiltonFL.org/322/Purchasing

IV. Copies: Please provide one (1) electronic copy, one (1) original, and ten (10) copies of your bid/proposal.

V. Faxed or emailed submittals are not accepted.

Submittals can be delivered to:

City of Milton Purchasing Department 6738 Dixon Street Milton, FL 32570

Submittals must be sealed and marked:

To: CITY OF MILTON

VENDOR Name: ____________________________

SEALED BID * DO NOT OPEN

Sealed RFQ# 2025.04

DUE DATE/TIME: March 24, 2025 / 2:00 p.m. (CST) https://miltonfl.org/322/Purchasing

Page 3 of 14 Company Name_________________________________

PURPOSE, SCOPE OF WORK AND QUALIFICATIONS

A. PURPOSE: The purpose of this Request for Qualifications (RFQ) is to provide the City with a way to determine the best qualified Attorney(s), firm(s) or corporation(s) which, in the City's opinion, is best suited to undertake the performance of legal services required by the City of Milton. Factors such as capability, experience and the ability to work within established time and budget constraints will be used in the selection process.

Currently, the City of Milton is requesting submittals from qualified individuals, firms and corporations capable of providing fully certified attorney services with specific experience in Municipal Law.

B. AGENCY OVERVIEW: The City of Milton, Florida (population estimation 10,957), is a diverse community located within Santa Rosa County in Northwest Florida, encompassing approximately 5.5 square miles. The city is committed to growth for the business community, while focusing on education, the arts, tourism and sustainability for a viable future for posterity and quality of life for residents. Incorporated in 1844, the city strives to preserve its rich heritage and culture by protecting historic landmarks and structures.

The City of Milton is governed by a 9-member City Council and Mayor, operating under the council/manager form of government and has approximately 166 full time employees. The council and mayor are elected by the city at-large and serve a staggered 4 year terms. The city council is responsible for passing city ordinances, resolutions, adopting an annual budget, appointing committees and setting policy, etc.

The city provides a wide range of governmental services and utilities, including fire and police services, parks and recreation, sanitation, water, sewer, natural gas, planning, building, zoning, code enforcement and community development.

C. GENERAL INSTRUCTIONS

Responses must include complete information as described in this request. One (1) electronic copy, one (1) printed original, and ten (10) copies shall be submitted by 2:00 p.m. on Monday, March 24, 2025, to:

City of Milton ATTN: Purchasing Department 6738 Dixon Street Milton, FL 32570

Faxed or emailed submittals are not accepted

Page 4 of 14 Company Name_________________________________

D. To ensure fairness and uniformity, firms submitting responses are requested to not contact City staff or the City Council. Questions about this RFP may be sent by e-mail to mwilliams@miltonfl.org prior to the submission deadline.

E. The City will not reimburse any expenses incurred by the firm submitting responses including, but not limited to, expenses associated with the preparation and submission of the response and attendance at interviews.

F. The City reserves the right to reject any and all proposals, and/or to request additional information from any and all Proposers.

G. PROPOSAL SUBMITTAL CONTENT FORMAT:

1. Firm Background: Brief history of firm

2. Number of attorneys, including number of partners and associates and areas of specialty

3. Support personnel: number and expertise

4. Office organization and support capabilities

5. Office location(s)

6. Current use of technology, especially capability for computerized legal research and for sharing and editing documents electronically.

7. Statement of any malpractice claims and/or ethics complaints taken against your firm or firm’s attorney(s) over the last five years and the status or outcomes of such action. Indicate whether any action is pending or is currently under review by the State Ethics Board

8. Describe malpractice insurance coverage: carrier, limits, and exemptions

H. ATTORNEY QUALIFICATIONS:

1. The attorney shall be a member in good standing with The Florida Bar.

2. There shall be no pending investigations by The Florida Bar regarding the applicant.

3. There shall be no Public Reprimands, Suspensions, or Disbarments regarding the applicant by The Florida Bar or any jurisdiction.

4. Identify the specific attorney who will serve as the lead attorney and provide the following information (NOTE: The following information is to be provided if available; it is not required to be considered):

a. Academic training and degrees

b. Martindale-Hubble Rating

c. Martindale-Hubble Ethics Rating

d. Description of background and experience e Description of prior municipal experience including cities served in a similar capacity

Page 5 of 14 Company Name_________________________________

f. List of litigation in communities where designated attorney served as lead attorney and outcomes of litigation

5. Identify the attorney who will serve in the lead attorney’s absence and provide information as requested in No. 4 above.

6. Identify other attorneys and support staff who will supply services for which the City will be charged.

7. Indicate current responsibilities of person designated to serve as lead attorney.

8. List of cities you currently represent and for what type of service.

9. List of cities you began representing in the last three years and cities you stopped representing in the last three years.

10. Names, telephone numbers, and contact person of at least five (5) client references, at least two (2) of which shall be cities.

11. Description of the firm’s view of their responsibilities to the City in the provision of legal services.

12. Copy of Malpractice/liability Insurance Certificate in a minimum amount of $1,000,000.

I. CONFLICT OF INSTREST:

1. Indicate whether designated lead attorneys or the law firm represent, or have represented, any client whose representation may conflict with your ability to provide legal services to the City.

2. Indicate whether designated lead attorneys or the law firm currently represent any real estate developers. If so, please identify those companies or persons in detail and provide a percentage breakdown of how much this work represents of your firm’s total billings.

3. Indicate whether designated lead attorneys or the law firm currently represents any other local units of government having jurisdiction within, or contiguous to, the City of Milton.

4. Identify what procedures your firm utilizes to identify and resolve conflicts of interest.

J. FEES:

1. Firms desiring to be considered for City Attorney services shall indicate the hourly rate for City Attorney and other attorneys and support staff that may be working on City business.

2. Firms shall indicate all other costs and reimbursable(s) including meeting attendance, travel (per mile), telephone, printing, photocopying, etc.

3. Firms shall indicate the minimum increment of time billed for each service including phone calls, correspondence and personal conferences.

Page 6 of 14 Company Name_________________________________

K. CITY ATTORNEY SERVICES REQUIREMENTS (primary responsibilities):

1. LICENSING REQUIREMENTS: In order to be considered a responsible and responsive Bidder for the Scope of Work set forth in these bid documents, all Bidders shall be licensed attorneys in good standing with the Florida Bar.

2. EXPERIENCE REQUIREMENTS: The Proposer must have experience and demonstrate the following:

a. Immediately preceding the time of appointment, shall possess a minimum of (3) three years’ experience practicing law in the courts of The State of Florida, of which a minimum of (3) years consist of practice in the area of municipal government

b. Experience providing legal service to local governments in the following areas: agendas, codes, ordinances, agreements, resolutions, ethics & public records, general municipal law, etc.

c. Experience representing municipal government operations as well as coordinating and managing the work of other law firms brought in for areas of specialized expertise

3. References: At a minimum, Proposers must provide at least five (5) references of business clients and/or governmental agencies to which it has provided said services. If available, such references should be representatives of Florida jurisdictions to which the Proposer is currently providing, or has provided, services within the last five (5) years. Only one reference may be used for legal services rendered to the City of Milton.

(Remainder of this page intentionally left blank)

Page 7 of 14 Company Name_________________________________

SCOPE OF SERVICES

The Proposer will be required to provide City Attorney services to the City of Milton.

Responsibilities include, but are not limited to:

1. Attend City Council meetings and other meetings as requested by the City Council or City/Treasurer

2. Draft and/or review ordinances, resolutions, and correspondence, as requested

3. Possess knowledge of zoning and other property matters

4. Advise the Mayor, Council Members, and City Clerk/Treasurer on city legal matters

5. Prepare and/or review municipal contracts, such as contracts for public improvements, joint powers of agreements, construction, and purchase

6. Providing legal advice to the City, its Officials, Officers, Agencies, Boards, Committees, Departments and department employees. Advice should be provided according to local government law and procedures

7. Performance of professional duties and functions as may be required by ordinance or resolution of the City Council

8. Provide advice for all aspects of Municipal Law and Litigation, including but not limited to, General Municipal Law, Labor Law, general state and federal laws relating to City Government, Public Disclosure issues, laws against Discrimination, Ordinance and Resolution Development and Interpretation, Housing Subdivision and Land Use Law, Economic Development activities including Development, Redevelopment, Enforcement, and Property/Real Estate Law, Contract Law, Environmental Law, and Franchise Law, Municipal Leases, Purchasing and Procurement, Trial activity, and Tort Law

9. Staying abreast of new and proposed state and federal legislations affecting the City

10. Institute and/or cause to be prosecuted all E minent D omain proceedings and other civil suits, actions and legal proceedings authorized by the City Council

11. Prosecute and defend, for and on behalf of the City, against any and all complaints, suits and controversies in which the City is a Party, before any court or legally-constituted tribunal

Page 8 of 14 Company Name_________________________________

12. Be the Attorney of Record, or be responsible for the oversight of the Attorney of Record, in all civil suits, actions and legal proceedings wherein the City Council, Departments, Boards, City Officials or employees are parties by virtue of their official positions or actions unless such suits, actions or legal proceedings are assigned by the City Council to Special Counsel

13. Prepare, review, and approve (as to form and legal sufficiency) all City Ordinances, Resolutions, Deeds, Contract Documents, and other legal instruments affecting or pertaining to the City or in which the City is a Party

14. Review Requests for Proposals, Bid Invitation Documents, Development Review Applications, Agenda items, and other pertinent matters as directed using the City’s processes and procedures

15. Attend and maintain presence during all regular meetings, workshops and special meetings of the City Council. When requested by the City Council, attend meetings of Special Committees of the City Council and meetings of City Boards

16. Monitor the performance of any duties assigned to Special Counsel

17. Assist and advise on the collection of delinquent taxes and/or other delinquent revenues

18. Address and advise the City on utility taxes and Utility Franchise Agreements

19. Work cooperatively with any Special Counsel retained by the City for special projects.

Coordinate with other Special Counsel as necessary to assure proper management of legal issues, proper coordination and transition of legal information among Special Counsels

20. Prepare and review Ordinances and Resolutions for legal correctness and acceptability

21. Prepare and review contracts, leases and other documents for legal correctness and acceptability

22. Maintain Auditable Records. The selected Attorney or firm shall maintain auditable records to account for all receipts and expenditures, and to document compliance with the specifications. These records shall be kept in accordance with Generally Accepted Accounting Principles, and the City reserves the right to determine record-keeping methods in the event of non-conformity

NOTE: SERVICES CONTAINED WITHIN THE SCOPE OF WORK WILL BE PROVIDED PURSUANT TO A

CONTRACT BEING ISSUED TO THE SUCCESSFUL PROPOSER.

Page 9 of 14 Company Name_________________________________

REVIEW & RANKING OF PROPOSALS:

1. Only those proposals fulfilling all the requirements outlined in this solicitation will be considered.

2. The Bid Committee will evaluate each submittal received and recommend the best proposal to the City Council for award of contract. The Bid Committee will evaluate the submittals from the submission and may ask questions of a clarifying nature, if necessary.

3. The submittal will be considered the final submission, and remain binding for ninety (90) calendar days.

4. The successful respondent will enter into a service contract with the City of Milton. This submittal shall be included and incorporated in the final contract. When applicable, a contract may be renewed contingent cost factors, mutual agreement, satisfactory performance evaluations, availability of funds and the approval of the City Council of Milton. The City of Milton performance and obligation to pay for the purchase of services of excess of one (1) fiscal year under any contractual relationship is contingent upon an annual budget appropriation approved by the Milton City Council.

5. The City reserves the right to reject any and all proposals, to waive minor defects in the process and to accept the proposal deemed by the City to be in the City's best interest. All issues addressed in the Request for Qualifications will be given consideration in determining the successful proposer.

6. If proposers are required to enter onto City of Milton property to deliver materials or perform work or services, as a result of RFQ award, the successful proposer shall assume full duty, obligation and expense of obtaining all necessary licenses, permits, inspections and insurance, as required.

7. The proposer, if selected for inclusion on a short list, may be required to make a brief (5 to 10 minute) oral presentation to the Review Committee. The proposer should be prepared to discuss, at a minimum, the following issues during the presentation/interview.

a. The firm's qualifications, including the qualifications/abilities of professional, in-house personnel (Primary contact person should be identified as part of this requirement)

b. Approach/methods to be employed

c. The firm's ability to furnish services within required or necessary time constraints and/or budget constraints

Page 10 of 14 Company Name_________________________________

d. A demonstrated understanding of municipal requirements as they related to the financial and management operations of a local government

e. Related issues as may be posed by the Council or Senior Staff.

Offerors which are selected to make presentations will be notified in advance of the presentation date. At the end of the presentation (interview) process, the review committee shall rank, in order of preference, the top three (3) firms

(Remainder of this page intentionally left blank)

Page 11 of 14 Company Name_________________________________

PROPOSAL EVALUATION CRITERIA

CRITERIA POINTS

AVAILABLE

1. Qualifications and Experience

2. Understanding and approach and ability to provide the required scope of service.

3. References and/or recommendations

4. Experience with governmental accounting, with familiarity with Sunguard accounting system preferred.

5. Availability of adequate personnel and technology resources.

6. Certified Minority Firm. 2

TOTAL=

(The remainder of this page is intentionally left blank)

Page 12 of 14 Company Name_________________________________

BIDDERS DECLARATION

The bidder/proposer understands, agrees, and warrants:

1. These items apply to and become a part of the terms and conditions of the bid/proposal submitted. Any exceptions must be in writing.

2. All submittals shall be subject to acceptance or rejection. The City of Milton specifically reserves the right to accept or reject any or all proposals, to waive any technicalities and formalities in the proposal process, and to award the proposal in part or in any manner deemed to be in the best interest of the City.

3. The City of Milton is exempt from sales tax.

4. Firms are responsible for any sales tax.

5. The City of Milton will receive sealed bids/proposals from interested parties at its offices located at City Hall, Milton, Florida. Any submittal received after the deadline will not be considered.

6. Bids/proposals will be publicly opened and read at the City of Milton, City Hall on the day and at the hour specified.

7. The City of Milton may consider as non-responsive, any bid/proposal in which there is an alteration of, or departure from the bid/proposal form hereto attached.

8. The bid/proposal will be awarded to the lowest most responsive reliable firm complying with the conditions of the bid/proposal. The firm to whom award is made will be notified as soon as possible. The City of Milton reserves the right to reject the bid/proposal of a firm who has previously failed to perform properly or complete on time, contracts of a similar nature, or the bid/proposals of a firm who, in the sole opinion and discretion of the City of Milton is not in a position to perform the contract, or whose name appears on the United States Comptroller General’s list of ineligible contractors.

9. The City of Milton reserves the right to award to multiple vendors.

10. Interested Parties shall submit all required forms and information simultaneously with their sealed bid/proposal. Forms and information become a part of the property of the City of Milton and will not be returned to the firm unless a written request to withdraw is received prior to opening of bids/proposals.

11. For Bids-Additional Quantities: For a period not exceeding twelve (12) months from the day of the solicitation opening, the right is reserved to purchase any number of additional items at the prices offered in this solicitation. If additional quantities are not acceptable, the bid form shall be noted “offer is for specified quantity only.”

12. For Bids/NOTE: Unless stated on the bid form, the bid submitted will assume all specifications will be met. Please note all exceptions on the bid form.

13. The successful bidder/proposer will be required to submit additional forms, which are available on the City’s website at https://MiltonFL.org/322/Purchasing at the bottom of the page.

▪ Certificate of Non-Discrimination

▪ W-9 Taxpayer Identification Number

▪ Vendor Application

▪ Certificates for Liability, Vehicle, and Worker’s Comp Insurance.

(City is to be named as additional insured.) Limitations are listed online.

▪ Prompt Payment Affidavit https://miltonfl.org/322/Purchasing

Page 13 of 14 Company Name_________________________________

14. That they have carefully read and fully understand the full scope of the specifications.

15. That they have the capability to successfully undertake and complete the responsibilities and obligations in said specifications.

16. All bidders/proposers are responsible for checking for any addendums that may be issued.

Addendums are posted on the City web page, Bid Net Direct, and Vendor Registry.

17. If required- That they have Liability Insurance, and/or Vehicle and Workers Comp Insurance. (A declaration of insurance form must be provided before any work will begin.)

18. (Service Contracts Only) Pursuant to Florida Statute 119, the firm must follow all public records law. IF THE FIRM HAS QUESTIONS REGARDING THE APPLICATION OF

CHAPTER 119, FLORIDA STATUTES, TO THE FIRM’S DUTY TO PROVIDE

PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN

OF PUBLIC RECORDS AT (850)983-5402, FOIA@MiltonFL.org OR P.O. BOX 909, MILTON, FL 32572. A firm who fails to provide the public records to the City within a reasonable time may also be subject to penalties under Florida Statute 119.10.

19. For all Contracts - Firms should take all necessary affirmative steps to assure that minority businesses, women’s business enterprises, and labor surplus area firms are used when possible.

(Appendix II Part 200 of 2 CFR 200 (B) gov.info)

20. That this bid/proposal may be withdrawn by requesting such withdrawal in writing at any time prior to opening date, but may not be withdrawn after such date and time.

21. That by submission of this bid/proposal the firm acknowledges that the City of Milton has the right to make any inquiry or investigation it deems appropriate to substantiate or supplement information supplied by the firm.

22. If a partnership, a general partner must sign. If a corporation, the authorized corporate officer(s) must sign, and the corporate seal must be affixed to this bid/proposal.

23. Recommendations are posted on city web page via agendas prior to award.

24. Any protests are handled per the City’s Purchasing Policy and F.S. 120.57(3).

BIDDER: ______________________________________________________________________

Company Name

Address/City/Zip

Phone Email Contact Name Title

Company Representative Signature Date mailto:FOIA@MiltonFL.org https://www.govinfo.gov/app/details/CFR-2014-title2-vol1/CFR-2014-title2-vol1-part200-appII

Page 14 of 14 Company Name_________________________________

IN ADDITION:

The firm understands, agrees and warrants:

The firm has carefully read and fully understands the full scope of the specifications.

That the bidder has the capability to successfully undertake and complete the responsibilities and obligations in said specifications.

That the firm has liability insurance, and a declaration of insurance form must be provided before any work begins.

That this proposal may be withdrawn by requesting such withdrawal in writing at any time prior to Monday, March 24, 2025, at 2:00 p.m. but may not be withdrawn after such date and time.

That the City of Milton reserves the right to reject any or all proposals and to accept that proposal which will, in its opinion, best serve the public interest. The City of Milton reserves the right to waive any technicalities and formalities in the proposal process.

That by submission of this proposal the firm acknowledges that the City of Milton has the right to make any inquiry or investigation it deems appropriate to substantiate or supplement information supplied by the firm.

If a partnership, a general partner must sign.

If a corporation, the authorized corporate officer(s) must sign, and the corporate seal must be affixed to this bid.

BIDDER:

Name Title

Name Title

AFFIX CORPORATE SEAL (If Applicable)