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HomeMy WebLinkAboutR-2023-042 Authorization to Enter Into Agreement for 12 Outside Legal Counsel Firms - RFQ 22-031RESOLUTION NO.2023-� 2 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO ENTER INTO AGREEMENTS WITH THE TWELVE (12) FIRMS THAT SUBMITTED RESPONSES TO THE CITY'S REQUEST FOR QUALIFICATIONS ("RFQ") NO. 22-031 ENTITLED, "OUTSIDE LEGAL COUNSEL IN VARIOUS PRACTICE AREAS'; WHICH MAY EXCEED AN ANNUAL VENDOR THRESHOLD TOTAL AMOUNT OF FIFTY THOUSAND DOLLARS ($50,000.00); PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, in 2018 the City received an audit finding that the City Attorney's office did not competitively procure outside legal services; and WHEREAS, although legally the City Attorney's Office is not required to issue an RFQ for outside legal services as there is a state law exemption for legal services, the City Attorney thought it would be equitable, fair and assist the City in removing the audit finding by issuing an RFQ for outside legal services, in all possible disciplines, and for a list of qualified lawyers be maintained to be utilized over the next several years, as the need may arise; and WHEREAS, the City Attorney is not aware of any specific issue or concern that would require outside counsel, but, having a list of qualified and approved firms would ensure that the City is transparent in its procurement of outside counsel and that the City is prepared in case of any legal contingency that may arise; and WHEREAS, the City issued a Request for Qualifications under RFQ No. 22-031 on November 28, 2022, to contract with qualified outside legal counsel firms, to provide various legal services to the City on an as -needed basis; and WHEREAS, the Dania Beach Code of Ordinances, Chapter 2, Article 1, Section 2-10, "Monetary thresholds for certain purchases and payment disbursement authorizations", Subsection (a), sets the monetary threshold or limitation at $50,000.00; and WHEREAS, responses were opened on January 17, 2023, at 10:00 a.m., and the City received proposals from seven (7) qualified firms; and WHEREAS, a committee comprised of the City Attorney, the Executive Director of the Community Redevelopment Agency, the Chief Financial Officer, and the Chief Human Resources Officer met on February 16, 2023 to evaluate the proposals; and WHEREAS, certain firms applied, but the City decided to re -open the RFQ to seek additional firms (while not requiring the existing firms to reapply) and the RFQ finally closed on Friday, April 7, 2023, at 10:00 a.m.; and WHEREAS, responses were opened on April 7, 2023, at 10:00 a.m., and the City received proposals from a total of twelve qualified firms, including the original seven (7) applicants; and WHEREAS, the firms that responded to the RFQ are shown below in no particular order; Firm 1. Carlton Fields, P.A. 2. Kelley Kronenberg 3. Ballard Spahr LLP 4. Allen Norton Blue P.A. 5. Weiss Serota Helfinan 6. Bryant Miller Olive P.A. 7. Nabors, Giblin & Nickerson P.A.; 8. Goren Cherof Doody & Ezrol 9. Law Offices of Alexander Palenzuela, P.A. 10. Law Offices of John J. Hearn 11. Vaughn Baio & Partners, LLC 12. Ryan & Ryan; and WHEREAS, the City will enter into a "continuing contract" with each firm and the initial Agreement period will be for three (3) years with the option to renew for two (2) additional three (3) year periods; and WHEREAS, the City Attorney does not intend to use outside counsel on a regular basis, but solely on an "as needed" basis for specialty issues or concerns; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That the foregoing "WHEREAS" clauses are ratified and confirmed as being true and correct, and they are made a specific part of and incorporated into this Resolution by this reference. Section 2. That the proper City officials are authorized to execute continuing services agreements between the City of Dania Beach and the aforementioned firms: Section 3. That the funding for these services shall be subject to and made within the requesting Department's approved level of their annual budget appropriations and in accordance with City purchasing policy procedures. RESOLUTION #2023-N% Section 4. That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict. Section 5. That this Resolution shall be in full force and take effect immediately upon its passage and adoption. PASSED AND ADOPTED on May 9, 2023. ATTEST: ELORA RNt< ARCHIE D J. AYAN IV CITY CLERK MAYOR APPROVED AS TO FORM AND CORRECTNESS: RESOLUTION #2023--".i/, .