PENSION ATTORNEY SERVICES
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LEGAL SERVICES AGREEMENT
THIS AGREEMENT is made on the ~ day of ~, 1999, by and between the
BOARD OF TRUSTEES OF THE EMPLOYEES' PENS10N PLAN of the CITY OF
CLEARWATER, FLORIDA, P.O. Box 4748,Clearwater, Florida 33758-4748 (the "Board") and the
law firm of CHRISTIANSEN & DEHNER, P.A., 63 Sarasota Center Boulevard, Suite 107,
Sarasota, Florida 34239 ("Counsel").
WIT N E SSE T H:
WHEREAS, the Board issued Request for Proposals #10-99 for Pension Attorney
Services, attached hereto as Exhibit "A", and Counsel issued a Response to Request for
Proposals #10-99, attached hereto as Exhibit "B"; and
WHEREAS, the Board wishes to retain Counsel to provide Pension Attorney Services to
the Board pursuant to Request for Proposals #10-99 and Counsel's Response to Request for
Proposals #10-99.
NOW, THEREFORE, in consideration of the promises and mutual covenants herein
contained, the parties hereto do hereby agree as follows:
SECTION 1. AUTHORIZATION TO PROCEED AS COUNSEL. Counsel is hereby
authorized to provide pension attomey services as described in Request For Proposals #10-99
and for the professional fees described in this Agreement.
SECTION 2. SCOPE OF SERVICES. Counsel hereby agrees to provide pension
attorney services to the Board pursuant to Request for Proposals #10-99 and Counsel's
Response to Request for Proposals #10-99.
SECTION 3. TERM. This Agreement will be effective for one (1) year from the date of ,xfl
execution. ....'it. OA option Ily BoaRlIo _"~ for Iwll (1l a~~ilioAol OA8 yoar 18""0 WAder the salRo / ~~. /
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SECTION 4. PROFESSIONAL FEES FOR SERVICES. The Board and Counsel agree to
a rate of $180.00 per hour for attorney services, and $90.00 per hour for travel time, plus
reimbursement for reasonable compensable expenses subject to Board approval.
SECTION 5. COMPENSABLE EXPENSES. Reimbursement of expenses shall be
made by the Board to the firm for reasonable out-of-pocket expenses as determined by
the Board without markup, including but not limited to long distance calls and facsimiles,
copying or reproducing documents, postage, court costs, parking costs and travel
incurred by Counsel in performance of t,he duties hereunder. Travel and per diem costs
as well as auto travel expenses shall not exceed that which is available to City of
Clearwater employees.
SECTION 6. INDEMNIFICATION AND INSURANCE. Counsel agrees to protect, defend,
indemnify and hold the Board and its officers, employees and agents free and harmless from and
against any and all losses, penalties, damages, settlements, costs, charges, professional fees or
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other expenses or liabilities of every kind and character arising out of or due to any negligent act
or omission of Counsel, its employees, agents and subcontractors in connection with or arising
directly or indirectly out of this Agreement and/or the performance hereof. Without limiting its
liability under this Agreement, Counsel shall procure and maintain during the life of this Agreement
professional liability insurance in an amount of $2,000,000. This provision shall survive the
termination of this Agreement.
SECTION 7. CONFLICT OF INTEREST. It is understood by the Board and Counsel that
Counsel is not aware of any clients of the firm that currently present any conflict between the
interests of the Board and other clients of Counsel. If any potential conflict of interest arises
during the time Counsel is representing the Board, Counsel will promptly inform the Board. The
Board is under no obligation to agree to permit the conflict representation.
SECTION 8. CONSTRUCTION AND AMENDMENTS. This Agreement shall be
governed by and construed in accordance with the laws of the State of Florida. This Agreement
may be amended only by a writing duly entered into by the Board and Counsel.
SECTION 9. CANCELLATION OF AGREEMENT. The Board may cancel or terminate
this Agreement upon ten days advance written notice to Counsel. In the event of cancellation,
Counsel shall immediately cease work hereunder and shall be reimbursed for eligible and
documented reimbursable expenses incurred prior to the date of cancellation. Further, it is
understood and agreed between the Board and Counsel that H. Lee Dehner and Scott R.
Christiansen will be the lead attorneys assigned by the firm to provide the services contained
herein. The Board in its absolute discretion may immediately terminate this Agreement upon
written notice to the firm if the services of this attorney are unavailable to the Board.
IN WITNESS WHEREOF, the Board and Counsel have executed this Agreement as of the
date first written above.
BOARD OF TRUSTEES
OF THE EMPLOYEES' PENSION PLAN
of the CITY OF CLEARWATER, FLORIDA
By: ~~~
Bria . Aungst '~
Chairperson
:oc as to fonn
Pamela K. Akin
City Attorney
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By:
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RFP
1 O~99
CITY OF CLEARWATER, FLORIDA
REQUEST FOR PROPOSALS FOR PENSION ATTORNEY SERVICES
A. INTRODUCTION I BACKGROUND
The City of Clearwater (hereinafter MCityM) Is requesting proposals from qualified firms of pension attorney
services in providing legal and other related services to the City of Clearwater Employees' Pension Plan
(hereinafter .PlanM). A Selection Committee (hereafter MCommitteeM), has been formed to facilitate the
selection process. The Committee is composed of five (5) City appointees.
The Plan is a contributory, defined benefit pension plan for eligible City employees. Members presenUy
contribute 8.0% of their earnings on a pre-tax basis to the plan until time of retirement, while the City
contributes the balance required as determined by the actuarial valuation. The Plan requires a minimum
City contribution of 7.0%. This Plan includes a disability retirement provision for members who become
disabled. The Employees' Pension Plan is governed by the members of the City Commission who serve
as the Plan Trustees.
The City is a City Manager/Commission form of local govemment which offers a traditional mix of
municipal services to a population of approximately 104,000.
For the 1998/99 fiscal year, the total of all City operating and capital budgets is approximately $192
million. Of this amount $73.4 million is budgeted for the General Fund, $70.7 million for proprietary fund
activities, and 46 million for capital budgets. The proprietary fund activities include primarily the provision
of water, sewer, gas and sanitation utility services and the operation of a toll bridge, marina and parking
facilities. The City employs approximately 1,700 persons, over 1,450 of whom are members of the
Employee Pension Plan. The Plan assets had a market value of $358 million as of January 1, 1998.
Section 2.3940) of the Code of Ordinances provides that the Board of Trustees, (Trustees are the
procurement entity) may retain counsel and other advisors for the Pension Plan. Note that the same
Section provides that M[t]he Trustees are authorized to pay for such services from the Pension Fund. M
B. REQUIRED SERVICES AND PERFORMANCE STANDARDS
The Board of Trustees of the General Employees Pension Fund intends to establish an agreement for the
services of an Attomey to serve as counsel to the Board and the Pension Advisory Committee. The
Attorney must be able to provide a full scope of legal services and demonstrate experience in providing
legal advice, document and ordinance preparation, and litigation in the area of public pension law.
Anticipated contract period is for a 3 year period with option to terminate thru notice. The required
services include, but are not limited to, the following:
A Attend meetings of the Board of Trustees and Pension Advisory Committee and provide
advi98 to those bodies regarding agenda items coming before them;
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B. Perform research on legal Issues as directed by the Board and Convnlttee and render legal
opinions to those boditfs;
C. Represent the Committee in determining eligibility of applicants for disability and other
pension benefits;
D. Provide advice on Sunshine Law and Public Records Act issues;
E. Advise the Board and Committee regarding provisions of state and federal pension and tax
law and, as directed by the Board, recommend changes to the pension ordinance and
procedures necessary to comply with law;
F. Draft amendments to the pension ordinance as directed by the Board;
G. Represent the Board and Committee as directed by the Board in litigation arising out of
administration of the pension plan.
H. Perform other services as directed by the Board.
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C. QUALIFICATIONS AND OTHER FACTUAL INFORMATION
(1) Finn Qualifications
A. Indicate size of firm, organizational structure, location of offices, location of relevant
attomeys/support staff and amount of travel time necessitated for them to attend meetings in
Clearwater, admissions to The Florida Bar and occupational licensing.
B. Describe your firm's experience in the area of public pension law, including representation of
local govemment entities/pension funds, litigation of pension law issues, and drafting of
pension and related ordinances.
C. Describe technical resources available to your firm such as computer/intemetle-mail capability
and access to specialized legal research databases.
D. Please list your most recent clients within the State of Florida, including the names,
addresses, and phone numbers of contact persons; briefly describe the services performed
for these alants.
E. Include the capability of your firm to hold harmless, indermify and defend the City for losses,
costs and expenses arising from liability claims resulting from alleged negligence or
malpractice of your firm, its officers, employees and subcontractors; describe liability
insurance coverage carried by your firm.
F. Provide information on any litigation your firm has been a party to during the past three (3)
years.
(2) Familiarity with GASB Statement Requirements
Please indicate your familiarity with GASB Statement requirements relating to Pension Plans by
providing a brief summary of the requirements and your experience in providing required attomey
services.
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(3) Qualifications of Personnel to be Assigned
Provide resumes of the personnel who would be directly involved in performing services for
the City, including but not limited to:
(I) formal and supplemental education;
(II) Experience in performing pension attorney services and consultation regarding
employee benefit programs including governmental client names where possible;
(III) Knowledge of State of Florida regulatory requirements applying to municipal pension
plans;
(IV) Memberships in professional organizations; and
M Professional recognition and awards.
A Describe the education and experience, particularly as it relates to representation of Florida
public pension plans, of each staff member to be assigned to the engagement Indicate
notable achievements such as books or articles written, memberships, offices held in
professional organizations, and major litigation handled. Include all state bar admissions and
board certifications for attorneys and certifications for paralegals.
B. For each attorney, give an indication of the extent of his or her availability.
(4) Costs to Provide the Various Services
A Provide full information on the cost for each of the required services identified in Section B of
the RFP including whether or not the fee is on the project basis and the total cost, on an
hourty basis and the estimated number of hours and total costs, and any other costs which
would be reasonable expected to be incurred as a result of the performance of the service.
E. INDEMNIFICATION AND INSURANCE REQUIREMENTS
Indemnification:
The proposer shall hold harmless, indemnify and defend the City, its elected officials, officers and
employees, against any claim, action, lawsuit, loss, damage, injury (whether mental or physical, and
include death to persons, or damage to property), liability, cost and expense of whatsoever kind or
nature including, but not by way of limitation, attorney's fees and court costs, caused by negligent acts
or omissions of Pension Attorney Services.
The City shall also be held harmless against all claims for financial loss with respect to the provision of
or failure to provide professional or other services resulting in professional malpractice, or errors or
omissions liability arising out of performance of the agreement or contact, unless such claims are a
result of the City's own negligence.
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Insurance
(1) Without limiting its liability under the contract. the proposer shall procure and maintain at its
sole expense during the life of the contract, insurance of the types and the minimum amounts
stated.
Type
Amount
Employers Liability
$2,000,000
$500,000
$500,000
$ Statutory
$100,0001$100,0001$500,000
Professional Liability
Comprehensive or commercial General Liability
Comprehensive or business Automobile Liability
Wmers' Compensation Coverage as imposed by State Law
(2) The proposer comprehensive general liability policy shall include contractural liability on a
blanket or specific basis to cover this indemnification.
(3) Such insurance shall be written by a company or companies licensed to do business in the
State of Florida and satisfactory to the City. Prior to commencing any worX under this
contract, certificates evidencing the maintenance of said insurance shall be fumished to and
approved by the City's Risk Management Division.
(4) The insurance coverages and conditions required shall not be suspended, voided, canceled
or modified except after thirty (30) days prior written notice has been given by certified mail,
retum receipt requested, to the City's Risk Management Division Office.
(5) The City may, at its option, require a copy of the Proposer's insurance policies.
(6) All insurance policies required within this RFP and any contract subsequently entered into
between the parties shall provide full coverage from the first dollar of exposure unless
otherwise stipulated. No deductibles or self-insurance retention will be accepted without prior
approval from the City. The proposer's deductible/Self-insurance retentions (SIRs) shall be
disclosed to the City and may be disapproved by the City. They shall be reduced or
eliminated at the option of the City. The proposer is responsible for the amount of any
deductible or SIR.
(7) Except for worXers' compensation and professional liability insurance, the proposer's insurance policies shall be endorsed to name the City as an additional insured to the extent
of the City's interest
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(8) Insurance required of the proposer or any other Insurance carried by the proposer shall be
considered primary and any insurance of the City shall be considered excess as may be
applicable to claims under any contract or agreement between City and proposer.
(9) Any party providing services or products to the City will be expected to enter Into a written
agreemen~ contract, or purchase order with the City that Incorporates, either in writing or by
reference, all of the pertinent provisions relating to insurance and insurance requirements as
contained herein. A failure to do so, may, at the sole discretion of the City, disqualify any
party from performing services or selling products to the City provided however, the City
reserves the right to waive any such requirements.
(10)lf a claims made form of professional liability coverage Is provided, the retroactive date of
coverage shall be no later than the inception date of claims made coverage, unless prior
policy was extended Indefinitely to cover prior acts. Coverage shall be extended beyond the
policy year either by a supplemental extended reporting period (ERP) of as great duration as
available and with no less coverage with reinstated aggregate limits, or by requiring that any
new policy provide a retroactive date no later than the Inception date of claims made
coverage.
F. RFP TIME TABLE
The anticipated schedule for the RFP and contract approval is as follows:
RFP available for disbibution
November 17, 1998
Deadline for receipt of questions
December 17, 1998
Deadline for receipt of proposals
Tuesday, January 12, 1999, 4:00p.m.
Evaluation / SeJection process:
Review of proposals
Tuesday, January 19, 1999
Selection of Candidates to make presentations
Week of January 18, 1999
Staff Recommendation
Tuesday, January 26,1999
City begins contract negotiations
Tuesday, January 26,1999
Recommendation to Pension Trustees
Monday, March 1, 1999
G. RFP AVAILABILITY
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City of Clearwater, Florida RFP 110-99
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Copies of the RFP are available by contacting George McKibben at (727) 582-4634, or by visiting the
Purchasing Division located at the Municipal Services Building, 3rd Floor, Finance Department, 100 - /
South Myrtle Avenue, Clearwater, Florida 33756-5520.
H. PROPOSAL SUBMISSION
One original and five copies (a total of six) shall be delivered to the City of Clearwater, Purchasing
Manager, 100 South Myrtle Avenue, Clearwater, FL 33756-5520, prior to the opening time of 4:00
p.m., EDT, on Tuesday, January 12, 1999. Proposals shall be as brief and to the point as possible
while still meeting proposal requirements.
The delivery of proposals to the City of Clearwater Purchasing Office prior to the specified date and
time Is solely and strictly the responsibility of the proposing firm. The City shall not, under any
circumstances, be responsible for delays caused by the United States Postal Service or any private
delivery service, or for other delays. All responses must be manually and duly signed by an
authorized authority to bind said firm, and proposer(s) must affix their compants corporate seal to the
Proposal. In the absence of a corporate seal, the Proposal must be notarizect by a Notary Public.
The submittal of a proposal by a preparer will be considered by the City as constituting an offer by the
Proposer to perform the required services at the stated fees. The stated fees shall be considered
locked in for 180 days from the time of receipt
All responses must be marked on the outside:
"Request For proposal for Pension Attorney Services
for the City of Clearwater, Florida
RFP 10-99
To be opened at 4:00PM, EDT, January 12, 1999"
Each proposer is solely responsible for reading and completely understanding the requirements of this
RFP. The opening time shall be and must be scrupulously observed. Under no circumstances will
proposals delivered after the specified delivery time be considered. Late submissions shall be
retumed unopened to the firm with the notation -The Proposal was received after the delivery time
designated for the receipt and opening of the proposals..
All proposals shall be prepared and submitted in accordance with the provisions of this RFP.
However, the City may waive any informalities, irregularities, or variances, whether technical or
substantial in nature, or reject any and all proposals at its discretion. Any proposal may be withdrawn
prior to the indicated time for opening of proposals for authorized proponed thereof. No firm may
withdraw a proposal within ninety (90) days after the actual date of the proposal's opening.
Promotional material may be included as supplemental information, but will not constitute a proposal
itself.
I. INQUIRIES AND ADDENDA
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Each firm shall examine all RFP documents and shall judge all matters relating to the adequacy and
accuracy of such documents. Any inquiries. suggestions or requests concen1Tng Interpretation,
clarification, or additional information pertaining to the RFP shall be made in writing a minimum of five
(5) working days prior to due date through the City of Clearwater's Purchasing Manager, George
McKibben, at P.O. Box 4748, Clearwater, Florida 33758-4748; or FAX 727-562-4635. Facsimiles
must have a cover sheet which Includes, at a minimum, the propser's name, address, number of
pages transmitted, phone number, and facsimile number. It Is the proposer's responsibility to be sure
all addenda were received.
The City shall not be responsible for oral Interpretations given by any City employee, representative,
or others. The issuance of a written addendum is the only official method whereby Interpretation,
clarification, or additional information may be given. If any addenda are issued to this RFP, the City
will attempt to notify all prospective firms who have secured same.. However, It shall be the
responsibility of each firm, prior to submitting the proposal, to contact the City of Clearwater's
Purchasing Manager (727-562-4634) to determine if addenda were Issued and to make such addenda
a part of the proposal.
J. LATE PROPOSALS ,LATE MODIFICATIONS, AND LATE WITHDRAWLS
Proposals received after the Proposal Due Date and time are late and will not be considered. Letters
of withdrawals received after the Proposal Due Date or after contract award, whichever is applicable,
are late and will not be considered.
K. RFP POSTPONEMENT I CANCELLATION
The City may, at its sole and absolute discretion, reject any and all, or parts of any and all, proposals;
re-advertise this RFP; postpone or cancel, at any time, this RFP process; or waive any minor or
immaterial irregularities in this RFP or in the proposals received as a result of this RFP.
L. COSTS INCURRED BY PROPOSERS
All expenses involved with the preparation and submission of proposals to the City, or any work
performed in connection therewith shall be borne by the proposer(s). No payment will be made for
any responses received, nor for any other effort required of or made by the proposer(s) prior to
commencement of work as defined by a contract approved by the City Commission.
M. ORAL PRESENTATION
A formal oral presentation may be required by each firm that is selected during the initial review
process (at the sole option of the City). If required, presentations should be in support of the firm's
proposal or to exhibit or otherwise demonstrate the information contained therein. If the
Committee wishes additional clarification of any information or additional information, any of the firms
may be requested to submit that information in writing.
N. EXCEPTION TO THE RFP
Proposers may take exceptions to any of the terms of this RFP unless the RFP specifically states
where exceptions may not be taken. Should a proposer take exception where none is permitted, the
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proposal will be rejected as non-responsive. All exceptions taken must be specific, and the Proposer
must Indicate clearly what alternative Is being offered to alloW the City a meanIngful opportunity to
evaluate and rank proposals.
Where exceptions are permitted, the City shall determine the acceptability of the proposed exceptions
and the proposals will be evaluated based on the proposals as submitted. The City, after completing
evaluations, may accept or reject the exceptions. Where exceptions are rejected, the City may
request that the Proposer furnish the services or goods described herein, or negotiate an acceptable
alternative.
O. PROPRIETARY INFORMATION
Responses to this Request for Proposals upon receipt by the City become public records subject to
the provisions of Chapter 119 F.S., Florida's Public Records Law. If you believe that any portion or all
of your response is confidential and/or proprietary, you should clearly assert such exemption and the
specific legal authority of the asserted exemption. All material that you assert qualifies for exemption
from Chapter 119 must be submitted in a separate envelope, clearly identified as "TRADE SECRETS
EXCEPTION-, with your firm's name and the proposal number marked on the outside.
Please be aware that the designation of an item as a trade secret by you may be challenged in court
by any person. By your designation of material In your proposal as a -trade secrer you agree to hold
harmless the City for any award to a plaintiff for damages, costs or attomeys' fees and for costs and
attorneys' fees incurred by the City by reason of any legal action challenging your claim. You may be
required to pay any costs of fees incurred in defending such a charge if the City declines to do so.
P . NEGOTIATIONS
The City may award a contract on the basis of initial offers received, without further negotiations or
may negotiate a final contract. Therefore, each initial offer should contain the proposer's best terms
from a cost or price and technical standpoint
The City reserves the right to enter into contract negotiations with the selected proposer. If the City
and the selected proposer cannot negotiate a successful contract, the City may terminate said
negotiations and begin negotiations with the next selected proposer. This process will continue until a
contract has been executed or all proposers have been rejected. No proposer shall have any rights
against the City arising from such negotiations.
Q. RIGHT TO PROTEST
Any actual or prospective Proposer who is aggrieved in connection with the solicitation or award of a
contract may seek resolution of its complaints by contacting the Purchasing Manager.
R. RULES; REGULATIONS; LICENSING REQUIREMENT
The proposer shall comply with all laws, ordinances and regulations applicable to the services
contemplated herein, including those applicable to conflict of interest and collusion. Proposers are
presumed to be familiar with all Federal, State and Jocallaws, ordinances, codes and regulations that
may in any way affect the services offered.
Request For Propoals For Pension Attorney Services U44 City of Clearwater, florida RFP 110-91
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S. GENERAL
The evaluation and ranking of all competitive proposals received shall be accomplished utilizing the
criteria described in this Section. Information and data included in the Actuarial Services proposal
shall be considered in the evaluation and ranking process.
T. COMPLETENESS OF COMPETITIVE PROPOSALS
Following the receipt of competitive proposals, the City shall review all proposals with respect to
completeness and conformance with the instructions and requirements specifically Indicated in this
RFP. Proposals which are deemed incomplete and/or non-conformlng with Instructions and
requirements of this RFP may not be given further evaluation. The City reserves the right to reject
any or all proposals and to waive any Irregularity, variance or Informality whether technical or
substantial in nature, In keeping with the best Interest of the City.
u. SELECTION CRITERIA
All proposals shall be equally evaluated with respect to the completeness of the data provided, support for
all claims made, and the overall approach taken. The following criteria shall be utilized in the evaluation of
the proposal:
(1) Organization, size, structure and technical resources of the firm.
Knowledge of Florida public pension law, Including successful experience representing local
government pension plans in Florida.
Experience in pension litigation and pension ordinance drafting
(2) Responsiveness and completeness of the written proposal to these instructions with regard to
scope of services and qualifications of the firm.
Ability to communicate legal concepts to non-attorneys.
Qualifications and availability of key personnel to be assigned to the Board of Trustees and
Pension Advisory Committee
(3) Evaluation of proposed fee schedule.
(4) Reports from References
All proposals shall be equally evaluated with respect to the completeness of the data provided, support for
all claims made, and the overall approach taken. The following weighting shall be utilized in the evaluation
of the proposals.
30% (1) Firm Qualifications
30% (2) Qualifications of Personnel to be Assigned
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30%
(3) Costs to Provide the Various Services
10%
(4) References
References may be called regarding the level of satisfaction with services rendered by the proposing firm,
technical ability I cost, education of and presentation to governing bodies.
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RESPONSE TO RFP FOR
CITY OF CLEARWATER
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PENSION ATTORNEY SERVICES
CHRISTIANSEN & DEHNER, P.A.
63 SARASOTA CENTER BOULEVARD
SUITE 107
SARASOTA, FLORIDA 34239
(941) 377-2200
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REPLY TO REQUEST FOR PROPOSALS FOR PENSION ATTORNEY SERVICES
CHRISTIANSEN & DEHNER, P.A.
QUALIFICATIONS AND OTHEK FACTUAL INFORMATION
TABLE OF CONTENTS
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(1) Firm Qualifications
A. Size of Finn - Two attorneys and four support staff,
Organizational structure - Christiansen and Dehner, P .A. is a professional
association organized under the laws of the State of Florida with Mr. Dehner and
Mr. Christiansen being equal shareholders of all issued and outstanding stock. Mr.
Dehner is President and Mr. Christiansen is Vice President and Secretary.
Location of office - 63 Sarasota Center Boulevard, Suite 107, Sarasota, Florida
34240,
Location of relevant attorneys and stqff - 63 Sarasota Center Boulevard, Suite 107,
Sarasota, Florida 34240.
Travel time - 3 hours round trip.
Florida Bar Admissions - Mr. Dehner was admitted to the Florida Bar on May 31,
1977 and Mr. Christiansen was admitted on October 16, 1973. The firm is
authorized to operate a law office in Sarasota County pursuant to an occupational
license issued by the county.
B. Finn's experience In pubUc pension law - The firm has represented local
government pension funds in the State of Florida since 1979 and primarily limits its
practice to such representation. Over 130 funds are represented in 76 cities and
districts. Advice and representation is provided in all areas of law applicable to
public retirement funds including, but not limited to, fiduciary responsibilities,
liabilities, administrative hearings and procedures,. tax issues, disabilities,
forfeitures, benefits, plan design, filing requirements, drafting of all plan documents
(including ordinances and all documents required for legal and prudent plan
administration and compliance with all applicable state and federal laws).
C. Technical resources available to the}inn - The finn is fully computerized to handle
all internal functions. Word processing, accounting and billing are all accomplished
utilizing software designed for these functions. The office staff are all provided with
workstations connected through an internal network. All personnel have access to
the Internet and all have e-mail capability. Legal research is conducted through
resources provided by West Group and we have full access to WESTLA W to
provide current legal information and updating. Access to the Internet provides
additional legal resources including the monitoring of federal and state legislation.
Additional resources include various subscription services and organizations in
which we are active members such as the National Association of Public Pension
Attorneys.
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D. _Most recent Florida Cllents(recent re1entions, recent services, various geog~hical
locations). /
CITY OF APOPKA MUNICIPAL POLICE OmCERS', FIREFIGHTERS' AND GENERAL
EMPLOYEES' RETIREMENT TRUST FUNDS
Ms. Connie Major, City Clerk
City of Apopka
120 East Main Street
Apopka, Florida 32703
CITY OF CLEARWATER FIREFIGHTERS' SUPPLEMENTAL TRUST FUND
Mr. Robert Lockwood, Chairman
City of Clearwater Firefighters' Supplemental Trust Fund
610 Franklin Street
Clearwater, Florida 33756
CITY OF CLEARWATER POLICE OmCERS' PENSION FUND
Mr. William Sedrick, Chairman
City of Clearwater Police Officers' Pension Fund
645 Pierce Street
Clearwater, Florida 33756
CITY OF DAYfONA BEACH POLICE AND FIRE DEPARTMENT PENSION FUND
Mr. Dwayne Taylor, Chairman
City of Daytona Beach Police and FIre Department Pension Fund
301 South Ridgewood Avenue
Daytona Beach, Florida 32114
CITY OF FORT MYERS MUNICIPAL FIREFIGHTERS' PENSION TRUST FUND
Chief Richard Chappelle
City of Fort Myers Municipal Firefighters' Pension Trost Fund
2402 Dr. Martin Luther King Ir. Boulevard
Fort Myers, Florida 33901
CITY OF KISSIMMEE MUNICIPAL FIREFIGHTERS' RETIREMENT PLAN
Mr. Robert leek, Chairman
City of Kissimmee Municipal Firefighters' Retirement Plan
101 North Church Street
Kissimmee, Florida 34741
CITY OF NEPfUNE BEACH POLICE OmCERS' AND FIREFIGHTERS' RETIREMENT
SYSTEM
Officer Larry Dean, Chairman
City of Neptune Beach Police Officers' and Firefighters' Retirement System
200 Lemon Street
Neptune Beach, Florida 32~100
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CITY OF OCALA EMPLOYEES' PENSION SYSTEM
Dr. Oel WIngo, Assistant City Manager
City of Ocala
Post Office Box 1270
Oeala, Florida 34478
TOWN OF ORANGE PARK FIREFIGHTERS' RETIREMENT PLAN
Mr. Larry Dumas, Chairman
Town of Orange Park Firefighters' Retirement Plan
331 Stowe Avenue
Orange Park, Florida 32703
CITY OF SARASOTA POLICE OFFICERS' AND GENERAL EMPLOYEES' PENSION
PLANS
Ms. Benita Saldutti, Pension Administrator
City of Sarasota
Post Office Box lOS8
Sarasota, Florida 34230
CITY OF ST. PETE BEACH GENERAL EMPLOYEES' RETIREMENT SYSTEM
Ms. Colette Graston, Secretary
City of St. Pete Beach General Employees' Retirement System
nOt Boca Ciega Drive
St. Pete Beach, Florida 33706
CITY OF TALLAHASSEE PENSION PLAN
Mr. Steve Chase, Retirement Administrator
City of T~I1~haSSM
300 South Adams Street
Tal1aha~, Florida 32301
CITY OF VENICE GENERAL EMPLOYEES' RETIREMENT PLAN
Mr. Mike McPhail, Fmance Director
City of Venice
401 West Venice Avenue
Venice, Florida 34285
CITY OF WINTER HAVEN, FLORIDA EMPLOYEES' RETIREMENT PLAN
Mr. Calvin Bowen, Fmance Director
City of Wmter Haven
Post Office Box 22n
Winter Haven, Florida 33883-22n
Services perfonned for all of our clients are comprehensive and include those listed in
the response to (1) B. above and in Section B of the RFP.
E. Indemnification and insurance - The firm has the capability to hold harmless,
indemnify and defend the City from liability claims resulting from negligence or
malpractice of the finn, its officers, employees and subcontractors. The Legal
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Professional Liability Insurance ~ has limits of 1,000,000 per claim with a
3,000,000 annual aggrega~ and a $S,OOO.OO deductible. The linn has never had
a claim filed against it.
F. Litigation in which the film was a party within the last 3 years - The linn has never
been a party to any litigation.
(2) Familiarity with GASH Statement Requirements
We are familiar with the primary requirements of the Governmental Accounting
Standards Board applicable to public pension plans. They require the disclosure of
actuarial and financial data pertaining to the plan. Paragraph 37 of Statement No. 25
requires a schedule disclosing funding progress. Unless the Aggregate Actuarial Cost
Method is used for funding, Paragraph 38 of Statement No. 25 requires a schedule
disclosing I contributions from the employer and other entities (i.e. State of Florida).
I
Statement No. 27 requires disclosure of annual pension costs and information related
thereto, three year trend information on annual pension cost, percentage of annual
pension cost contributed and the net pension obligation. We review the valuation
reports prepared by our clients' actuaries for compliance.
(3) Qualifications of Personnel to be Assigned -
H. Lee Deh1u!r
Lee Dehner was admitted to the Rorida Bar in 1977 and has represented municipal
pension plans. in Rorida since 1979. His practice is comprehensive in the representation
of local government employee retirement plans in Rorida. He provides advice and
representation in all areas.
Mr. Dehner has been a regular speaker at pension conferences and trustee schools
sponsored by the State of Rorida, Division of Retirement and Florida State University
and the Rorida Public Pension Trustees' Association for IS years. He has been active
in legislative matters concerning Florida municipal pension plans though committee
membership, drafting of proposed statutory amendments and testifying before state
agencies and committees of the State House of Representatives and Senate. His
knowledge of state and federal regulatory requirements is thorough and comprehensive.
His consultation and advice is frequently sought by state agencies and representatives
of municipal pension plans.
Mr. Dehner is a member of the National Association of Public Pension Attorneys, the
Florida Public Pension Trustees Association and the International Foundation of
Employee Benefit Plans. He is an elected member of Who's Who in Practicing
Attorneys. He is also a member of the American Bar Association, the Sarasota County
Bar Association, the Florida Bar Association and the Labor and Employment Law,
Local Government Law, Tax Law and Administrative Law Sections.
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Scan R. Chrlstlll1L!~
Scott Christiansen graduated from the University of South Florida with a Bachelor of
Arts Degree in 1970 and from the University of Florida College of Law with a Juris
Doctorate Degree in 1973. He was admitted to the Florida Bar in 1973, the U.S. Court
of Military Appeals in 1974, the U.S. District Court for the Middle District of Florida
in 1978 and the U.S. Supreme Court in 1989. Mr. Christiansen served in the Judge
Advocate Generals Corps of the United States Army from 1973 until 1978 .
Mr. Christiansen served as Town Attorney for the Town of Longboat Key, Florida
from 1981 through 1990. He served as a member of the Florida Bar Grievance
Committee for the Twelfth Judicial Circuit from 1988 to 1991. He is currently a
member of the Sarasota County Bar Association, the Florida Bar Association ancI its
Local Government Law, Administrative Law and Labor and Employment Law
Sections. Mr. Christiansen is also a member of the National Association of Public
Pension Attorneys and the Florida Public Pension Trustees' Association.
Currently, Mr. Christiansen's practice is primarily in the area of municipal employee
pension benefit plans and is comprehensive in the representation of local government
employee retirement plans in Florida. He provides advice and representation in all
areas.
Both Mr. Dehner and Mr. Christiansen will be available and responsible for the
complete representation of the fund in providing prompt and comprehensive legal
services.
The Firm's governmental clients are the following:
CITY OR DISTRICT
ANNA MARIA
APOPKA
AUBURNDALE
AVON PARK
BARTOW
BEUEAlR
BEUEAlR BLUFFS
BELLEVlEW
BONITA SPRINGS
BRADENTON
BROOKSVlLLE
BUNNELL
CAPE CORAL
CASSELBERRY
CEDAR HAMMOCK
CLEARWATER
COCOA BEACH
COCOA
CRESTVIEW
DAYTONA BEACH
DESTlN
DUNEDIN
PLANS
Fire Pension Fund
fire, General Employees & PoBce Pension Funds
Fire, General Employees & PoDce Pension Funds
Fire & Pollee Pension Funds
Fare & Polce Pension Funds
Pollee & Fire Pension Fund
Fire Pension Fund
Police Pension Fund
Fire Pension Fund
portee & Fire Pension Funds
Fn Pension Fund
Fire Pension Fund
Fare, ponce & General Employees Pension Funds
General Employees, Police & Fire Pension Funds
FlI'efighters' Pension Fund
Fire & Police Pension Funds
PoDce & Fire Pension Funds
General Employees Pension Fund
General Employees, Police & fire Pension Funds
Pollee & Fire Pension Fund
Fife Pension Fund
Fire Pension Fund
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ENGLEWOOD
FERNANDINA BEACH
FORT MYERS
FORT WALTON BEACH
FROSTPROOF
GULFPORT
HAlNESCITY
HOLMES BEACH
KISSIMMEE
KISSIMMEE
LAKE ALFRED
LARGO
LEESBURG
LONGBOAT
LYNN HAVEN
MELBOURNE
MILTON
NEPTUNE BEACH
NEW PORT RICHEY
NEW SMYRNA BEACH
NORTH BAY
NORTH PORT
OCAlA
OCOEE
OKALOOSA
OKEECHOBEE
ORANGE PARK
ORMOND BEACH
OVIEDO
PALM BEACH GARDENS
PALM HARBOR
PALMETTO
PANAMA CITY
PANAMA CITY BEACH
PLANT CITY
PORT ORANGE
PUNTA GORDA
SANFORD
SARASOTA
SEBRING
SEMINOLE
SOUTH MANATEE
SOUTH PASADENA
SOUTH TRAIL
ST. AUGUSTINE
ST. CLOUD
ST. PETE BEACH
SUNRISE
TALLAHASSEE
TARPON SPRINGS
TITUSVILLE
VENICE
WINTER GARDEN
WINTER HAVEN
WINTER PARK
l
Water Distrk:t Employees & Fire Pension Funds
General Employees, Fire & Police Pension Funds
FIre, General Employees & Police Pension Funds
Are & Police Pension Funds
Police Pension Fund
FIre & Police Pension Funds
Are & Police Pension Funds
Police Pension Fund
General Employees, Police & Are Pension Funds
Utility Authority Pension Fund
Police & General Employees Pension Funds
Police & Fwe Pension Fund
Police Pension Fund
Employees' Pension Fund
Fire, General Employees & Police Pension Funds
FIre, General Employees & Police Pension Funds
Fwe Pension Fund
FlI'e & Police Pension Funds
FIre & Police Pension Funds
FJI'e Pension Fund ,
Fife Pension Fund
FlI'e & Police Pension Funds
General Employees & Police Pension Funds
General Employees, Pob & FIre Pension Funds
fire Pension Fund
fire, General Employees & Police Pension Funds
Fwe Pension Fund
fire, General Employees & Police Pension Funds
Police Pension Fund
FIre & General Employees Pension Funds
fire Pension Fund
General Employees Pension Fund
FJI'e & Police Pension Funds
Are & Police Pension Funds
PoUce & FU'8 Pension Funds
FII'8 Pension Fund
fire Pension Fund
Fire & Police Pension Funds
General Employees & Police Pension Funds
fire & Police Pension Funds
FJI'e Pension Fund
FJI'e Pension Fund
FJI'e Pension Fund
FlI'e Pension Fund
Fare Pension Fund
Police & Fwe Pension Funds
General Employees, Fwe & Police Pension Funds
Police Pension Fund
Employees Pension Fund
FlI'e Pension Fund
General Employees, Police & Fire Pension Funds
Fare, General Employees & Police Pension Funds
General Employees, Police & Fife Pension Funds
Fife, Police & General Employees Pension Funds
fire & Police Pension Funds
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(4) Costs to Provide Various Services
The finn will perform the required services identified in Section B. on a time basis at
the rate of $180.00 an hour for legal services and one-half that rate for travel time, plus
reimbursement for out-of-pocket expenses incurred in connection with the
representation and travel.
jy\muten\tfpcJeer.l06
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