03-13-2003 - Joint Mtg w/PACAGENDA
SPECIAL JOINT MEETING
PENSION
TRUSTEES
AND
PENSION ADVISORY
COMMITTEE
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Interoffice Correspondence Sheet
To: Trustees of the Employees' Pension Plan; Pension Advisory Committee
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From: Margaret Simmons, Treasurer for the Pension Plan
Date: March 3, 2003
RE: Special Joint Meeting of the Trustees of the Employee Pension Plan and
Pension Advisory Committee - March 13, 2003
I have attached several documents for your review prior to the March 13, 2003
Special Joint Meeting of the Trustees of the Employee Pension Plan and Pension
Advisory Committee. The purpose of this meeting is to select an attorney for the
Plan and to authorize negotiating a contract. The following documents are
attached:
• Meeting Agenda
• Request for Proposal issued by the Plan
• Proposal submitted by Klausner & Kaufman, P.A.
• Proposal submitted by Ronald J. Cohen, P.A.
• Proposal submitted by Sugarman & Susskind, P.A.
• 3 copies of ranking sheet
As a reminder, each firm will give a 10-minute presentation, followed by a 10-
minute question/answer period. Due to time constraints, I ask that If you have a
question you would like asked during the question/answer period, please contact
me no later than Monday, March 10, 2003, so that I can compile a short list of 4 or
5 questions,
Please feel free to contact me at 562-4538 if you have any questions. Thank you
for your cooperation in this matter.
SPECIAL JOINT MEETING OF THE TRUSTEES OF THE EMPLOYEES PENSION PLAN
AND PENSION ADVISORY COMMITTEE
March 13, 2003
9:15
City Commission Chambers--City Hall
1. Call Meeting to Order.
2. Oral Presentations by Pension Attorneys
a. Klausner & Kaufman, P.A.
b. Ronald J. Cohen, P.A.
c. Sugarman and Susskind, P.A.
3. Ranking of Firms
4. Approve Ranking and Authorize Negotiating a Contract
5. Adjournment
REQUEST FOR PROPOSAL 15-03
FOR
PENSION ATTORNEY SERVICES
BID OPENING DATE: FEBRUARY 14, 2003 AT 4:00 P.M.
MAIL PROPOSALS TO: GEORGE MCKIBBEN
MUNICIPAL SERVICES BUILDING
100 SOUTH MYRTLE AVENUE (3RD FLOOR)
CLEARWATER, FLORIDA 33756
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 Attorney to serve as counsel to the Board and 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 (Board), Pension Advisory Committee
(PAC), and other meetings as determined necessary, and provide advice to those
bodies regarding items coming before them;
B. Perform research on legal Issues as directed by the Board and/or PAC and render
legal opinions to those bodies;
C. Provide advice to the PAC 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 PAC regarding provisions of state and federal pension and tax
'aw and, as directed by the Board, recommend changes to the pension ordinance
aad procedures necessary to comply with taw;
F. Draft amendments to the pension ordinance as directed by the Board;
G. Represent the Board. PAC or other body as directed by the Board in litigation arising
out of administration of the pension plan.
H. Perform other services as directed by the Board.
C. QUALIFICATIONS AND OTHER FACTUAL INFORMATION
(1) Firm Qualifications
A. Indicate size of firm, organizational structure, location of offices, location of relevant
attorneys/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 area of public pension law, including
representation of local government 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 computerrinternet/e-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 clients.
E. Include the capability of your firm to hold harmless, indemnify and defend the Plan
for
Request For Proposals For Pension Attorney Services 2
RFP 15.03
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The Plan 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 Plan's own negligence.
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.
'rte Amount
Professional Liability $2,000,000
Comprehensive or commercial General Liability $500,000
Comprehensive or business Automobile Liability $500,000
Workers' Compensation Coverage as imposed by State Law $Statutory
Employers Liability $100,000/$100,000/$500,000
(2) The proposer comprehensive general liability policy shall include contractual 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 Plan. Prior to commencing any work
under this contract, certificates evidencing the maintenance of said insurance shall
be furnished 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, return receipt requested, to the City's Risk Management Division
Office.
(5) The Plan 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 pruvide 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 Plan. The proposer's deductible/Self-
insurance retentions (SIRs) shall be disclosed to the Plan and may be disapproved
by the Plan. They shall be reduced or eliminated at the option of the Plan. The
proposer is responsible for the amount of any deductible or SIR.
(7) Except for workers' compensation and professional liability insurance, the proposer's
insurance policies shall be endorsed to name the Plan as an additional insured to the
extent of the Plan's interest
(8) Insurance required of the proposer or any other Insurance carried by the proposer
shall be considered primary and any insurance of the Plan shall be considered
Request For Proposals For Pension Attorney Services 4 RFP 15.03
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REQUEST FOR PROPOSAL 15-03
FOR
PENSION ATTORNEY SERVICES
BID OPENING DATE: FEBRUARY 14, 2003 AT 4:00 P.M..
MAIL PROPOSALS TO: GEORGE MCKIBBEN
MUNICIPAL SERVICES BUILDING
100 SOUTH MYRTLE AVENUE (3RD FLOOR)
CLEARWATER, FLORIDA 33756
1
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RFP 15-03
CITY OF CLEARWATER, FLORIDA
REQUEST FOR PROPOSAL FOR PENSION ATTORNEY SERVICES
A. INTRODUCTION/BACKGROUND
The Trustees of the City of Clearwater Employee's Pension Plan (hereinafter "Plan") is requesting
proposals from qualified firms of pension attorney services in providing legal and other related
services to the Plan. A Selection Committee of five (5) members (hereafter "RFP Committee")
has been formed to facilitate the selection process.
The Plan is a contributory, defined benefit pension plan for eligible City employees. Members
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, but no less than
7.0% of pay. This Plan includes a disability retirement provision for members who become
disabled.
The Employees' Pension Plan is governed by the five members of the Clearwater City
Commission who serve as the Plan's Trustees. The Trustees have final authority and control
over the administration of the plan. Except to the extent otherwise required by law or by this plan,
the decision of the trustees in matters within their jurisdiction shall be final, binding and conclusive
upon the employer, the committee, each employee and beneficiary, and every other Interested or
concerned person or party. The trustees may appoint such actuaries, accountants, professional
investment counsel, legal counsel, specialists, third party pension administrators, and other
persons that they deem necessary and desirable in connection with the administration of this plan
or to assist them in the performance of their duties as trustees. The trustees are authorized to pay
for such services from the pension fund.
In addition, there is a pension advisory committee (PAC) comprised of seven persons. The
committee has the authority to:
1) Arrange for the necessary physicians and medical examinations required under this plan.
2) Investigate and recommend to the trustees, in conjunction with the actuaries, such
mortality/service and other tables as shall be deemed necessary for the operation of the
plan.
3) Make recommendations to the trustees for improvements or changes in the plan.
4) Receive all applications for benefits under this plan and determine all facts that are
necessary to establish the right of an applicant to benefits under the plan.
5) Prepare and distribute to the participants information relating to the plan.
6) Investigate and determine the eligibility of participants for disability pension.
7) Submit recommendations to the trustees as to rules, procedures, forms and general
administrative procedures relating to the responsibilities of the committee.
8) Review and recommend to the trustees such benefits or relief to be provided to a
participant under the plan.
The City is a City Manager/Commission form of local government, which offers a traditional mix of
Municipal services to a population of approximately 109,000.
The City employs approximately 1,800 persons, over 1500 of whom are members of the
Employee Pension Plan. The Plan assets had a market value of $442 million as of January 1,
20,32.
Rermiest For Proposals For Pension Attorney Services 1 RFP 15.03
J
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 Attorney to serve as counsel to the Board and 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 (Board), Pension Advisory Committee
(PAC), and other meetings as dctarmined necessary, and provide advice to those
bodies regarding items comin, before them;
B. Perform research on legal Issues as directed by the Board and/or PAC and render
legal opinions to those bodies;
C. Provide advice to the PAC 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 PAC 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, PAC or other body as directed by the Board in litigation arising
out of administration of the pension plan.
H. Perform other services as directed by the Board.
C. QUALIFICATIONS AND OTHER FACTUAL INFORMATION
(1) Firm Qualifications
A. Indicate size of firm, organizational structure, location of offices, location of relevant
attorneys/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 area of public pension law, including
representation of local government 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/interneUe-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 clients.
E. Include the capability of your firm to hold harmless, indemnify and defend the Plan
for
Request For Proposals For Pension Attorney Services 2
RFP 15-03
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) Qualifications of Personnel to be Assigned
A. Provide resumes of the personnel who would be directly involved in performing
services for the Plan, including but not limited to:
(1) Formal and supplemental education;
(II) Experience in performing pension attorney services and consultation
regarding employee benefit programs including governmental client names
where possible
(111) Knowledge of State of Florida regulatory requirements applying to municipal
pension plans;
(IV) Memberships in professional organizations; and
(V) Professional recognition and awards
B. 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.
C. For each attorney, give an Indication of the extent of his or her availability.
(3) 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 hourly 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.
B. Provide full information on the method used to bill expenses that are expected to be
paid by the Plan as part of this contract. Include expected travel costs, per diem,
meals, copy, phone, fax, or any other cost that will be billed to the Plan.
D. INDEMNIFICATION AND INSURANCE REQUIREMENTS
indemnification:
The proposer shall hold harmless, indemnify and defend the Plan, 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.
Request For Proposals For Pension Attorney Services 3 RFP 15-03
..1
The Plan 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 Plan's own negligence.
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
Professional Liability $2,000,000
Comprehensive or commercial General Liability $500,000
Comprehensive or business Automobile Liability $500,000
Workers' Compensation Coverage as Imposed by State Law $Statutory
Employers Liability $100,000/$100,000/$500,000
(2) The proposer comprehensive general liability policy shall include contractual 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 Plan. Prior to commencing any work
under this contract, certificates evidencing the maintenance of said insurance shall
be furnished 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, return receipt requested, to the City's Risk Management Division
Office.
(5) The Plan 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 Plan. The proposer's deductible/Self-
insurance retentions (SIRs) shall be disclosed to the Plan and may be disapproved
by the Plan. They shall be reduced or eliminated at the option of the Plan. The
proposer is responsible for the amount of any deductible or SIR.
(7) Except for workers' compensation and professional liability insurance, the proposer's
insurance policies shall be endorsed to name the Plan as an additional insured to the
extent of the Plan's interest
(8) Insurance required of the proposer or any other Insurance carried by the proposer
shall be considered primary and any insurance of the Plan shall be considered
Request For Proposals For Pension Attorney Services 4 RFP 15-03
excess as may be applicable to claims under any contract or agreement between
Plan and proposer.
(9) Any party providing services or products to the Plan will be expected to enter into a
written agreement contract, or purchase order with the Plan 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 Plan, disqualify any party from performing services or selling
products to the Plan provided however, the Plan reserves the right to waive any such
requirements.
(10) It 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.
E. RFP TIMETABLE
The anticipated schedule for the RFP and contract approval is as follows:
RFP available for distribution
Deadline for receipt of questions
Deadline for receipt of proposals
Evaluation / Selection process:
Review of proposals
Selection of Candidates to make presentations
Oral Presentations and Final Ranking
Begin contract negotiations
Review of Contract by PAC
Recommendation to Pension Trustees
F. RFP AVAILABILITY
January 6, 2003
February 7, 2003
February 14, 2003, 4:00 p.m.
Week of February 24, 2003
Week of February 24, 2003
Thursday, March 13, 2003
Thursday, March 13, 2003
Thursday, April 10, 2003
Monday, April 14, 2003
Copies of the RFP are available by contacting George McKibben at (727) 562-4634, or by
visiting the Purchasing Division located at the Municipal Services building, P Floor, Finance
Department, 100 South Myrtle Avenue, Clearwater, Florida 33756-5520
G.. 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
Request For Proposals For Pension Attorney services $
RFP 15-03
opening time of 4:00 p.m., EDT, on Friday, February 14, 2003. 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 Plan shall not,
under any circumstances, be responsible for delays caused by the Untied State 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
company's corporate seal to the Proposal. In the absence of a corporate seal, the Proposal
must be notarized by a Notary Public.
The submittal of a proposal by a preparer will be considered by the Plan as constituting an
offer by the Proposer to perform the required services at the stated fees. The 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 15-03
To be opened at 4:0012M, EDT, February 14, 2003"
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 returned 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 Plan 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.
H. INQUIRIES AND ADDENDA
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
concerning 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 proposer'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.
Questions may be sent via e-mail to gmckibbe®cearwater-fl.com.
The Plan 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
Request For Proposals For Pension Attorney Services RFP 15-03
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.
1. LATE PROPOSALS, LATE MODIFICAITONS, 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.
J. COSTS INCURRED BY PROPOSERS
All expenses Involved with the preparation and submission of proposals to the Plan, 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 Pension
Trustees.
K. 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 Plan). 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.
L. 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 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
Plan a meaningful opportunity to evaluate and rank proposals.
Where exceptions are permitted, the Plan shall determine the acceptability of the proposed
exceptions and the proposals will be evaluated based on the proposals as submitted. The
Plan, after completing evaluations, may accept or reject the exceptions. Where exceptions are
rejected, the Plan may request that the Proposer furnish the services or goods described
herein, or negotiate an acceptable alternative.
M. NEGOTIATIONS
The Plan 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 Plan reserves the right to enter into contract negotiations with the selected proposer. If
the Plan and the selected proposer cannot negotiate a successful contract, the Plan 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 Plan arising from such negotiations.
Request For Proposals For Pension Attorney Services 7 RFP 15-03
r'
N. 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.
0. 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, Stato and local laws, ordinances, codes and
regulations that may in any way affect the services offorod.
P. GENERAL
The evaluation and ranking of all competitive proposals received shall be accomplished
utilizing the criteria described in this Section..
0. COMPLETENESS OF COMPETITIVE PROPOSALS
Following the receipt of competitive proposals, the Pension Plan shall review all proposals
with respect to completeness and conformance with the Inslructlonn and requirements
specifically indicated in this RFP. Proposals which are doomed Incomplete and/or non-
conforming with instructions and requirements of this RFP may not be given further
evaluation. The Plan 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 Plan.
R. NO CORRECTIONS
Once a competitive proposal Is submitted, the Pension Plan shall not accept any request by
any proposor to correct errors or omissions In any calculations or competitive price submitted.
S. OPENNESS OF PROCUREMENT PROCESS
Written competitive proposals, other submissions, correspondence, and all records made
thereof, as well as negotiations conducted pursuant to this RFP, shall be handled in
compliance with Charters 119 and 286 Florida Statutes. The Plan gives no assurance as to
the confidentiality of any portion of any proposal once submitted.
T. NO COLLUSION
By offing a submission to the RFP, the proposer certifies the proposer has not divulged to,
discussed or compared his/her competitive proposal with other proposers and has not
colluded with any other proposer or parties to this competitive proposal whatsoever.
U. IMFORMATALITY WAIVERIREJECTION OF BIDS
The Pension Plan reserves the right to reject any or all responses and to waive any
irregularity, variance or informality whether technical or substantial in nature, in keeping with
the best interests of the Plan.
V. 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.
Request For Proposals For Pension Attorney Services 8 RFP 15.03
Knowledge of Florida public pension law, including successful experience
representing local government pension plans in Florida.
(2) Responsiveness and completeness of the written proposal to these instructions
with regard to scope of services and qualifications of the firm.
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 and cost 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
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, cost, education of and presentation to governing bodies.
it
Request For Proposals For Pension Attorney Services 9 RFP 15-03
PROPOSAL
FOR LEGAL SERVICES
PENSION ATTORNEY
CITY OF CLEARWATER
EMPLOYEES' PENSION PLAN
Robert D. Klausner, Esquire
KLAUSNER & KAUFXAN, P.A.
10059 N.W. 1i° Court
Plantation, Florida 33324,
Telephone: (954) 916-1202
FAX: (954) 916-1232
SECTION 1
LETTER OF INTEREST
I -
pqw?k .
Klausner r<b} Kaufman
I1R0IIaSi&,-%1 1SSOCIA11 N
AI RN F.;SAl L0
Writer's e-mail: bob@robertdklausner.com
February 4, 2003
Mr. George McKibben
City of Clearwater
Municipal Services Building
100 South Myrtle Avenue
Y1 Floor
Clearwater, Florida 33756-5520
Re: City of Clearwater Employees' Pension Plan
Dear Mr. McKibben:
We are pleased to enclose our proposal to provide legal services to
the City of Clearwater Employees' Pension Plan. Accompanying this
letter is a full proposal setting forth the qualifications of the
members of the firm and a description of the services which we
perform.
We believe our extensive experience in the representation of local
government retirement systems throughout the United States makes us.
uniquely qualified to fulfill this important appointment.
We are honored to have the opportu to submit this proposal and we
look forward to hearing from yo soon
%;Ve truly yours,
RDK:ldm
ROBERT A. KMUSNER
10059 NORTHWEST 1ST COURT, PLANTATION, FLORIDA 33324
PHONE: (954) 916-1202 9 FAX: (954) 916-1232
www.robertdkinusner.com
ift
SECTION 2
NAMES, QUALIFICATIONS AND EXPERIENCE OF ALL PERSONS
IN THE FIRM WHO WILL PERFORM SPECIFIED SERVICES
KLAUSNER & KAUFMAN, P.A.
10059 N.W. 1" Court
Plantation, Florida 33324
Telephone: (954) 916-1202
Fax: (954) 916-1232
ROBERT D. KLAUSNER: Born Jacksonville, Florida, December 20, 1952;
admitted to Bar 1977, Florida; 1977, U.S.
District Court, Southern District of Florida;
1978, U.S. Court of Appeals, Fifth Circuit;
1981, U.S. Court of Appeals, Eleventh Circuit;
1997, U.S. Court of Claims;
1998, U.S. Court of Appeals, Eighth Circuit;
2000, U.S. Supreme Court;
2000, U.S. Court of Appeals, Sixth Circuit.
Education: University of Florida (B.A. with honors, 1974);
University of Florida College of Law (J. D., 1977).
Adjunct professor, Nova University Law School (1987 -
current) ; adjunct professor, New York Institute of
Technology, School of Labor Relations (1999-present) ;
instructor, Florida State University Center for
Professional Development and Public Service (1980
present); instructor, International Foundation of
Employee Benefit Plans (1986 - present); instructor,
National Conference on Public Employee Retirement
Systems (1987 - present) ; instructor, Public Safety
Officers Benefits Conference (1988 - present);
instructor, Labor Relations Information Systems (1990
- present) ; instructor, National Education Association
Benefit Conferences (1989 - present) ; instructor,;
instructor, Florida Division of Retirement Pension
Trustees School (1980 - present);
Member: The Florida Bar; American Bar Association; Phi Beta
Kappa; Phi Kappa Phi.
Publication: Co-Author, State and Local Government Employment
Liability, West Publishing Co.
STUART A. KAUFMAN: Born Queens, New York, March 21, 1965; admitted
to Bar 1990; The New York Bar 1990; The Florida
Bar 1993; United States District Court, Southern
District of Florida 1993; United States Court of
Appeals, Eleventh Circuit, 1998.
Education: State University of New York at Binghamton (B.A.
1986); University of Miami School of Law (J.D. 1989).
Member: The Association of the Bar of the City of New York; The
Association of the Bar of the State of New York; The
Florida Bar; American Bar Association.
ADAM P. LEVINSON: Born Brooklyn, New York, July 11, 1970
Admitted to the Bar 1995; Florida, 1995;
United States District Court, Southern
District of Florida 1996; United States Court of
Appeals, Eleventh Circuit, 1999.
Education: University of Michigan (B.A. 1992 with high honors);
University of Miami (J. D. 1995 with high honors);
University of Miami Law Review, Articles and Comments
Editor.
Member: The Florida Bar; The American Bar Association; Order of
the Coif.
A. SIZE AND STRUCTURE OF THE FIRM
The law firm of Klausner & Kaufman, P.A., is a three lawyer firm
specializing exclusively in the representation of public employee
retirement systems and related employment law matters. The firm is
composed of three lawyers and four clerical/paraprofessional
employees.
The firm's records are fully computerized utilizing both Word
and WordPerfect word processing systems. All records are backed up
electronically and by hard copy to insure security of client
information.
As a result of our substantial involvement on a national level
in public employee retirement matters, we have developed a unique and
comprehensive research system enabling us to readily access the law
in all 50 states and on the federal level in this unique area of
specialty.
By limiting our practice to the area of public employee
retirement and related employment issues, we are able to keep a focus
on changing trends in the law that more general practitioners would
consider a luxury.
B. BACKGROUND OF THE FIRM AND INDIVIDUALS AS RELATES TO PUBLIC
! PENSION LAW
The law firm of Klausner & Kaufman, P.A., is among the highly
regarded in the country in the area of public pension issues.
The firm is frequently called upon as an educational consultant
by state and local governments throughout the United States on some
of the newest and most sophisticated issues involving public
retirement systems. The examples of those areas are:
A. Legislative Draftina.
The firm provides services to dozens of public employee
pension plans throughout the United States in the area of plan review
and legislative drafting. On both the state and local level,
statutes and ordinances are reviewed for the purposes of maintaining
compliance with current and pending Internal Revenue Code Regulations
affecting public plans, as well as compliance with provisions of
Florida Statutes. When benefit changes occur we prepare all
necessary legislative drafts and appear before the appropriate
legislative body to answer questions concerning those drafts.
B. Fiduciary Education.
The primary duty of a pension fund lawyer is to ensure that
the trustees do not do the wrong thing. It is our practice to
prepare for all of the boards of trustees which we represent, trustee
handbooks which explain the general principles of fiduciary
responsibility, as well as more specific principles regarding voting
conflicts, compliance with open meeting laws, conflict of interest
laws, etc. We regularly apprise the boards of trustees through
newsletters, memoranda and other vehicles of changes in the law, both
legislatively and judicially, which impact upon their duties. We
also conduct training workshops to improve the trustees' skills in
conducting disability and other benefit hearings. As a result of our
regular participation and educational programs on a monthly basis,
all of the materials prepared as speaker materials for those programs
are distributed without additional charge to our clients.
Our firm provides its clients, at no cost, an annual pension
education conference held in South Florida. This national event
draws internationally known legal and financial experts and is
attended by more than 200 trustees and administrators from throughout
the United States.
C. Administrative Rule Making.
It has been our experience that boards of trustees find
themselves in litigation because of inconsistency in the
administration of the fund. Accordingly, we have worked with our
trustee clients in developing rules and regulations for the
administration of the trust fund. The development of these
administrative rules ensures uniformity of procedure and guarantees
the due process rights of persons appearing before the board. They
also serve to help organize and highlight those situations in which
the legislation creating the fund may be vague or incomplete. By
utilizing rule making powers, the board of trustees can help give
definition and more practical acplication to sometimes vague
legislative language.
D. Legal Counseling.
In the course of its duties, the board of trustees will be
called upon from time to time to interpret various provisions of the
ordinance or statute which governs its conduct. The board will also
be presented with various factual situations which do not lend
themselves to easy interpretation. ?:s a result, counsel to the board
is responsible for issuing legal opinions to assist the trustees in
performing their function in managing the trust. It is our practice
to maintain an orderly system of the issuance of legal opinions so
that they can form part of the overall body of law that guides the
trustees. As changes in the law occur, it is our practice to update
those legal opinions to ensure that the subjects which they cover are
in conformance with the current state of the law.
We have done considerable work in advising plans of the
impact of Internal Revenue.Code provisions on the plan, including
compliance with Section 401(a) qualification rules and Sections 415
and 401(a)17 limitations. This work is enhanced by our role as
general counsel of the National Conference of Public Employee
Retirement Systems. This role involves us on a daily basis with
issues concerning tax legislation.
E. Litigation.
Despite the best efforts and intentions of the staff and
trustees, there will be times when the pension fund finds itself as
either a plaintiff or defendant in a legal action. We have
successfully defended boards of trustees in claims for benefits,
actions regarding under-funding, securities matters and alleged
failure of plan fiduciaries to fulfill their responsibilities to the
trust. The lawyers in the firm have not only substantial state and
federal court trial experience, but regularly argue complex appellate
matters on both the state and federal levels. We pride ourselves on
the vigorous representation of our clients while maintaining close
watch on the substantial costs that are often associated with
litigation.
SECTION 3
NAME OF THE INDIVIDUAL ATTORNEY
WHO WILL BE ASSIGNED RESPONSIBILITY FOR THIS ACCOUNT
SECTION 3
NAME OF THE INDIVIDUAL ATTORNEYS
WHO WILL BE ASSIGNED RESPONSIBILITY FOR THIS ACCOUNT
Robert Klausner is the principal of the firm and has been
practicing in the area of public employee retirement systems since
1977.
Robert Klausner is an honor's graduate of the University of
Florida and the University of Florida College of Law.
Robert Klausner is a former Assistant City Attorney for the City
of Miami, during which time he was solely responsible for providing
legal services to the city's billion dollar retirement system.
Since 1979, Robert Klausner has been in private practice
representing public employee retirement plans and engaged in
representation in public employee and employment relations issues.
In addition to the active practice of law, Robert Klausner is a
professor of labor and employment relations at Nova University Center
for the Study of Law in Fort Lauderdale. He has been an adjunct
member of the faculty of this ABA accredited law school since 1987.
Robert Klausner's expertise as an instructor has also been
solicited on the national level. Robert Klausner is a regular and
continuing faculty member on areas involving fiduciary responsibility
and the legal issues involving public employee pension plans for the
International Foundation of Employee Benefit Plans, the National
Conference of Public Employee Retirement Systems, the Public Safety
Officers Benefits Conference, the National Education Association and
the American Arbitration Association. In addition, Robert Klausner
has been retained from time to time to perform educational seminars
for both labor and management throughout the United States. Robert
Klausner has been on the faculty of Florida State University and the
Florida Division of Retirement since 1980, educating trustees of
Florida's 400 police and fire retirement plans. He has performed
similar educational forums for the Pennsylvania State Teachers'
Retirement System, the Combined Municipal Pension Plans of the State
of Massachusetts, the Wisconsin State Retirement System, the Missouri
State Retirement System, Texas Public Employee Retirement Systems,
Minnesota Retirement Systems and numerous municipal retirement
systems.
Mr. Klausner is one of the principal authors of Florida's Public
Employee Retirement Income Security Act, as well as having drafting
legislation for the City of Miami Police and Fire Retirement System,
the City of Miami General Employees' Retirement Plan, the City of
Jacksonville, Florida Police and Fire Retirement System, and dozens
of other plans throughout the United States.
Robert Klausner is a member of Phi Beta Kappa, Phi Kappa Phi and
Florida Blue Key. He is listed in the current edition of The Best
Lawyers in America. Mr. Klausner is rated "AV", the highest
designation given by the Martindale-Hubbell Lawyer Rating Service.
Mr. Klausner will be working closely with Adam Levinson and
Stuart Kaufman to provide a team approach to the Fund's needs. The
person primarily responsible for attendance at Board meetings will be
Adam Levinson. All legal opinions, pleadings and other important
legal documents will be reviewed and signed by Robert Klausner. All
litigation will be handled by Mr.. Klausner.
SECTION 4
' AVAILABILITY OF RESOURCES
AND
FAMILIARITY WITH THE FUND
SECTION 4
AVAILABILITY OF RESOURCES
AND
FAMILIARITY WITH THE FUND
our firm has always prided itself on the fact that our
experience not only makes us the best, it often makes us the fastest.
Because of our substantial involvement in public employee
retirement issues, we have encountered many of the issues likely to
arise in the City of Clearwater. Employees' Pension Plan. As a result
of that broad experience, we have found that work previously done for
other clients can often be used for the benefit of new ones.
In ensuring an expeditious response to client needs, we will
not, however, sacrifice quality or accuracy. To simply promise a
quick response doesn't always ensure the correct response. While
timely attention to client needs is always a substantial concern, the
primary consideration is that the legal advice that we give our
clients be complete and be correct.
Since 1979, this office has served as legal advisor to numerous
Florida public safety plans. This familiarity with the applicable
state and federal laws and a long working relationship with the State
Division of Retirement means that there will be no "learning curve"
required to be able to provide the Board with the services it needs
at the level it deserves.
No other law firm in Florida has the depth of experience in
dealing with local pension issues as does Klausner & Kaufman,. P.A.
,.1
SECTION 5
REPRESENTATIVE PENSION CLIENT LIST
Anchorage Police & Fire Retirement System
Austin, TX Employees Retirement System
Boynton Beach, Florida Firefighters' Pension Fund
Boynton Beach, Florida General Employees Pension Plan
Bridgeport, Connecticut Police and Fire Pension Plan
Charleston, West Virginia, Firemen's Pension & Relief Fund
Cooper City, Florida Employees Retirement System
Coral Springs, Florida Firefighters' Pension Plan
Town of Davie, Florida Firefighters' Pension
Town of Davie, Florida Police Pension
Deerfield Beach, Florida Police Pension
El Paso, Texas Police and Fire Retirement System
Fairfax County, Virginia Uniformed Retirement System
Ft. Lauderdale Police Health Insurance Trust
Ft. Lauderdale Retired Police And Firefighters' Assn.
Hallandale, Florida Police and Fire Pension Fund
Hialeah, Florida Police Pension Fund
Houston, Texas Firemen's Relief & Retirement Fund
International Assn. Of Firefighters Retirement Plan
Jacksonville, Florida General Employees Pension Plan
Jacksonville, Florida Police and Fire Pension Fund
Kentucky Retirement System
Key West, Florida General Employees' Pension
Key West, Florida Police and Fire Retirement Plan
Lake City, Florida Police Pension Plan
Lake Worth, Florida Firefighters' Pension
Laredo, Texas Firefighters Retirement System
Lauderhill, Florida General Employees Retirement System
Lauderhill, Florida Managerial Retirement Plan
Lauderhill, Florida Police Officers Retirement System
Lincoln, Nebraska Police and Fire Pension System
Los Angeles, California Water & Power Employees' Retirement Plan
Louisiana Firefighters Retirement System
Louisiana School Employees Retirement System
Louisiana Sheriffs Pension Fund
Maitland, Florida Police and Fire Pension Plan
City of Miami General Employees' & Sanitation Employees'
Retirement Trust
City of Miami Police Relief and Pension Fund
Minneapolis, Minnesota Fire Department Relief Association
Miramar, Florida General Employees Pension Plan
Miramar, Florida Police Officers Pension Plan
Missouri State Retirement System
Missouri Local.Government Retirement System
Missouri School Employees Retirement System
National Conference on Public Employee Retirement Systems
National Conference on Public Employee Retirement Systems
Irrevocable Trust
Oakland Park, Florida Police and Fire Retirement System
Ocala, Florida Firefighters Retirement System
Parish of East Baton Rouge Retirement System
Parkland Retirement Plans
Pembroke Pines General Employees Pension Plan
Pembroke Pines Managerial Retirement Plan
St. Louis Police Retirement System
San Antonio Police and Fire Retirement Fund
San Diego Employees Retirement System
Sarasota Retired Firefighters' Association
Springfield, Missouri Retirement Fund
Sunrise, Florida Firefighters' Pension
Sunrise, Florida General Employees Retirement Plan
Tarpon Springs, Florida General Employees Pension Plan
Texas Municipal Retirement System
Vero Beach Firefighters
Washington State Legislature
Washington State Council of Firefighters
Washington State Council of Police and Sheriffs
Watertown, Massachusetts, Fire Pension Plan
West Palm Beach Employees Retirement System
West Palm Beach Golf Commission Retirement Fund
Wilton Manors, Florida Police and General Employees Pension Plan
Wilton Manors, Florida Firefighters Retirement, Plan
Wisconsin Retirement System
¦
For additional information, feel free to contact the following:
Susy Pita, Administrator
Key West Police and Fire Retirement Plan
(305) 295-1023
John Keane, Administrator
Jacksonville Police and Fire Pension Plan
(904) 346-3863
Joe Mastrangelo, Administrator
Davie Police Plan, Davie Fire Plan, Oakland Park Police and Fire
Plan, Miramar Police Plan, Miramar General Employees Plan,
Hallandale Beach Police and Fire Plan
(305) 595-4040 ext. 1503
I i
SECTION 6
BILLING
¦
SECTION 6
BILLING
Fees are structured in order to serve the needs of the client
while still providing a reasonable rate of return for the firm.
The fee for all services is billed at the, rate of $250.00 per
hour. This fee is computed on an hourly basis in 1/10th hour
increments, other than the special project fee. All billing is by
line item and with detail.
Our firm does not charge for faxes, long distance telephone or
regular postage. Copying charges are billed at the rate of $.25 per
page and overnight mail costs are billed as incurred.
Reference attendance at meetings, we would charge a flat fee of
$250.00 for travel time, plus costs for airfare and car rental. We
approximate the charges for airfare and rental car to be $200.00.
At the Board's option, a fixed rate retainer for all services
except disability hearings and litigation can be set.
777,
SECTION 7
INSURANCE
71
SECTION 7
INSURANCE
The firm maintains a $5,000,000.00 professional liability
insurance policy. It also maintains a $1,000,000.00 general
liability policy. Proof of insurance will be provided upon request.
? 1
REQUEST FOR PROPOSAL 15-03
FOR PENSION ATTORNEY SERVICES
CITY OF CLEARWATER EMPLOYEES' PENSION PLAN
Ronald J. Cohen
RONALD J. COHEN, P.A.
Andrew Jackson Building
8100 Oak Lane- Suite 403
Miami Lakes, Florida 33016
Telephone: (305) 823-1212
Facsimile: (305) 823-7778
E-mail: roncohen0bellsouth.net
iarroio0bellsouth.net
TABLE OF CONTENTS
FIRM QUALIFICATIONS AND PERSONNEL ............................................................... .. 3
SERVICES: SCOPE & IMPLEMENTATION PLAN ...................................................... .. 9
SERVICES PERFORMED FOR OTHER PENSION FUNDS ........................................ 12
THE FIRM'S METHODOLOGY ..................................................................................... 15
PROFESSIONAL MALPRACTICE INSURANCE COVERAGE ..................................... 18
FEE STRUCTURE ........................................................................................................ 19
DISCLOSURE OF LEGAL ACTION .............................................................................. 21
CONFLICTS OF INTEREST ......................................................................................... 22
REPRESENTATIVE LECTURE LIST ............................................................................ 23
CERTIFICATE OF SUBMISSION ................................................................................. 26
FIRM RESUMES ........................................................................................................... 27
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FIRM QUALIFICATIONS AND PERSONNEL
Ronald J. Cohen, P.A., is a professional association. It is engaged exclusively
in the practice of law, specializing in public pension law, fiduciary duties, employee
rights and benefits, governmental law and litigation. The law firm includes two highly
experienced attorneys, a paralegal, and three support personnel.
The law firm was started in 1997 by Mr. Ronald Cohen. The Firm's success is
a direct result of Mr. Cohen's experience, built on many years of private practice with
various entities, his extensive network of business relationships, the quality of the
Firms' employees, the overall commitment to providing high quality legal services to
its clients, and its extensive litigation and trial experience. The Firm's attorneys have
tried in excess of 40 jury trials to verdict. The Firm has a significant client base, and is
__ well recognized in all of its practice areas.
The Firm has both Internet access and E-mail through which it regularly
communicates with clients. . The law firm subscribes to Westlaw, an online legal
research database. In addition, the Firm's office is located close to the law libraries of
several major law schools, and the Firm utilizes those libraries extensively. In
addition, because of the Firm's experience in the area of public pension law, the Firm
has organized legal research files on issues that commonly arise with public
employee pension funds.
Ronald J. Cohen has been engaged in the practice of law for approximately
twenty-five years, being admitted to the bar in 1977. Mr. Cohen received his Bachelor
of Arts degree, Cum Laude, in 1973 from University of Florida, and his Juris Doctor in
-3-
1976 from the University of Miami. He is admitted to the Florida Bar, the Montana
I Bar, the Bars of the United States District Court for the Southern District of Florida, the
United States District Court for the Middle District of Florida, the United States Court
of Appeals for the Eleventh Circuit, and the United States Court of Appeals for the
Fifth Circuit. Additionally, Mr. Cohen is a member of the American Bar Association,
including sections on Labor and Employment Law and Litigation; American Trial
Lawyers Association; and the Florida Bar's Sections on Labor and Employment Law
and Local Government Law. Mr. Cohen has attained the AV rating in the Martindale-
Hubbell Law Directory, signifying that he is considered by his peers to be preeminent
in his field and of the highest ethical standards. It is the highest rating available to
attorneys. He is also a member of Who's Who in American Law and Who's Who In
The World. Mr. Cohen has been approved by the Florida Bar Board of Legal
Specialization and Education to be certified in Labor and Employment Law. This
certification will be bestowed on Mr. Cohen on June 1, 2003.
Ronald Cohen has been practicing law in the areas of public pension, labor law
and local governmental law since 1979. He is a former Assistant City Attorney for the
City of Miami, where he served as counsel to the City's Retirement Systems. While
employed as an Assistant City Attorney, Mr. Cohen gained experience in municipal
law, including public records and open meetings laws. Mr. Cohen also gained
considerable experience in litigation and fiduciary rights and responsibilities. After
leaving the City of Miami Attorney's Office, Mr. Cohen was employed as an attorney
with the prestigious commercial law firm of Paul, Landy, Beiley and Harper, P.A. in
Miami, Florida, where he continued his practice in fiduciary rights and responsibilities
A-
and complex commercial litigation. Thereafter, Mr. Cohen was an attorney and
member of the South Florida law firms of Atkinson Jenne Diner Stone Cohen &
Klausner, P.A. and Klausner & Cohen, P.A. In September 1997, Mr. Cohen departed
Klausner & Cohen, P.A. and founded the firm of Ronald J. Cohen, P.A., Attorneys at
Law.
Mr. Cohen has always maintained an active litigation practice. While Mr.
Cohen was engaged at the Miami City Attorneys Office, and at Paul, Landy, Beiley
and Harper, Mr. Cohen was intimately involved with a major, complex class action
involving the funding and administration of the City's pension systems, City of Miami
v. Gates, 393 So. 2d 586 (Fla. 3d DCA, 1981). Mr. Cohen was also counsel of record
in several other public pension cases: City of Miami v. Board of Trustees of the City of
Miami Employees' Retirement System, 414 So. 2d 26 (Fla. 3d DCA, 1982); Coleman
v. City of Hialeah, 525 So. 2d 435 (Fla. 3d DCA, 1988); and Starling v. Jacksonville
Police and Fire Pension Fund, 656 So. 2d, 289 (Fla. 1 st DCA, 1995.) In Starling, he
successfully represented a pension fund in a lawsuit that alleged that retirement
benefits had not been properly calculated. Mr. Cohen has litigated many cases
concerning Chapters 175 and 185, Florida Statutes, which apply to fire or police
plans, respectively. He has handled numerous administrative matters before the
Division of Administrative Hearings and the Commission on Ethics.
Ronald Cohen serves as general counsel to numerous public pension funds.
Mr. Cohen is the General Counsel of the Florida Public Pension Trustees Association
("FPPTA"), a not-for-profit association dedicated to the education of Florida public
-5-
pension trustees. Mr. Cohen is certified by the FPPTA as a Certified Public Pension
Trustee.
Mr. Cohen regularly lectures on subjects such as Deferred Retirement Option
Plans ("DROP"), disability law, and fiduciary responsibility and has lectured for several
national organizations, such as the Institute for International Research and
Information Management Network. He has lectured several times at the Guns &
Hoses conferences that focus on public safety officers' pension issues.
Jose J. Arrojo is an accomplished litigator and trial lawyer. He has been
engaged in the practice of law for approximately 15 years, being admitted to the bar in
1988.
Mr. Arrojo received his Bachelor of Science in Education degree, Cum Laude,
in 1985 from the University of Miami, and his Juris Doctor in 1987 from the Florida
State University. While in law school, Mr. Arrojo was an intern to the Office of the
State Attorney, Miami, Florida, and the Office of the United States Attorney, Northern
District of Florida, Tallahassee. He is admitted to the Florida Bar and the Bars of the
United States District Court for the Southern District of Florida and the United States
Court of Appeals for the Eleventh Circuit. Additionally, Mr. Arrojo is a member of the
American Bar Association and the Florida Bar's sections on Labor and Employment
Law, Local Government Law, and Criminal Law.
Mr. Arrojo is a former Assistant State Attorney with the Office of State Attorney,
Miami, Florida. While with the State Attorney's Office, Mr. Arrojo served in the
organized crime and public corruption section. Mr. Arrojo has extensive experience in
local government law, and labor and employment law. Mr. Arrojo was an Assistant
-6-
County Attorney in the Broward County Attorney's Office, labor and employment
litigation section. In that capacity, Mr. Arrojo regularly advised various boards and
agencies of Broward County government. He has practiced extensively in the area of
Government in the Sunshine and Public Records Law. Mr. Arrojo served as trial
counsel to the Broward County Canvassing Board in a number of lawsuits arising out
of the Presidential election of 2000. These cases include Palm Beach County
Canvassing Board v. Katherine Harris, etc., et al., 772 So. 2d 1220 (Fla. 2000) and
Palm Beach County Canvassing Board v. Katherine Harris, etc., et al., 772 So. 2d
1273 (Fla. 2000).
Both Mr. Cohen and Mr. Arrojo regularly represent public officials who are sued
for actions taken in the course and scope of their employment. The Firm has been
hired multiple times by the Miami City Commission to provide legal representation to
police officers who have been sued in their official capacities as public employees.
These cases require extensive knowledge of legal issues involving liability of public
employees for acts committed in their official capacities.
Additionally, both Mr. Cohen and Mr. Arrojo regularly advise clients in legal
matters related to disputed pension disability retirements and public pension
forfeitures. The Firm has been involved in contested pension proceedings involving
both of these areas.
Generally speaking, Mr. Cohen will be attending the meetings. The Firm has
found that it seems to work best for the client if the same attorney attends the
meetings. We believe that this adds to continuity. Mr. Arrojo will be available for
-7-
telephone consultation, legal research, writing and litigation. He will attend meetings if
Mr. Cohen is unavailable.
Scott Gallimore, a highly experienced and organized paralegal, received his
Bachelor's degree in political science and Spanish in 1987 from Indiana University,
and subsequently received a paralegal certificate with honors from Rollins College.
He is a member of the Association of Legal Administrators, as well as a member of
the South Florida Chapter Association of Legal Administrators. Mr. Gallimore, as is
Mr. Arrojo, is bilingual and fluent in Spanish. He is an experienced litigation paralegal
and assists counsel in organizing materials for courtroom presentation in large,
complicated and document intensive disputes. Mr. Gallimore also assists clients as a
liaison to the lawyers on routine matters that do not require immediate assistance of
counsel. Mr. Gallimore is experienced in assisting in the handling of pension matters.
Due to the Firm's emphasis on public pension matters, Mr. Gallimore has developed a
uniform, firm-wide system of organizing our various pension files and research
matters. This advanced methodology saves countless hours of repetitive work and
assists us in meeting the needs of our clients in the most expeditious, cost effective
manner.
-8-
SERVICES: SCOPE & IMPLEMENTATION PLAN
If selected for the position, this firm will perform or supervise all legal services
for the Board of Trustees ("Board") and the Pension Advisory Committee (the
"Committee".) Our plan for performing the work is as follows. We will initially review
the Plan documents. In reviewing the Plan, we will ascertain whether or not it is in
compliance with Chapter 112, Part VII, Florida Statutes, and Chapters 175 and 185.
We will make certain that the Public Records Law and the Florida Government in the
Sunshine Law is scrupulously observed. We will litigate all cases on behalf of the
Board and the Committee, if that is necessary. We will draft all ordinances that are to
be submitted to the City. We will negotiate and draft all contracts. We will continually
update the members of the Board and the Committee on legal issues so that they may
perform their fiduciary duties. Administrative rules will be drafted, providing for the
day-to-day handling of legal matters before the Board and the Committee. We will
issue formal legal opinions and give legal advice at the meetings. The Summary Plan
Descriptions will be updated. We will be available for telephone conferences with the
Administrator and any Board or Committee members.
A more detailed discussion of the duties we will perform is as follows:
1. Legislative Draftinq
On both the state and local level, statutes and ordinances are reviewed
for the purposes of maintaining compliance with current and pending regulations
affecting public plans. New ordinances are drafted. Mr. Cohen has extensive
experience in ordinance drafting due to his experience as a municipal and public
pension lawyer.
-9-
2. Fiduciary Education.
The primary duty of a pension fund lawyer is to ensure that the trustees
do not do the wrong thing. We regularly apprise the boards of trustees of changes in
the law, both legislatively and judicially, which impact their duties. We also conduct
training workshops to improve the trustees' and committee members' skills in
conducting disability and other benefit hearings.
3. Administrative Rule Making.
We work with our trustee clients in developing rules and regulations for
the uniform administration of the trust fund. The development of these administrative
rules ensures uniformity of procedure and guarantees the due process rights of
persons appearing before the Board or the Committee. They also serve to help
organize and highlight those situations in which the legislation creating the fund may
be vague or incomplete. By utilizing rule-making powers, the board of trustees can
help give definition and more practical application to oftentimes vague legislative
language.
4. Legal Counselinq
In the course of its duties, the Board and the Committee will be called
upon from time to time to interpret various provisions of the ordinance and statutes,
which governs its conduct. The decision makers will also be presented with various
factual situations which do not lend themselves to easy interpretation. As a result,
counsel is responsible for issuing legal opinions to assist the trustees and members of
the committee in performing their function in managing the trust.
-10-
5. Litigation.
Despite the best efforts and intentions of the trustees, there will be times
when the board finds itself as either a plaintiff or defendant in a legal action. Shortly
after Mr. Cohen started practicing law, he joined the Miami City Attorney's Office and
was assigned representation of both of its public pension plans. Those plans were
involved in litigation involving in excess of $100,000,000.00. Mr. Cohen enjoyed that
litigation very much, and throughout his career has continued to maintain an active
litigation practice. He has successfully defended boards of trustees in claims for
benefits, actions regarding under-funding and allegations of plan fiduciaries to fulfill
their responsibilities to the trust. Both Mr. Arrojo and Mr. Cohen have extensive trial
and appellate experience. The Firm prides itself on the vigorous representation of our
clients while maintaining close watch on the substantial costs that are often
iassociated with litigation.
6. Summary Plan Descriptions.
Under the terms of Chapter 112, Part VII, Florida Statutes, municipal
pension plans are required to provide their members with a plain language
explanation of their benefits and rights under the plan. We regularly prepare these
Summary Plan Descriptions that must be revised as plan provisions change. In a
system such as that in Clearwater, an explanation of varying benefits, policies and
decision making procedures utilized by the board of trustees is essential to effective
communication between the fiduciaries and the plan members whom they serve.
-11-
SERVICES PERFORMED FOR OTHER PENSION FUNDS
The Firm acts as general counsel to the following public pension funds:
City of Coral Gables Police Officers' Retirement Trust Fund
265 Sevilla Avenue
Coral Gables, FL 33134
Major Richard Naue, Chairman
Telephone: (305) 442-1600
Deerfield Beach Municipal Firefighters' Pension Fund
3880 N.W. 2"d Court
Deerfield Beach, FL 33441
Phil Gonot, Chairman
Telephone: (954) 427-5010
City of Homestead General Employees' Retirement Plan
790 N. Homestead Boulevard
Homestead, FL 33030
Mayor Roscoe Warren, Chairman
Telephone: (305) 247-1801
Retirement System for the General Employees of the
Utility Board of the City of Key West, Florida
Post Office Box 6100
Key West, FL 33041-6100
Susy Pita, Administrator
Telephone: (305) 295-1023
City of Lauderhill Firefighters' Retirement System
2000 City Hall Drive
Lauderhill, FL 33313
Ms. Barbara White, Administrator
Telephone: (954) 730-3043
City of Riviera Beach Municipal Firefighters' Pension Trust Fund
8128 Ibis Reserve Circle
West Palm Beach, FL 33412-1316
Austin Bowe, Trustee
Telephone: (561) 845-4104
-12-
City of Sanibel General Employees Retirement Plan
800 Dunlop Road
Sanibel, Florida 33957
Renee M. Lynch, Finance Director & Trustee
Telephone: (239) 472-9615
City of Starke Employees Retirement System
P.O. Drawer C
Starke, FL 32091-1287
Scott Roberts, Chairman
Telephone: (904) 964-5027
City of Starke Firefighters' Retirement System
P.O. Drawer C
Starke, FL 32091-1287
Assistant Chief Tom Rowe, Chairman
Telephone: (904) 964-7116
City of Starke Police Officers' Retirement System
P.O. Drawer C
Starke, FL 32091-1287
Chief Gordon Smith, Chairman
( Telephone: (904) 964-5400
For each of the pension plans listed above, the Firm provides the full range of
pension attorney legal services. We attend meetings of the Board of Trustees and
provide advice on the items coming before the Board of Trustees. We render legal
opinions, both in written form, and orally. We represent the Board in litigation matters.
We advise on the eligibility of applicants for disability and pension benefits. We
supervise contested disability hearings. We provide advice on Sunshine Law and
Public Records Act issues. We advise the Board concerning provisions of state and
federal pension and tax law and recommend changes to the pension ordinance and
procedures necessary to comply with the law. In this regard, we regularly draft
amendments to pension ordinances as directed by the Boards of Trustees.
-13-
As you can see, the services that we perform for these pension funds are the
full range of legal services that we propose to provide to the Board of Trustees and
the Pension Advisory Committee.
Recently, we have assisted all of the above listed Boards in drafting ordinances
to comply with complex tax law changes brought about by the GUST Amendments
and the Economic Growth and Tax Relief Reconciliation Act. We also serve as a
consultant to the Retirement Plan for Police Officers and Firefighters of the City of
North Miami Beach in connection with its adoption of DROP plans. Recently, we were
asked to render advice on disability issues to the St. Petersburg Supplemental Police
Officers Retirement System.
Recently, we were asked by the City Council of Sanibel to restate the terms of
the General Employees Plan. The Trustees of that Plan were the Council members.
We advised the Council members on the terms of the restatement. The Council then
asked us to prepare an amendment to the plan which would turn over administration
of the Plan to a Board of Trustees, composed of citizens and employees. We
successfully accomplished these tasks and we were then hired to represent its new
Board of Trustees.
-14-
THE FIRM'S METHODOLOGY
We believe that the first responsibility of an attorney for a pension fund is to
make sure that the trustees do not get into legal problems. Therefore, we have
developed a systematic methodology to make certain that the trustees can rely on our
sound legal advice.
The Firm prides itself in having the flexibility to provide legal services to each
client in a manner best suited to their needs. The Firm is aware that clients often
speedy answers to their questions and sound advice and counseling which is
given without undo delay. The Firm organizes itself so that it can respond promptly
and prides itself on its quick turn around time.
Our approach is focused on the reduction of legal risk through the following
four- step process:
Step 1: Availability
Step 2: Prevention
Step 3: Alternative Dispute Resolution
Step 4: Litigation
Availability is of primary importance in delivering quality results. We
understand that legal situations can arise at a moments notice, and having the ability
to receive specific answers to your concerns is paramount to the performance of your
unique responsibilities. Recognizing the importance of availability to the Board,
access to a Firm attorney will be available 24/71365.
Our Firm also utilizes cellular telephones and email to facilitate additional
channels of communication. The attorneys' cellular and residential telephone
-15-
numbers are provided to clients as a matter of course. The Firm makes extensive use
f of its e-mail capabilities and we prefer to receive questions on matters of a more
routine nature through e-mail. The Firm will follow-up quickly and provide its advice in
writing.
The Firm's office hours are from 9:00 a.m. to 5:30 p.m., Monday through
Friday, but customarily both its professional and support staff arrives early and stays
late.
..Reducing-or,avoiding._litigation-exposure, --i.e.-Prevention,.-is _the- ultimate design
of an effective legal services program - "An ounce of prevention is worth a pound of
cure." Our Firm's attorneys have extensive experience in designing and assisting in
the implementation of litigation risk management initiatives. The initiatives
encompass a variety of areas including drafting of sound legal documents, delivering
educational seminars, assisting in the design of compliance programs, and above all
providing expert legal guidance.
In those situations where the unforeseen does occur, the next step in the
process is Alternative Dispute Resolution. As a result of the Firm's attorneys' long-
standing and well-established local government, labor, pension and employment
litigation practice, our attorneys and staff have a recognized expertise in high stakes
negotiation, mediation, arbitration and additional dispute resolution activities. Our
main focus when disputes arise is to resolve the disagreements in a timely and cost-
effective manner.
Finally, we recognize the impossibility of eliminating all risk of Litigation. The
Firm prides itself on vigorous, aggressive representation of its clients. Both Mr. Cohen
-16-
and Mr. Arrojo are experienced litigation attorneys, appearing in both state and federal
trial and appellate courts, and they have tried in excess of forty jury trials to verdict.
¦ ?
-17-
PROFESSIONAL MALPRACTICE INSURANCE COVERAGE
(r The law firm of Ronald J. Cohen maintains a two-million ($2,000,000.00) dollar
aggregate, and one-million ($1,000,000.00) per claim malpractice policy with a five-
thousand ($5,000.00) dollar deductible. Our insurance company's AM Best Rating is
A+.
The Firm will comply with all other insurance requirements.
-18-
FEE STRUCTURE
( Until we are fully familiar with the client's needs, it is difficult to anticipate the
exact number of hours that the work will take. Therefore, we include two options in
our proposal.
Option 1: An hourly rate to perform all the legal services for the plan. We
propose the hourly rate of $200.00 per hour for attorney time, and $75.00 per hour for
paralegal time. The Firm utilizes paralegals for work that is appropriate to the
paralegal .level, _as._we believe .their_work- constitutes- .a__cost.. savings_.to the plan.
Paralegal work is in the area of information architecture, file organization and access,
Internet research and the gathering of documents. All legal research and the
analyzing of documents and legal issues is the job of an attorney. An attorney
supervises all paralegal work.
r
As to travel time, the Firm will charge one-hour travel time for each round trip.
It is approximately a 50-minute flight from Ft. Lauderdale Airport to Tampa Airport. It
is approximately 30 to 45-minute ride from the airport to the location of the pension
meetings. The costs involved in traveling are reasonable. A round-trip plane ticket is
approximately $130.00 and a rental car will cost no more than $50.00 for a single day.
Therefore, the Firm will pay all the costs of its travel. If overnight stay is required we
will bill the plan for the government rate.
Option 2: We propose to charge the flat rate of $1800.00 per month, for up to
ten hours of attorney's work. For work in excess of ten hours per month we will charge
the hourly rate of $200. The same proposal regarding travel time will apply.
Costs (Applicable to Options 1 & 2): We propose to charge $0.15 per page for
-19-
copying and for actual postage. There is no cost for in-coming or out-going faxes.
?p. The Firm subscribes to an online legal research database through Westlaw that
is fairly extensive and covers Florida state and federal laws and statutes. We will not
charge the plan for the cost of accessing the database. If however we must access
the legal research databases for other jurisdictions outside of Florida, then the cost of
that access will be charged to the plan.
We are not certain of the legal issues that presently face the plan. It is
therefore_difficult_to_estimate _what_the...yearly__charges_.wouId..be.__Our_best -estimate-is-
that charges would total approximately $36,000 per year.
If the Board of Trustees or the Committee desires a different fee arrangement,
we will be pleased to discuss other fee options.
-20-
DISCLOSURE OF LEGAL ACTION
There is no litigation or legal action, nor has there ever been, of any kind,
against Ronald J. Cohen, Esq., Jose Arrojo, Esq., or Ronald J. Cohen, P.A. No
employee affiliated with the Firm has been charged with any offense involving fraud,
theft, or dishonesty.
-21
CONFLICTS OF INTEREST
This firm has no relationship whatsoever with the City of Clearwater and we will
maintain that posture throughout the course of our relationship with the City of
Clearwater Employees' Pension Plan. The firm does not represent any employees of
the City of Clearwater or any employee organization representing Clearwater
employees.
{
-22-
REPRESENTATIVE LECTURE LIST
Educational Conference of Health Welfare & Pension Plans, Inc. - November 27, 1995
- Aventura, Florida - "Americans With Disabilities Act"
Educational Conference of Health Welfare & Pension Plans, Inc. - March 14, 1995 -
Palm Beach, Florida - "Americans With Disabilities Act"
Florida Public Pension Trustees Association Trustees School - October 3, 2001 - St.
Petersburg Beach- "DROP Plans" and "The Impact of Chapters 175, 185 and 112,
Part VII, Florida Statutes on Public Pension Plans."
Florida Public Pension Trustees Association Trustees School - January 28, 2002-
Pontre Vedre, Florida - "DROP Plans" and "The Impact of Chapters 175, 185 and
112,-Part VII,. Florida. Statutes on. Public Pension.Plans." . .
Florida Public Pension Trustees Association Trustees School - October 3, 2000 - Key
West, Florida - "DROP Plans" and "Significant Points on Deferred Retirement Option
Plans"
Florida Public Pension Trustees Associations Annual Conference - 15th Annual
Conference - June 29, 1999 - The Breakers in Palm Beach, Florida
"Extra Benefits - The Uncertainty Continues"
Florida Public Pension Trustees Associations Annual Conference - June 29, 1998 -
Fort Lauderdale, Florida - "Guaranteeing the Survival of Your Deferred Retirement
Option Plans (DROPs)"
Florida Public Pension Trustees Associations 13th Annual Conference - July 1, 1997 -
Hilton at Walt Disney World Village, Lake Buena Vista, Florida - "Controlling Disability
Payments in the Public Pension Plan"
Florida Public Pension Trustees Associations 12th Annual Conference - July 2, 1996 -
Hilton at Walt Disney World Village, Lake Buena Vista, Florida - "Controlling Disability
Payments in the Public Pension Plan"
Florida Public Pension Trustees Associations 11th Annual Conference - June 27, 1995
- Boca Raton, Florida - "Impact of the Americans with Disabilities Act on Pension
Plans"
Florida Public Pension Trustees Associations 10th Annual Conference - June 14,
1994 - "Americans With Disabilities Act - Legal Issues"
Florida Public Pension Trustees Association Trustees School - February 13, 2001 -
Destin, Florida -.,'DROP Plans"
-23-
Florida Public Pension Trustees Association Trustees School - October 3, 2000 - Key
i West, Florida - "DROP Plans" and "Significant Points on Deferred Retirement Option
Plans"
Florida Public Pension Trustees Association Trustees School - September 28, 1999 -
The Tradewinds Resort - St. Petersburg Beach - "Extra Benefits - The Uncertainty
Continues" and "DROP Plans: The Basics"
Florida Public Pension Trustees Associations Trustees School - January 18, 1999 -
Hutchison Island, Florida - "DROP Plans: The Basics "
Florida Public Pension Trustees Association Trustees School - October 5, 1998 - Key
West, Florida - "DROP Plans: The Basics"
Florida Public Pension Trustees Association Trustees School - January 26, 1998 -
Ponte Vedra, Florida - "DROP Plans: Having Your Cake and Eating It, Too?"
Florida Public Pension Trustees Association Trustees School - October 1, 1996 -
Tradewinds Resort - St. Petersburg Beach, Florida - "Controlling Disability Payments
in the Public Sector"
Florida Public Pension Trustees Association Trustees School - February 6, 1996 -
Grenelefe Golf & Tennis Resort - Haines City, Florida - "Controlling Disability
Payments in the Public Pension Plan"
Florida Public Pension Trustees Association Trustees School - October 11, 1995 - St.
Petersburg, Florida - "Controlling Disability Payments in the Public Pension Plan"
Florida Public Pension Trustees Association Trustees School - February 7, 1995 -
Tallahassee, Florida - "Americans With Disabilities Act"
Florida Public Pension Trustees Association Trustees School - September 21, 1994 -
PGA National Resort & Spa - Palm Beach Gardens, Florida - "Americans With
Disabilities Act Legal Issues"
Florida Public Pension Trustees Association Trustees School - February 2, 1994 -
"The Americans With Disabilities Act and Pensions"
Information Management Network 3`d Annual Fire & Police Pension Fund Summit -
July 1, 1998 - Lake Tahoe, Nevada - "Guaranteeing the Survival of Your Deferred
Retirement Option Plans (DROPs)"
Information Management Network 2ND Annual Institutional Investment Management
Summit - September 15, 1998 - "Information Management Network Manager &
Consultant Selection: Overseeing Fiduciary Relationships"
-24-
Institute for International Research - Conference on DROP Plans - July 13, 1998 -
San Francisco, California - "Developing and Implementing a DROP Plan to Enhance
Your Defined Benefit Plan - Advantages and Disadvantages of a DROP Plan From
the Employee's Perspective "
Institute for International Research 7th Annual Public Funds Forum - November 22,
1998 - San Francisco, California - "Developing and Implementing a DROP Plan to
Enhance Your Defined Benefit Plan - Advantages and Disadvantages of a DROP Plan
From the Employee's Perspective"
Institute for International Research - November 2, 1998 - Coral Gables, Florida -
"Developing and Implementing a DROP Plan to Enhance Your Defined Benefit Plan -
Advantages and Disadvantages of a DROP Plan from the Employee's Perspective"
Institute for International Research - Guns & Hoses - September 16, 1997 - Key West,
Florida - "DROP Plans: Having Your Cake and Eating it, Too?"
Institute for International Research - Guns & Hoses - September 16, 1996 - Amelia
Island Plantation, Florida - "Disability in the Public Safety Arena: Getting Them Back
to Work"
i State of Florida - Division of Retirement 21ST Annual Police Officers and Firefighters'
Trustee School - March 20-22, 2000
-25-
CERTIFICATE OF SUBMISSION
I HEREBY CERTIFY that the foregoing proposal was submitted by
Federal Express this 13th day of February, 2003, to Mr. George McKibben,
Municipal Services Building, 100 South Myrtle Avenue (3`d Floor), Clearwater,
Florida 33756, on behalf of Ronald J. Cohen, P.A., in response to "Request for
Proposal 15-03 For Pension Attorney Services."
Corporate Seal:
Respectfully submitted,
RONALD J. COHEN, P.A.
Andrew Jackson Building
8100 Oak Lane - Suite 403
Miami Lakes, Florida 33016
Telephone: (305) 823-1212
Facsimile: (305) 823-7778
By:
Ronald J. Cohen
President
-26-
FIRM. RESUMES
I (l->
r
-27-
RONALD J. COHEN
RONALD J. COHEN, P.A.
Andrew Jackson Building
8100 Oak Lane, Suite 403
Miami Lakes, Florida 33016
Telephone: (305) 823-1212 - Facsimile: (305) 823-7778
PERSONAL BIOGRAPHY
Born Englewood, New Jersey, December 16, 1950; admitted to Bar 1977, Florida; 1977,
U.S. District Court, Southern District of Florida; U.S. District Court, Middle District of
Florida; 1978, U.S. Court of Appeals, Fifth Circuit; 1986, U.S. Court of Appeals, Eleventh
Circuit; admitted to Montana Bar, 1992.
EDUCATION
University of Miami College of Law (J.D., 1976)
University of Florida (B.A., 1973 with honors)
EMPLOYMENT HISTORY
Ronald J. Cohen, P.A.
Klausner & Cohen, P.A.
Atkinson, Jenne, Diner, Stone & Cohen, P.A
Paul, Landy, Beiley, & Harper, P.A.
Miami City Attorney's Office, Assistant City Attorney
PROFESSIONAL MEMBERSHIP
1997 - present
1987 - 1997
1990 - 1992
1983 - 1987
1979 - 1983
Litigation Section and Labor and Employment Law Section of the American Bar
Association; Law, City, County and Local Government Law and Labor Law Sections of the
Florida Bar; Who's Who in the World; Who's Who in American Law; The Florida Bar;
American Bar Association; The Montana Bar
0
JOSE J. ARROJO
RONALD J. COHEN, P.A.
Andrew Jackson Building
8100 Oak Lane, Suite 403
Miami Lakes, Florida 33016
(305) 823-1212 • Facsimile: (305) 823-7778 • E-Mail:
iarroioa-bellsouth.net
PERSONAL BIOGRAPHY
Born Miami, Florida, March 5, 1963; admitted to Bar 1988, Florida; 2000, U.S. District
Court, Southern District of Florida; 2000, U.S. Court of Appeals, Eleventh Circuit.
EDUCATION
Florida State University, College of Law (J.D., December 1987)
University of Miami (B.S. Ed., 1985, with honors)
EMPLOYMENT HISTORY
Ronald J. Cohen, P.A.
Broward County Attorney's Office, Assistant County Attorney
Miami-Dade State Attorney's Office, Assistant State Attorney
Dade County P.B.A., General Counsel
PROFESSIONAL MEMBERSHIP
2001 - present
2000 -2001
1997- 2000
1988 - 1993
1993 - 1997
American Bar Association; Labor and Employment Law Section of the Florida Bar; The
Florida Bar.
Scott Gallimore
RONALD J. COHEN, P.A.
8100 OAK LANE, SUITE 403
MIAMI LAKES, FLORIDA 33016
TELEPHONE (305) 823-1212: FACSIMILE (305) 823-7778
PROFESSIONAL LEGAL EXPERIENCE
RONALD J. COHEN, P.A.
Paralegal
General Management: Systems Management
LEXIS-NEXIS LEGAL PUBLISHING
Account Manager/ Area Trainer
Customized Information Resource Solutions
Training and Development Skills
Account & Territory Management
WHITE & CASE, P.A.
Litigation Paralegal
(Corporate/Commercial Litigation - Federal & State Courts)
Case Management & Organization
Research & Analysis
THORNTON, DAVIS & MURRAY, P.A.
January 2002 to Present
June 1999 to April 2000
1995-1998 (Subsidiary-
Matthew Bender Publishing)
February - June 1999
1993-1995
Litigation Paralegal
(Aviation/Medical Malpractice Defense & Construction Litigation - Federal & State
Courts)
Litigation Case Management
Infonnation management
EDUCATION & LANGUAGES
Bachelor of Arts in Spanish & Political Science
INDIANA UNIVERSITY
Fort Wayne, Indiana, 1986
Honors Certificate in Paralegal Studies
ROLLINS COLLEGE
Fort Lauderdale, Florida, 1993
Laneuaees
Bilingual (English/Spanish; written and spoken)
SUGARMAN & SUSSKIND
PROFESSIONAL ASSOCIATION
ATTORNEYS AT LAW
Robert A. Sugarman*
Howard S. Susskind
David E. Robinson
Kenneth R. Harrison, Sr.
D. Marcus Braswell, Jr.
Charles A. Gibson
• Board Certified Labor
& Employment Lawyer
PROPOSAL
TO
CITY OF CLEARWATER
2801 Ponce De Leon Boulevard
Suite 750
Coral Gables, Florida 33134
(305) 529-2801
Broward 327-2878
Toll Free 1-80D-329-2122
Facsimile (305) 447-8115
GENERAL EMPLOYEES PENSION FUND
PENSION ATTORNEY SERVICES
BY
SUGARMAN & SUSSKIND, P.A.
TABLE OF CONTENTS
General Information:
Overview ......................................................................................................... 3
Overview/Qualifications .................................................................................. 4
Fee Proposal ................................................................................................... 5
List of Municipal Pension Fund Clients........................................................... 7
Attorney Resumes .................. .......................... .............................................. 9
Contact Persons .............................................................................................. 11
Signature Page ................................................................................................ 12
2
BRIEF OVERVIEW
Sugarman & Susskind is the law firm that can provide the necessary experience and
expertise to the Board of Trustees. Our firm of six attorneys represents over 70 local and national
pension funds in both the public and private sectors. Sugarman & Susskind provides personalized
and timely service to all its clients. The firm is fully computerized with its own server and internal
network with complete access to legal research databases.
Bob Sugarman will be responsible for providing services to your Pension Trust Fund and
will perform or supervise all legal services. Bob has over 30 years of experience in public sector
pension funds and for the last 13 years has been continuously listed in The Best Lamers in
America. He is a frequent speaker at pension seminars and conferences, including those
sponsored by the Florida Public Pension Trustees Association, the International Foundation of
Employee Benefit Plans, Florida Government Finance Officers Association, the National Police
and Fire Pension Seminar, and the National Association of Police Organizations. He is a faculty
member of the International Federation's Certificate of Achievement in Public Pension program,
and is a Florida Bar Board Certified Labor and Employment Lawyer. He was elected by his peers
as a Fellow of the College of Labor and Employment Attorneys.
Bob frequently lectures on such current issues as DROP plans, early retirement incentives,
disabilities and the ADA, trustee self protection, the effect of recent federal legislation on pension
plans, and changes in state law. Sugarman & Susskind is committed to keeping your pension plan
up-to-date and keeping the trustees fully informed on all current issues.
Bob will be assisted by Ken Harrison and David Robinson. Ken is a founding director of
the Florida Public Pension Trustees Association and, during his prior career as a Miami police
officer, rose to the rank of Assistant Chief and served as a trustee and Chairman of the Miami Fire
and Police Pension Fund. David has practiced employee benefits law for seven years and
concentrates on plan design, vendor contracts and IRS compliance.
Bob will be available to attend meetings, and returns phone calls the same day. Should
there be an urgent need, all attorneys in the office are available to respond immediately.
We look forward to meeting with your Board and would very much like to serve as its
attorneys.
FIRM QUALIFICATIONS
Sugarman & Susskind is located in Coral Gables, Florida at 2801 Ponce de Leon
Boulevard and has a Fort Lauderdale branch office at 2650 Marina Mile Road (SR 84). The
travel time to Clearwater for meetings is two and a half hours, door to door.
Bob Sugarman, a Board Certified Labor and Employment lawyer and Howard Susskind,
who have worked together for 30 years and started their own firm 18 years ago, both have
extensive experience in pension and employee benefit law and, since 1989, have both continuously
been included in The Best Lawyers in America.
Bob Sugarman will be primarily responsible for providing legal services to your pension
board. He has been a member of the Florida Bar since 1972. Bob has represented pension funds
since 1972 and frequently speaks at conferences and seminars sponsored by the National
Association of Police Organizations, Florida Public Pension Trustees Association, International
Foundation of Employee Benefit Plans, The Florida Bar, Florida Government Finance Officers
Association, and the National Police and Fire Pension Seminar. Bob is a member of the National
Association of Public Pension Attorneys, the International Foundation of Employee Benefit Plans,
and the Employee Benefits Committee of the Labor and Employment Law Section of the
American Bar Association. He has published articles on the subject of pension law, speaks at
continuing education and trustee education seminars more than ten times each year, and wrote an
article published in the Stetson Law Review.
Ken Harrison, who has been a member of the Florida Bar since 1997, will also serve your
Board. Ken retired from the Miami Police Department where he rose to the rank of Assistant
Chief. He was Chairman of the City's fire and police pension fund and is a founding director of
the Florida Public Pension Trustees Association. Ken, a certified public pension trustee, regularly
lectures at the Florida Public Pension Trustees Association's trustee school, speaking on ethical
issues for the public pension trustees. Ken also has a special expertise in the Uniformed Services
Employment and Reemployment Rights Act (USERRA).
The firm has over 70 pension related clients and a list of the firm's public sector clients is
attached. The firm provides a full range of services for all pension clients, including attending
meetings, advice and counsel on all matters, litigation, administrative hearings, proceedings before
the Internal Revenue Service, City Commissions, the Florida Division of Retirement, and other
federal and state agencies, and designing and drafting pension plans, ordinances, rules and
procedures. All litigation and appeals are conducted by the firm's attorneys.
Sugarman & Susskind has expertise in the many laws which affect a Florida public pension
fund, including, the Florida Protection of Public Employees Benefits Act (Chapter 112), the public
records law, the open meetings law, the "government in the sunshine" law, the Internal Revenue
Code, the Public Employee Relations Act, and the ethics laws.
Sugarman & Susskind maintains professional malpractice coverage and general liability
coverage. If selected to provide legal services, the levels of insurance indicated in the solicitation
will be obtained, which may impact on this fee proposal. Sugarman & Susskind has not been a
party to any litigation during the past three years.
4
FEE PROPOSAL
This proposal covers the full scope of services for the City of Clearwater's General
Employees Pension Fund as requested.
Option 1: Hourly Fee. We propose a straight hourly fee of $275.00 for all services
required by your plan.
Option B: Monthly Fee. We propose a retainer arrangement of $3000.00' per
month.
The monthly fee covers all of the regular needs of your Pension Fund.
• Attendance at up to twelve (12) Trustee and Pension Advisory Committee
meetings (in person or by teleconference at the trustees' option) annually;
• Review, revise and renegotiate if needed current agreements with and review
certificates of insurance from: Investment managers, Consultant, Custodian,
Actuary, Accountant, Auditor;
• Review local plan ordinance for compliance with recent federal and state law
amendments:
Draft needed ordinance amendments revising local plan; Obtain actuarial
impact statements; Identify future improvements required by Chapter 185,
F. S.;
• Review investment policy statement: Compliance with Chapter 112.661, F.S.,
Confirm required filings;
• Review Trustee and Committee insurance coverage:
Fiduciary liability, General liability;
• Research and preparation of Special Reports;
• Annual consultation and/or educational meeting concerning new legislation or
case decisions, goal and objective development and strategic planning;
• Review and revise or draft Trustee and Committee policies and procedures:
Trustee elections, Travel and Education expenses, Proxy voting, Disability
determination and periodic review;
• Advise on compliance with relevant Florida Statutes, including but not limited
to, Florida Sunshine Laws and Public Records Acts;
• Participation in negotiations with service providers and drafting or amending
service provider agreements;
' This proposal covers attendance at 12 meetings each year. If fewer meetings are desired, the retainer proposal
%0l be reduced. Also, if «v can schedule meetings of other clients in your area and close to the times of your
meetings, the monthly retainer will be reduced to $2,750.00.
5
• Provision of written and verbal general legal opinions to the Trustees and
Committee regarding Plan and statutory interpretations (including telephone
advice);
• Legal opinions and correspondence regarding Qualified Domestic Relations
Orders and Income Deduction Orders;
• All office work connected with informal and formal disability claim
proceedings;
• All services in connection with collection of subrogation claims, excluding
litigation;
• Correspondence with members' attorneys, regulatory agencies, city, vendors
and others;
• Photocopying not in connection with litigation;
• Review Summary Plan Description updates.
Under the proposed monthly arrangement the following are excluded and will be billed at
the discounted hourly rate of $225.00:
• Legal fees and costs associated with lawsuits or regulatory proceedings
brought by or against the Trust Fund;
• Out-of-office work on disability proceedings (doctors' depositions and special
trustee meetings);
• Legal services and costs in connection with Division of Retirement, Internal
Revenue Service and other regulatory agency audits, investigations and
proceedings;
• Legal services and costs in connection with mergers, consolidations, or
termination; and
• Special projects of a significant and non-routine nature authorized by the
Trustees which would include substantial rewriting or revisions of ordinance,
creation of new benefit programs (such as health insurance subsidy trust fund),
IRS Determinations and associated out-of-pocket expenses.
Ezoenses.
Under either arrangement, we bill for out-of-pocket costs, such as out of office
photocopying, computerized legal research, special postage (such as certified mail), long distance
telephone calls (we have a 800 number so there will be no cost for calling us), travel expenses
with time billed at one-half our hourly rate (except for meetings included in monthly retainer),
filing fees, court reporter's fees and out of office word processing.
These fee proposals will be valid for a twenty-four (24) month period.
Our bills are rendered monthly by our computerized billing system which provides detailed
itemization of all service provided.
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ROBERT A. SUGAR?MAN
Attorney & Partner
Sugarman & Susskind, P.A.
Bob Sugarman a Florida Bar Board Certified Labor and
Employment Lawyer is a partner in the Coral Gables and
Fort Lauderdale law firm of Sugarman & Susskind. Mr.
Sugarman has provided legal services to public sector. and
multiemployer pension plans for over 30 years. He
represents over 60 Florida municipal pension plans. He has
lectured on public pension issues for the Florida Division of
Retirement, the International Foundation of Employee
Benefit Plans, the National Police & Fire Association, the
National Association of Police Organizations and the Florida
Public Pension Trustees Association. He has published
articles in the Stetson Law Review and the Textbook for
Employee Benefit Plan Trustees, Administrators and
Advisors. Mr. Sugarman is a former adjunct professor,
Florida International University, and has served as an
executive board member of the Florida Bar Labor Law
Section, and a member of the AFL-CIO Lawyers
Coordinating Committee Advisory Board. Since 1989 he
has continuously been listed in the current editions of The
Best Lawyers in America and Leadinq Florida Attorneys and
is a Fellow of the College of Labor and Employment
Attorneys. Mr. Sugarman received his B.A. Degree from
The George Washington University and his J.D. in 1972
from the University of Virginia.
Kenneth R. Harrison, Sr.
Associate Attorney
Sugarman & Susskind, P.A.
Ken Harrison holds a Juris Doctor Degree from the
University of Miami School of Law, a Masters of Science
Degree in Management from Biscayne College (St. Thomas
University) and a Bachelor of Business Degree accounting
major from the University of Miami. He is a founding
member of the Florida Pension Trustees Association
(FPPTA), currently serving as Director Emeritus and is a'
Certified Public Pension Trustee. In 1991 Mr. Harrison
completed a 27-year law enforcement career, when he
retired from the City of Miami (Florida) Police Department as
Assistant Chief. For 16 years during his career in law
enforcement he served as a trustee for Miami's Police and
Fire Pension Funds. Additionally, for 10 of his years in law
enforcement, Mr. Harrison was active in police labor
organizations at the local, state and national levels. Mr.
Harrison completed over 30 years of military service in 2002
when he retired from the United States Coast Guard
Reserve as Captain (Colonel). Mr. Harrison has been with
the Coral Gables law firm of Sugarman & Susskind since
1997.
II
10
Contact Persons
Marie Jabalee = City of Dania Beach General Employees' Retirement System
(954) 748-0077
Dorothy King - City of Naples General Employees Retirement Fund
(239) 213-1814
Kenneth Kilgore - Cocoa Beach General Employees Pension Fund
(321) 868-3245
Signature Page
MAR US BRAS L
The foregoing instrument was SWORN TO and SUBSCRIBED before me on this
12'' day of February, 2003, by MARCUS BRASWELL, who is personally known to me
and who did/did not take an oath.
Notary Pu
ARYSEAL
LEONOR MARLESE DW
Print Nam AR STATE OF FLORIDA
COMMMION
MY COMMENON EXP. SEPT 1$My Commission xpires:
M
RFP 15-03
CITY OF CLEARWATER
REQUEST FOR PROPOSALS FOR PENSION ATTORNEY SERVICES
EVALUATION
NAME OF EVALUATOR:
NAME OF FIRM:
(0-30)
(0-30)
1. For each criteria, assign a score in the range as listed in the weight/points column (i.e. In firm
qualifications, assign a score of 0-30 points with 0 being low and 30 being high).
2. Do this for each criteria. Make notes to support score in comments column.
3. Total score at bottom. Total should be out of a total of 100 points.
eig
Criteria Points Score Comments
Qualifications
Firm 30
%
,
Qualifications of Personnel to be Assigned 30%
(0-30)
Costs to Provide the Various Services 30%
References 10%
(1-10) TOTAL SCORE
Instructions:
RFP 15-03
CITY OF CLEARWATER
REQUEST FOR PROPOSALS FOR PENSION ATTORNEY SERVICES
EVALUATION
NAME OF EVALUATOR:
NAME OF FIRM:
WeIght/
(0-30)
(0-30)
(0-30)
qualifications, assign a score of 0-30 points with 0 being low and 30 being high).
2. Do this for each criteria. Make notes to support score in comments column.
3. Total score at bottom. Total should be out of a total of 100 points.
Criteria Points Score Comments
Firm
Qualifications 30%
of
Personnel to be Assigned
Qualifications 30%
Costs to Provide the Various Services 30%
References
10%
(1-10) TOTALSCORE
Instructions:
criteria, assign a score in the range as listed in the weight/points column (i.e. In firm
1. For each
RFP 15-03
CITY OF CLEARWATER
REQUEST FOR PROPOSALS FOR PENSION ATTORNEY SERVICES
EVALUATION
NAME OF EVALUATOR:
NAME OF FIRM:
(0-30)
(0-30)
(0-30)
1. For each criteria, assign a score in the range as listed in the weight/points column (i.e. In firm
qualifications, assign a score of 0-30 points with 0 being low and 30 being high).
2. Do this for each criteria: Make notes to support score in comments column.
3. Total score at bottom. Total should be out of a total of 100 points.
eig
Criteria Points Score Comments
Qualifications
Firm 30%
.
Qualifications of Personnel to be Assigned 30%
Costs to Provide the Various Services 30%
.
References 10%
(1-10) TOTAL SCORE .
Instructions: