Lynn Haven commission rescinds troubled city‑attorney RFP, authorizes negotiator to finalize terms with local firm

The Lynn Haven City Commission voted 4‑1 on July 19 to rescind its recent selection under RFP 25‑26‑17 for city‑attorney services, closing the solicitation without a formal award after commissioners and legal counsel identified post‑submission changes and a material pricing error that could have affected fairness.

The vote came after independent counsel Kayla Pott Rady of Remberger Kirk told the commission that Florida law bars consideration of submissions that "amend or supplement" bids after they are opened. "No submissions after a bid is open that amends or supplements shall be considered," Rady said, and she advised the commission to rescind the prior vote and then either resolicit, consider the next most qualified bidder, or use the charter authority to directly appoint a firm.

The issue hinged on two problems: what some called a clerical mistake in an amount submitted and a later flat‑rate lump‑sum option that was provided after bids were opened. Commissioners described the episode as a flawed process and debated whether a re‑run of the full, months‑long procurement would yield better results or whether the commission could lawfully and prudently appoint a local firm directly.

Commissioner Ward moved to rescind the prior award and close the RFP without an award; the motion was seconded and, after public comment, the commission approved it by roll call 4‑1 (Commissioner Wark in dissent). Several residents urged a fully transparent re‑solicitation, saying the appearance of a tainted process undermined public confidence.

During discussion Commissioner Tender moved that the commission directly appoint the local firm Dunlap Shipman — the only local bidder that remained — and the item was debated at length. Dunlap Shipman representatives in the chamber told the commission the firm "was also acting in good faith" and that, according to their understanding, answers to follow‑up questions could be considered part of their submission. Josh James of Dunlap Shipman said the firm would "honor the terms that were submitted in the request for proposal."

Rather than finalize an engagement at that meeting, commissioners agreed to delegate negotiation of contract terms to the mayor working with Assistant City Manager Jennifer Hodges (and staff). The commission voted to appoint a negotiator to complete contract terms, which will be returned to the commission for approval. Commissioners discussed an annual fixed fee and whether the engagement should be structured as a one‑year appointment with a 30‑day termination clause.

The mayor framed the action as administrative cleanup: rescind the flawed selection, then either resolicit or use the charter to appoint counsel while ensuring terms are negotiated and presented to the commission. The meeting closed with officials saying staff would begin negotiations and bring a contract back to the dais for final approval.

Votes at a glance: the motion to close out RFP 25‑26‑17 without an award passed 4‑1; the commission also approved appointing the mayor/staff as negotiators to finalize a contract for later commission approval.