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10-18-16 Special Workshop Meeting AgendaCity of Delray Beach Legislation Text 100 N.W. 1st Avenue Delray Beach, FL 33444 File #:16-1047,Version:1 TO: Mayor and Commissioners FROM: Donald Cooper, City Manager DATE: October 18, 2016 PUBLIC INTERVIEWS: Background: The City Commissioners will conduct public interviews for the applicants for the City Attorney position 3:00 - 3:30 GrayRobinson 3:35 - 4:05 Greenspoon Marder 4:15 - 4:45 Lohman Law Group 4:50 - 5:20 Nason Yeager Gerson White & Lioce. City of Delray Beach Printed on 10/18/2016Page 1 of 1 powered by Legistar™ ORIGINAL GRAY ROBINSON ATTORNEYS AT LAW Relationships, Resources. Results. City of Delray Beach Request for Proposal #2016-128 City Attorney Legal Services September 9, 2016 John R. Herin, Jr., Shareholder GrayRobinson, P.A. 401 East Las Olas Blvd., Suite 1000 Fort Lauderdale, FL 33301 954-761-8111 john.herin@gray-robinson.com www.gray-robinson.corn Boca Raton I Fort Lauderdale I Fort Myers I Gainesville I Jacksonville I Key West Lakeland I Melbourne I Miami I Naples I Orlando I Tallahassee I Tampa Confidential © 2016 GrayRobinson, PA A FIRM FOCUSED ON EXCELLENCE John R. Herin, Jr. Attorney At Law JOHN.HERIN@GRAY-ROBINSON.COM SUITE 1000 BOCA RATON 401 EAST LAS OLAS BLVD. FORTLAUDERDALE FORT LAUDERDALE, FLORIDA 33301 FORT MYERS TEL 954-761-8111 FAX 954- 761-8112 GAINESVILLE gray-robinson .com JACKSONVILLE KEY WEST LAKELAND MELBOURNE MIAMI NAPLES ORLANDO TALLAHASSEE TAMPA VIA HAND DELIVERY/COURIER City of Delray Beach Office of the City Clerk 100 N.W. 1st Avenue Delray Beach, Florida 33444 Re: RFP #2016-128 / City Attorney Legal Services Dear Sir/Madam: The law firm of GrayRobinson, P.A. (the "Firm") is pleased and honored to submit our qualifications to serve as City Attorney to the City of Delray Beach (the "City"). As a statewide firm founded in 1970 with 300 lawyers in 13 offices, we have worked for and with numerous municipalities and local government agencies in all aspects of local government law. I am the main point of contact for this representation and have over 20 years of experience in the public and private sector. I am board certified by The Florida Bar in City, County and Local Government Law, and my practice focuses on representing public and private clients in the areas of local government, land use and zoning, administrative and environmental law. I have served as the City Attorney for the City of Marathon and the City of Doral, the Town Attorney for the Town of Miami Lakes, the Village Attorney for the Village of lslamorada, and as Interim Village Attorney for the Village of Palmetto Bay. I am well versed in all aspects of local government law, having served as the City Attorney, Assistant City Attorney, Assistant County Attorney or Special Counsel for almost two dozen cities and counties statewide throughout my career. I have dealt with almost every conceivable issue a local government agency can face and routinely advise elected and appointed officials and staff on annexations; administrative matters; building and permitting; charter amendments; charter enforcement and interpretation; code enforcement; comprehensive planning; contracts; drafting of ordinances and resolutions; employment and labor issues; environmental law and endangered species; ethics; intergovernmental agreements and disputes; procurement; public records; submerged land leases; Sunshine Law; stormwater and wastewater utilities and zoning matters. At this time, we are not aware of any conflicts that preclude us from representing the City. Additionally, we warrant that we have not employed or retained anyone to secure or solicit a contract with the City, nor have we paid or agreed to pay any person, company or entity any fee or other consideration contingent upon or resulting from the award or making of a contract with the City. 2 We will strive to accomplish three critical objectives in representing the City of Delray Beach. These objectives are: (1) to provide quality legal services in a cost effective manner; (2) to maintain the flexibility necessary to respond to problems swiftly and thoroughly; and (3) to facilitate communication and accountability. The Firm believes in the quality of the work we produce, not the quantity. Again, we appreciate the opportunity to present our qualifications to serve as City Attorney for the City of Delray Beach, and thank you for your consideration. 3 TABLE OF CONTENTS 1. Applicant Information 5 A. Legal Contracting Name, Including OBA 5 B. Contact Information for Applicant During this RFP Process 5 2. Qualifications 6 A. Qualifications for Individuals 6 B. Qualifications for Firms 6 3. Forms/Addenda 60 4 1. APPLICANT INFORMATION A. Full Legal Contracting Naine, Including DBA The firm's full legal name is GrayRobinson, P.A. B. Contact Information for Applicant During this RFP Process John R. Herin, Jr. GrayRobinson, P.A. 401 East Las Olas Blvd., Suite 1000 Fort Lauderdale, Florida 33301 .J 954-761-7504 • john.herin@gray-robinson.com 5 2. QUALIFICATIONS A. Qualifications for Individuals GrayRobinson is submitting a firm proposal. Please see Section 2B.i. for complete qualifications. B. Qualifications for Firms i. Florida Bar Licenses All lawyer members of the proposed team are graduates from accredited law schools and are Florida Bar licensed to practice law in Florida. Complete details can be located in Section x. Additional Information ii. Years of Legal Experience/iii. Experience in Specific Areas of Law/ iv. Municipal Experience John Herin would be the designated contact for the City of Delray Beach throughout this engagement. John is board certified by The Florida Bar in City, County & Local Government Law and has more than 20 years' experience representing public entities in the areas of local government, land use, zoning, administrative and environmental law. He has served as the City Attorney, special counsel and special magistrate to multiple municipalities in South Florida, including the City of Marathon, the City of Doral, the Village of Palmetto Bay, the Town of Miami Lakes, the Village of lslamorada, and the City of Oakland Park. Additionally, the members of our proposed team are well versed in issues affecting municipalities: • Ty Harris has focused his career on representing local and municipal governments and has served as the Code Board attorney for the City of Edgewater, special outside counsel to the City of Daytona Beach Shores in land use litigation, Assistant County Attorney for Charlotte County, Director of Community Development for Charlotte County and Director of Development Services for the City of Boca Raton. • Mitch Kirschner is board certified in real estate by The Florida Bar and has more than 30 years' experience handling complex real estate development transactions, focusing on joint ventures, land use and zoning issues. • Tom Loffredo has more than 20 years' experience representing clients in litigation and arbitrations, as well as before the Equal Employment Opportunity Commission and various state and local agencies, concerning matters arising under Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act, the Americans with Disabilities Act, the Fair Labor Standards Act, and other federal, state and local anti-discrimination and employment statutes as well as common-law claims. • Michael Marshall has a unique background encompassing law, engineering and business administration. He has worked closely with local governments in developing and drafting comprehensive plans, special purpose plans, zoning codes and other land development regulations. He has also represented local governments in defending comprehensive plans and land development regulations against both judicial and administrative challenges. • Anastasia Protopapadakis concentrated solely on municipal defense for the first five years of her career, defending cities and other municipalities in litigation matters in state, federal and appellate courts. She has defended numerous employment litigation matters, assault and battery 6 cases, defamation cases, section 1981 and 1983 cases, trip/slip and fall cases, eminent domain and inverse condemnation cases and other general tort matters for municipalities. • Mark Schellhase is an experienced litigator who is very familiar with the doctrine of sovereign immunity and its legal implications, having represented the Seminole Tribe of Florida in these actions and other litigation matters. • Stephen Tilbrook is well versed in the regulatory systems that protect the state's environment and natural resources as a former assistant general counsel with the Florida Department of Environmental Protection. He represents clients in areas such as environmental due diligence, permitting, compliance, assessment and remediation. • Steven Zelkowitz has more than 20 years' experience handling complex public-private transactions. Additionally, he has significant governmental law experience. He serves as general and special counsel to a number of community redevelopment agencies in South Florida, including the North Miami CRA, North Miami Beach CRA, Hallandale Beach CRA and Naranja Lakes CRA He has also worked for a number of municipalities in South Florida, including Bal Harbour Village, Village of Key Biscayne, City of Aventura, City of Homestead, Town of Miami Lakes, City of Miramar, City of Weston, City of Dania Beach, City of Boca Raton, lslamorada, Village of Islands and the City of Marathon. Complete biographies demonstrating experience in local government and municipal law for all team members can be found in Section x. Additional Information v. Working With the City/vi. Interpersonal Skills All members of the team will work to provide concise and sound recommendations to the City Commission. Our team is apolitical and focused on sharing the legal ramifications of the City Commission's decisions so it can move forward in an informed manner. Additionally, as a Florida Bar board certified attorney, John Herin is recognized as upholding the highest standards of professionalism and ethics in practice. He will hold the entire team to these standards as well. All team members are in good standing with The Florida Bar. GrayRobinson will utilize a team approach in working with the City Commission, including utilizing the various skill sets of the City's current legal team. We value the institutional knowledge they will provide. To illustrate our commitment to providing respectful and thorough service to the City Commission, we encourage you reach out to any of the following references: Jose Smith City Attorney City of North Miami Beach 17011 NE 19th Avenue North Miami Beach, FL 33162 Phone: 305-948-2939 jose.smith@citynmb.com Steven Abrams County Commissioner, District 4 Palm Beach County 301 North Olive Avenue, Suite 1201 West Palm Beach, FL 33401 Phone: 561-355-2204 sabrams@pbcgov.org 7 George Brown Deputy City Manager City of Boca Raton 201 W. Palmetto Park Road, Suite 330 Boca Raton, FL 33432 Phone: 561-367- 7065 qbrown@ci.boca-raton.fl.us Mayor Susan Haynie City of Boca Raton 201 W. Palmetto Park Road, Suite 330 Boca Raton, FL 33432 Phone: 561-393-7708 shaynie@ci.boca-raton.fl.us vii. Bar Grievances There have been isolated cases where The Florida Bar was required to make inquiry of GrayRobinson attorneys regarding alleged grievances or complaints. All inquiries have concluded with no determinations made in favor of the complainants or a finding of probable cause and thus those inquiries were dismissed. viii. Additional Information Please see our complete response for firms in Section x. Additional Information. ix. Salary Please see our complete response for firms in Section xi. Fee Schedule. ii. Office located within Pahn Beach County GrayRobinson, P.A. has one office located within Palm Beach County. lt is located at Mizner Park Office Tower 225 N.E. Mizner Blvd. Suite 500 Boca Raton, Florida 33432 Office hours are Monday - Friday 8:30 a.m. to 5:30 p.m. iii. Partner Resumes GrayRobinson will utilize a team approach in its work for the City of Delray Beach. John Herin will serve as the designated relationship attorney with oversight over all final work product. Each functional team will focus on key aspects of the law, including but not limited to: Employment & Labor • ADA issues • Age discrimination claims • Arbitration of employee claims • Collective bargaining • EEOC & PERC claims • Employee benefits • Employment agreements • Employment litigation • Equal pay act • Drafting & counseling regarding employee policies and procedures • HR audits & training • Housing discrimination claims • Investigation & counseling regarding employee relations complaints • Unfair labor practice litigation • Union elections • Whistleblower litigation Environmental • Beach re-nourishment • Conservation easements • Endangered species • Environmental resource permits • Habitat conservation plans • Marina permitting & operations • Sea level rise • Water based and water related activities • Wetlands General Government • Annexations • Charter amendments & Charter issues • Drafting & review of contracts, ordinances, and resolutions • Elections • Ethics • Code enforcement • Legislative affairs • Parliamentary procedures • Procurement • Public Finance • Public records • Public safety • Sunshine law • Utilities Litigation • Administrative litigation • Construction claims • Contractual disputes • Enforceability of affordable housing deed restrictions • Eminent domain & inverse condemnation • Forfeitures • Land use litigation • Liability & tort defense • Police issues • Sovereign immunity • Utility disputes Real Estate/Land Use/Zoning • Affordable housing • Acquisition, development & sale of real property for municipal use • Comprehensive plan - growth management 9 • Exactions & impact fees • "Green" development • Land development regulations • Overlay districts • Public-private projects • Quasi-judicial hearings and procedures • Re-zonings • Sector plans • Site plan approval and development 10 THE TEAM Relationship Attorney General Government Team Associate Support Team John Herin Rebecca Rodriguez Clark Stephens Ty Harris Environmental Team Litigation Team Anastasia Protopapadakis Mark Schellhase ' '·; ,. / V f I .· Stephen Tilbrook General Corporate Team Labor & Employment Team Steven Zelkowitz Tom Loffredo Anastasia Protopapadakis Real Estate/Land Use Team Mitch Kirschner Michael Marshall Ty Harris 11 iv. Associate and Staff Resumes Associates and paralegals will be utilized in this engagement to the full extent possible. Complete biographies can be located in Section x. Additional Information. v. General Firm Capabilities We have long provided our government clients with effective representation as city/county attorney, and before other government agencies, including housing agencies, counties, special districts, the State of Florida and the U.S. Congress. Over the years, we have served as general counsel and/or special counsel to numerous cities, counties, and public agencies. We have also represented hundreds of clients before governmental entities relating to everything from bidder's protests to complex entitlement and zoning matters, and successfully lobbied at all levels of government. Our firm currently serves as city attorney to over a dozen municipalities, CRAs and special districts; general counsel to the Florida Citrus Commission; and counsel to the Florida House of Representatives with regard to reapportionment issues. Our attorneys also provide specialized legal counsel to a number of government agencies throughout the state, including the Department of Management Services on employee benefits issues and have represented the State's largest and oldest private children's services agency in negotiating and contracting with the state in the current privatization of child protection services. Representation of Local Governments The experience and reputation gained during our years of public service enable us to provide quality legal services to the public sector in the areas of administrative law, environmental and land use law, general government, public finance, procurement, utilities and zoning, to name a few. ln addition, members of our public law team have served on the staff of governmental agencies for both state and local governments, providing our clients with a unique perspective and knowledge of local government. • Governmental Operations and Home Rule. Through our representation of counties and municipalities, we have developed experience and depth in all areas of home rule law, drafting contracts ordinances and resolutions, governmental ethics, public-private projects, public records law, public utilities, solid waste, sunshine law, and all other aspects of daily governmental operations. • Construction Law. The GrayRobinson team is one of the largest construction law departments in the state and has litigated hundreds of millions of dollars in construction disputes ranging from simple construction lien disputes to major public and private works and facilities projects throughout the state. • Eminent Domain and Inverse Condemnation. GrayRobinson has earned a deserved reputation of being innovative and tenacious in our handling of eminent domain and inverse condemnation matters resulting from our handling of thousands of cases on behalf of our public and private clients. • Employment and Labor Law. The firm's attorneys have extensive employment law and litigation experience, and advise clients in all areas of agency, state and federal law. We also defend employers against equal employment opportunity charges and claims in the investigation and litigation stages and advise clients with respect to administrative actions and claims. The firm has represented Florida public sector employers at the city, county, constitutional officers, school 12 district, community colleges, state universities, authority and special district levels in union elections, collective bargaining, arbitrations and unfair labor practice litigation. • Environmental and Land Use Law. Our experience as city/county attorney for numerous jurisdictions has generated a sophisticated and wide-ranging practice in the fields of environmental regulation and land use planning. We are recognized throughout the state for our experience and ability in representing both public and private clients in comprehensive planning, environmental permitting, land use, and zoning involving brownfields, "green" development, new development and redevelopment. • Legislative Representation. We have decades of experience in lobbying the Florida Legislature and state agencies, both offensively and defensively, on behalf of public and private entities. Many of our public law attorneys began their careers as staff to the Florida Legislature, Governor's Office and State agencies, providing our clients with a unique perspective on the most efficient means of meeting their legislative goals. We maintain close relationships with local delegations and political leadership. • Procurement. We provide legal counsel relating to all aspects of procurement, including assistance in the preparation of bids, RFP's and proposals; contract negotiation; bid protests; appellate review and contract disputes. • Public Finance and Taxation. With respect to public finance and taxation, we have represented issuers and underwriters in a variety of local government financings, including dependent and independent special districts. The firm developed these skills initially while serving as the Orange County Attorney during the 70s and 80s. Since that time, the firm has represented governments, businesses, and individuals in thousands of federal, state, and local matters. The list below outlines those public entity clients currently or recently represented by GrayRobinson. Remainder of the page intentionally left blank. 13 PUBLIC SECTOR CLIENTS American College of Physician Executives Baker County Property Appraiser Barefoot Bay Recreation District Bay County Bay County Tax Collector Bay Medical Center Bradford County District School Board Bradford County Tax Collector Brevard County Contractors· Licensing Board Brevard County Clerk's Office Broward Sheriffs Office Canaveral Port Authority Central Florida Regional Transportation Authority (LYNX) Charlotte County Property Appraiser Charlotte County Tax Collector Citizens Property Insurance Corporation Citrus County Citrus County Property Appraiser City of Boynton Beach City of Bunnell City of Cape Coral City of Clermont City of Coconut Creek City of Coral Gables City of Deerfield Beach City of Deland City of Doral City of Dunedin City of Ft. Meade City of Ft. Myers City of Groveland City of Hialeah City of Hollywood City of Key West City of Kissimmee City of Lakeland City of Largo City of Longwood City of Melbourne City of Miami City of Miramar City of Naples City of Neptune Beach City of North Miami City of North Miami Beach City of Ocoee City of Orlando City of Oviedo City of Palm Bay City of Pembroke Pines City of Pinellas Park City of Pompano Beach City of Port St. Lucie City of South Pasadena City of St. Pete Beach City of Tampa City of Valparaiso City of Wauchula City of Winter Park Clearwater Cay Community Development District Collier County Eastern Florida State College Emerald Coast Utilities Authority Escambia County Tax Collector First Florida Governmental Financing Commission Flagler County Property Appraiser Florida Agricultural and Mechanical University (FAMU) Florida Department of Financial Services. Division of Risk Management Florida Department of State Florida Gulf Coast University Florida Hospital College of Health Science Florida House of Representatives Florida Insurance Guaranty Association Florida Keys Mosquito Control District Florida Lottery Florida Prepaid College Foundation. Inc. Florida State College at Jacksonville Florida State University Florida State University Research Foundation. Inc. Gilchrist County School Board Hallandale Beach Community Redevelopment Agency Health Care District of Palm Beach County - District Hospital Holdings. Inc. d/b/a Lakeside Medical Center Hideaway Beach District Highlands County Tax Collector Hillsborough Area Regional Transit (HART) Hillsborough County School Board Indian River State College Jackson County Property Appraiser Jefferson County Clerk of Court Lafayette County School Board 14 PUBLIC SECTOR CLIENTS Lake County Lakeland Downtown Development Authority Lee County Leon County Levy County School Board Madison County Property Appraiser Manatee Community College Manatee County Property Appraiser Manatee County School District Manatee County. Florida Marion County Melbourne Airport Authority Miami Community Redevelopment Agency Miami-Dade County Public Schools Monroe County Monroe County Clerk of Court Monroe County Tax Collector Monroe County Property Appraiser Munroe Regional Health System Naranja Lakes Community Redevelopment Agency North Brevard Country Hospital District North Brevard County Hospital District. d/b/a Parrish Medical Center North Broward Hospital District. d/b/a Broward Health North Miami Beach Community Redevelopment Agency North Miami Community Redevelopment Agency North Naples Rre Control District Orange County Orange County Library District Orange County Property Appraiser Orange County Sheriff. Office of Osceola County Tax Collector Palm Bay Utilities Palm Beach State College Pasco County Medical Center Pasco County. FL Pasco County Property Appraiser Pasco County School Board Pinellas County Housing Authority Pinellas County Sheriffs Office Pinellas Suncoast Transit Authority (PSTA) Polk County Polk County Tax Collector Putnam County Property Appraiser Ringling College of Art and Design Sarasota Manatee Airport Authority Sarasota Memorial Hospital Sebastian Inlet District Secretary of State for Foreign & Commonwealth Affairs Seminole County Property Appraiser Seminole State College of Florida South Bay Community Development District South Broward Hospital District d/b/a Memorial Health System Southwest Florida Water Management District St. Johns County Property Appraiser St. Lucie County St. Lucie County Clerk of Court St. Lucie County Property Appraiser St. Lucie County Tax Collector St. Petersburg College Tampa Bay Water Tampa Port Authority Taylor County Property Appraiser Taylor County Supervisor of Elections Taylor County Tax Collector Tohopekaliga Water Authority Town of Atlantis Town of Belleair Town of Howey-in-the-Hills Town of Lantana Town of Manalapan Town of Medley Town of Melbourne Beach Town of Montverde Town of Palm Beach Town of South Palm Beach Town of Surfside Town of Windermere University of Central Florida University of Florida Board of Trustees University of North Florida University of South Florida University of South Florida Research Foundation Valencia College Village of Palm Springs Volusia County Volusia County Schools Volusia Growth Management Commission (VGMC) Workforce Central Florida 15 Firm Overview GrayRobinson, a full-service corporate law firm with 300 attorneys throughout 13 offices across Florida, provides legal services for local and state governments, Fortune 500 companies, emerging businesses, lending institutions, developers, entrepreneurs and individuals across Florida, the nation and the world. We offer not only breadth across a great many legal areas, but depth and proficiency in each one as well. Being one of Florida's fastest-growing law firms, our attorneys are at the forefront of emerging legal issues, work expeditiously on behalf of our clients, and respond quickly to their needs. We have invented a brand of law firm that serves our clients and our communities while counting creativity as a hallmark characteristic and insisting on ingenuity and innovation. ln 2016, 21 attorneys and 7 \\) ln 2016, 53 attorneys were different practice groups were named Florida Super Lawyers recognized by Chambers USA. and another 16 were named [Chambers & Partners issue Florida Super Lawyers publications that list the top .. Rising Stars .. : lawyers in 175 countries, based on 14,000 interviews conducted by Chambers researchers); ç ln 2016, 18 attorneys were recognized by Florida Trend's Legal Elite; ln 2015, GrayRobinson's Litigation w ln 2015, 72 attorneys were listed Department was recognized as a as Best Lawyers® and of those Top Litigation Firm by the Daily attorneys, six were named Business Review; Lawyer of the Year: and ln 2015, GrayRobinson was again recognized by Law360 as one of the eight Florida Powerhouses in the publication's Regional Powerhouses senes. The Martindale-Hubbell Law Directory has also given GrayRobinson its highest rating: AV® which is based on case results and confidential recommendations from lawyers and judges that have worked with our attorneys. 16 Client Service GrayRobinson is committed to providing our clients with legal services that will assist them in accomplishing their business objectives. We conduct post matter reviews with clients to determine if their objectives were met and if their expectations were exceeded with a goal of the highest client satisfaction. We also keep abreast of changes within the client's industry and will periodically issue electronic alerts (E-lerts) to clients advising them of changing regulations and how new regulations might impact their company. A Commitment to Quality The mission of GrayRobinson is to provide quality legal services to all clients in a timely fashion, maintain professionalism and integrity and be responsive to the needs of our clients and our community. This philosophy is consistently reflected by the commitment we make to our clients in helping them achieve their goals. With a team of 682 attorneys and professional staff across the state, we are well positioned to provide exemplary support and service. Firm History GrayRobinson's strength is built upon the collective histories of our offices across the state. Our roots run deep in each community we serve. As we have expanded across Florida, we have added to the foundations laid by prestigious law firms in Boca Raton, Fort Lauderdale, Fort Myers, Gainesville, Jacksonville, Key West, Lakeland, Melbourne, Miami, Naples, Orlando, Tallahassee and Tampa. We have forged our own path, creating a firm that best serves our clients and our communities. As we have grown, we have remained committed to keeping small-firm qualities, including the ability to work expeditiously on behalf of our clients and respond quickly to their needs. ln addition, we have promised to work with conviction and compassion and to embrace our community as a matter of mission as well as passion. • ln 1970, Richard Adams, Charles Gray, Gordon Harris and Richard Robinson join their practices to become Gray, Adams, Harris & Robinson P.A. • ln January 1990, the firm expands its presence on Florida's Space Coast by merging with Kirschenbaum and Peeples, an established Brevard County firm. • ln January 1996, GrayRobinson merges with the Melbourne firm of Nohrr & Nohrr. A few months later, the firm moves its Brevard County headquarters to Melbourne. • ln February 1996, the firm continues its statewide expansion, establishing an office in Tallahassee to create a permanent presence in the state capital and further expand the firm's state governmental practice. • ln August 2000, the firm adds more depth to the firm's capabilities and expertise in the state's capital by adding six additional attorneys to the Tallahassee office. • Expanding into the Tampa market in September 2000, the firm merges with Shackleford, Farrior, Stallings & Evans, a firm with nearly a century of history in Tampa. The merger solidifies the combined firm's presence along the "Interstate 4 Corridor" - a magnet for a number of new companies and industries. • ln January 2001, GrayRobinson merges with Lane, Trohn, Bertrand & Vreeland. Formed in 1926, it is one of the largest firms in Lakeland. • ln December 2003, GrayRobinson establishes its Key West office. • ln August 2004, GrayRobinson opens its office in Naples. 17 • ln November 2004, GrayRobinson opens its Jacksonville office. • ln June 2005, the firm opens its office in Fort Lauderdale. • ln October 2007, the firm continued its strategic expansion across Florida, with the opening of its Miami office. • ln January 2013, GrayRobinson opens its Gainesville office, strengthening the firm's Central Florida presence. • ln April 2013, the firm strengthened its position in South Florida by announcing its formal partnership with Siemon & Larsen. The firm officially opened the doors to a new GrayRobinson office in Boca Raton. • ln November 2013, GrayRobinson announced its acquisition of Hirschhorn & Bieber, P.A., a Miami-based criminal and civil white collar defense law firm. Hirschhorn & Bieber formed on January 1, 2000 and represents clients in criminal and civil white collar defense litigation. • ln September 2015, the firm expands across South Florida with the opening of its Fort Myers office. • ln May 2016, Dean Cannon's lobbying firm Capitol Insight joined GrayRobinson's Tallahassee office. By continuing to add key personnel and enhance services in each of its locations, GrayRobinson has stayed well ahead of the curve in meeting the needs of business and government users of legal services. Today - with its foundation firmly grounded in the community and its vision focused on the future - GrayRobinson continues to be a major player in the state's dynamic growth. Remainder of the page intentionally left blank. 18 GrayRobinson Offices Boca Raton Lakeland Mizner Park Office Tower One Lake Morton Drive 225 N.E. Mizner Blvd. Lakeland, FL 33801 Suite 500 Boca Raton, FL 33432 Melbourne 1795 West NASA Blvd. Fort Lauderdale Melbourne, FL 32901 401 East Las Olas Blvd. Suite 1000 Miami Fort Lauderdale, FL 33301 333 S.E. 2nd Avenue Suite 3200 Fort Myers Miami, FL 33131 1404 Dean Street Suite 300 Naples Fort Myers, FL 33901 8889 Pelican Bay Blvd. Suite 400 Gainesville Naples, FL 34108 720 S.W. 2nd Avenue Suite 106 Orlando Gainesville, FL 32601 301 East Pine Street Suite 1400 Jacksonville Orlando, FL 32801 50 North Laura Street Suite 1100 Tallahassee Jacksonville, FL 32202 301 South Bronaugh Street Suite 600 Key West Tallahassee, FL 32301 221 Simonton Street Key West, FL 33040 Tampa \ ..,.-/ 401 East Jackson Street Suite 2700 Tampa, FL 33602 19 GrayRobinson Practice Areas We offer not only breadth across a great many legal practice areas, but depth and proficiency in each one as well. Our attorneys are at the forefront of emerging legal issues and work expeditiously on behalf of our clients and respond quickly to their needs. We have invented a brand of law firm that serves our clients and our communities while counting creativity as a hallmark characteristic and insisting on ingenuity and innovation. Our areas of practice include: • Administrative & Regulatory • Hospitality • Admiralty & Maritime Law • Immigration • Affordable Care Act • Insurance • Alcohol Beverage • Insurance Defense • Alternative Dispute Resolution • Insurance Regulatory • Antitrust & Trade Regulation • Intellectual Property & Technology • Appellate • International • Attorney General Defense • Land Use Law • Banking & Finance • Litigation • Bankruptcy & Creditors' Rights • Managed Care • Class Action Defense • Media • Communications, Cable & Broadband • Medical Malpractice Defense • Construction • Mergers & Acquisitions • Corporate • OSHA • Criminal & White Collar Defense • Patent • Customs & International Trade Law • Personal Injury • Cybersecurity • Petroleum • Drone & Aviation Law • Probate • Education • Product Liability & Toxic Tort • Elder Law • Professional Liability Defense • Election Law • Public Finance • Eminent Domain & Condemnation Law • Real Estate • Employment & Labor • Regulated Products • Entertainment & Sports • Residential, Resort & Club • Environmental • Restaurant • ERISA & Employee Benefits • Securities • ESOPs • Securities Litigation, Arbitration & Regulatory • Estate Planning Practice • Exempt Organizations • Senior Housing • Family Law • Subrogation • Food Law • Taxation • Franchising & Licensing • Technology Transactions • Government • Trademark • Government Relations & Lobbying • Transportation • Guardianship • Trusts • Health Care • Utilities • Health Information Technology • Venture Capital • Higher Education • Wealth Transfer 20 GrayRobinson's Commitment to Diversity We are committed to excellence and we recognize that diversity of ideas and experiences is critical to fulfilling our commitment. That commitment is demonstrated in many ways: by our employment practices and policies which ensure equal opportunity and foster a discrimination and harassment free workplace; opportunities for advancement to shareholder for women and minority lawyers; and our active recruiting efforts at law schools. We continuously review our recruiting, hiring, mentoring and training practices and initiatives. Our Diversity Committee, headed by Marlene Quintana, is charged with recommending specific action that may be taken to achieve the Firm's diversity objectives and goals. Many members of the Firm participate in leadership roles within organizations that seek to advance and promote diversity in the workplace, including: • Mayanne Downs - Named 2014 Woman of the Year by the Orlando Business Journal and honored with the Rosemary Barkett Outstanding Achievement Award in 2013 from the Central Florida Association for Women Lawyers. • Marlene Quintana - Past President of the Cuban American Bar Association in Miami and former member of the Board of Directors. CABA is one of the largest minority bar associations in the country. Marlene Quintana was also selected as the "2014 Florida Most Powerful & Influential Woman Award" Recipient by the National Diversity Council. • Leyza Blanco - Co-chair of the International Women's Restructuring Confederation's Florida Network. She also serves as the Florida Bar Association Business Law Section Diversity Committee Vice-Chair. • Grace Yang - Named to the 2013 Lawyers of Color (LOC) inaugural Hot List. • Sarah Reiner - Past President of the Orange County Association of Women's Lawyers. • Gary Resnick - Member of The Florida Bar's Diversity and Inclusion Committee. • Rebecca Rodriguez - Member of Hispanic Unity of Florida. We also have attorneys who are part of the Women's Chamber of Commerce, the Jewish Community Center, Collier County Women's Bar Association, Hillsborough Association of Women Lawyers, the Central Florida Association of Women Lawyers, the American Israel Public Affairs Committee (AIPAC), the Hispanic National Bar Association and the Cuban American Bar Association, among other associations that promote diversity in the legal profession. vi. Conflicts of Interest GrayRobinson is not aware of any current potential conflict of interest that might arise from our representation on behalf of the City of Delray Beach. The firm will take necessary steps to avoid conflicts of interest in the future. If a potential conflict arises, we will seek a waiver from one or both of the above clients. However, if for some reason a waiver or agreement cannot be reached, we will address the issue and withdraw, if that is necessary. The honor of representing the City of Delray Beach is one that we take seriously, and we will do all that is necessary to ensure the City's interests are not adversely affected by our concurrent representation of other clients. GrayRobinson conflict checks are processed centrally for all offices. A completed new clienUmatter form is electronically submitted to GrayRobinson's conflict department, where a preliminary list of pending 21 clients and matters is compiled and distributed daily to the entire Firm. Party names listed on the new client matter form, including known acronyms and well-known variations, are entered into the client/matter database for possible matches. Results of the data comparison are reviewed and analyzed. If there is a match, the attorney submitting the new client/matter form discusses possible conflict with the attorney handling the existing client or matter. A determination is made with regard to any conflicts and a new client/matter is opened or declined, as appropriate. If there is no match in data, a new client/matter is immediately opened. vii. Approach Transitioning from an in-house law department to an outside law firm can be challenging. However, with professionalism and diligence, the transition can be accomplished in a manner that is seamless to the City. Our attorneys have successfully implemented the transition from in-house law department to an outside law firm on behalf of number of local government clients and can do so in a cost-effective manner with minimal disruption to the City of Delray Beach. Furthermore, GrayRobinson manages work so that it is successfully completed in the most cost-effective and efficient way possible. GrayRobinson typically implements a team approach designed to maximize communication and responsiveness without resulting in over-staffing. John Herin will serve as the point person when a question or concern needing immediate attention arises - whether legal or administrative in nature. Mr. Herin will also maintain a mutually agreeable regular office hours schedule at City Hall. If selected to be the City's Attorney, we will maintain the current Assistant City Attorneys and office personnel and utilize those resources in our team approach to the extent possible for us to maintain a level of exemplary service to the City. We value the human resources and knowledge the City's current team can provide. By utilizing current team members, we believe we will accomplish three critical objectives in representing the City of Delray Beach: (1) to provide quality legal services in a cost-effective manner; (2) to maintain the flexibility necessary to respond to problems swiftly and thoroughly; and (3) to facilitate communication and accountability. We are committed to providing quality representation of each of our clients and can assure the City of Delray Beach our availability as well as accessibility to timely address all its needs. 22 viii. Insurance ACORD~ CERTIFICATE OF LIABILITY INSURANCE I QA.fe ... DO'Yt"n') ,1114/2016 THIS ŒRTlflCATE IS ISSUEO AS A MATTER OF INFORMATION ONL y ANO CONFERS NO RIGHTS UPON THE CERTIFICATE HOU>ER. nas CERTlflCATE DOES NOT AFFIRMA11YELY OR NEGATIVELY AMENO. EXTEHDORALTER THE COVERAGE AFFORDEO BY THE POLICIES eaow. THIS ŒRTIFICATE OF IHSURAHCE DOES NOT CONSTITUTE A CONTRACT BE1'W£EM THE ISSUING SURER(SI, AUTHORIZED REPRESEHTATIV£ OR PRODUCER. AND THE CERTIFICATE HOl.OElt. .. PORTANT: If Ille œrtificallO holdff is Mt ADOrTIONAl. lNSUllEO, the poltcy(ie11) must be ec,doßed, If SUB1l0GA110H IS WANED. subjed IO tho knm and coad1tions GI the policy. ce,taa, polic10s moy require an endone ment. A st.olefflent on this certificata does not confer ri911ls IO the c,eftdic:,ite ....... in ieu "'such -ni(•). - I;.:.:.-• BB&T. J. Rolfe Davis r.:r- ..... 407 691-9600 ,~~ .... aaa-63~1&3 P08oxé927 ~-- Orlando. FL 32302-4927 N~stAftOM»ilC:~ ....,. 407 691-9600 --· Nalklnal Fin! 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Addiùonal Insured s!atU9 Is granted with respects IO Ge-1 Llablllty If required by written contract p« form ·Non-Contractor's Addi!lonal Insured Endorumenr form IICNA7é8S7XX 01115. CERTIFICATE HOLDER CANCEUA TION Gray Robinson. PA P.O. Sox 3068 Orlando. FL 32802-3068 SHOULD Nff OF THE ABOYE DESCRmED POUCIE~ 11E CAHCn.t.ED IIEFOII£ ntE DPIRAnoN DA TE THEREOF, NOTICE W1U. 11E DELIVERED IN ACCOllll,\NCE wmt THE POUCY PROVISIONS. I O 1988·2010 ACORO CORPORATION. All ri9hls n:serwd. ACORD 2S (201Cli'05) 1 ol 1 The ACORD Nme >nd logo""' regatered marb of ACORO ,S160CMS73/ll16003350 PS8E 23 ACORô' CERTIFICATE OF LIABILITY INSURANCE I Œl•llë.lJl'MIICl."tYYYI ~- 03,'1112(1118 THliS CER.TíFIICATE IS ISSU.ED AS A MATTER OF IIIIIIFORMATION ONIL'I' AND CONFERS ,NO RIGHITS UPO'NI THE CERilACAJE OOLDER. nus CER'TlFICAliE DOE.s NOT AFRRMATIVELY OR N.EGATI!IIELY AMEND. EXlE.ND OR ALTER THIE COVERAGE AFFORDED BY TH.E •POLICIES BROW. 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BE DEl.lV£RED ll'f ACCORl!lltNOEffllH THE POLICY PA0,,'11,JON!i. iWTHmla.D N.l!.Pfl:r.5HiMéffi'!! /~~ FOR INFOAl\'!ATil!l'l F'UIRPOEE-5 CJNL\' F~ton W 19Sl•2014 A.CORD CORPORAJ'IO,Ni. AD righls. reserved. ACORD 25 f2111.Cl'Otl Tlhl! ACORD n.am.o .and 1090 :sr.. re¡¡istsed marries of ACO.RíD 24 AGEIIIC't CUSTOMER ·ID: _ LOC•:-------- ADDITIONAL REMARKS SCHEDULE Page 2. ot 2 41,. __,... PIIDIIUO>ll ...UIWJ MGGRJAF, ~EIBEL!i & lflll!lAAl'A5 OF ŒOl'IS.r., ltlG. Gtal,R•t>n=s PA f"DUCY fttUllfern c ......... 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GrayRobinson is contesting each of the disputes vigorously and expects to prevail on each or, in the worst case, settle on reasonable terms that will not jeopardize the financial viability of the firm. The firm is also fully insured with respect to any pending claims. The GrayRobinson team is proud of its reputation for honest, straightforward, ethical dealings with its respective clients. That is our culture, and we will be pleased to bring that culture to the table in the course of being involved in the City of Delray Beach's legal work in Florida. Remainder of the page intentionally left blank. 26 x. Additional Information John R. Herin Shareholder GrayRobinson, P.A. 401 East Las Olas Blvd., Suite 1000 Fort Lauderdale, Florida 33301 .J 954-761-7500 1111 john.herin@gray-robinson.com Experience John is a shareholder in the firm's Land Use, Environment, and Government Affairs Department. He brings to the firm over 20 years of experience in the private and public sector. His practice focuses on representing private and public clients in the areas of land use, zoning, and local government, administrative and environmental law. John has handled complex development entitlement matters throughout Florida, including comprehensive plan, platting, permitting, site plan and zoning applications and amendments; endangered species, submerged land leases, and stormwater and wastewater permitting; and lender/buyer due diligence issues. He also has extensive experience in representing firm clients with respect to eminent domain, inverse condemnation and land use litigation, as well as claims under the Bert J. Harris, Jr., Private Property Rights Protection Act. John appears before the Florida governor and cabinet, cabinet aides, district and circuit courts, division of administrative hearings, state agencies and local government bodies on a broad range of environmental and land use issues, and has drafted hundreds of ordinances and resolutions for cities and counties, covering a wide array of subjects. He is a frequent speaker on governmental and land use topics. Areas of Practice • Environmental • Utilities • Land Use Law • Government • Eminent Domain & Condemnation Law • Senior Housing 27 Education • University of Central Florida, B.A. (political science, 1986) • Stetson University College of Law, J.O. (1991) Professional Associations & Memberships • The Florida Bar o Board Certified in City, County and Local Government Law o City, County and Local Government Law Section, Member o Environmental and Land Use Law Section, Member • Florida Municipal Attorneys Association, Member • Greater Miami Chamber of Commerce, Member • Cuban American Bar Association, Member Admissions • Florida Awards & Recognitions • AV Preeminent™, Martindale Hubbell • Florida Super Lawyers, 2007 • The American Lawyer & Corporate Counsel, Top Lawyer in Land Use and Zoning, 2013 Representative Experience Public Sector Experience • Served as city attorney for the City of Marathon • Served as city attorney for the City of Doral • Served as interim village attorney for the Village of Palmetto Bay • Served as town attorney for the Town of Miami Lakes • Served as village attorney for the Village of lslamorada • Served as special counsel to city in the negotiation and drafting of a development agreement wherein property owner voluntarily contributed monetary and off-site improvements benefiting city's residents • Served as special counsel to city in an annexation dispute with adjacent local government • Served as special counsel to town with respect to draft environmental impact statement for proposed runway expansion • Served as special counsel to hospital special district in court challenge to the imposition of a municipal special assessment • Serves as special counsel to municipality in special assessment dispute with county • Serves as Code Enforcement Special Magistrate to local municipality in Broward County • Serves or has served as city attorney, assistant city attorney, assistant county attorney and special counsel to numerous local governments and quasi-governmental agencies 28 Private Sector Experience • Obtained a vested rights determination on summary judgment for developer of proposed 12-story beachfront residential condominium, notwithstanding a referendum initiative that resulted in an amendment to the city charter limiting the height of all new construction to three stories • Obtained required permit approvals from local government allowing developer to use transferable development rights to increase density and height of office building project • Assisted owner of regional mall in securing amendments to local government's comprehensive plan and land development regulations to facilitate redevelopment of property into a mixed-use regional activity center • Represented group of agricultural property owners in a $172 million Bert J. Harris, Jr. Private Property Rights Protection Act claim arising from county's change in interpretation of open-space requirements in comprehensive plan and land development regulations • Negotiated and drafted public-private agreement for the construction of dual radio transmission/emergency management communications tower on special district property • Represented clients completing environmental remediation projects in connection with ongoing industrial operations and redevelopment projects • Assisted national banking institution in securing amendments to the Palm Beach County Land Development Code to allow stand-alone banking centers as a matter of right in most commercial zoning districts • Represented clients in due diligence associated with acquisition of land for industrial, commercial and residential development Reported Cases • Sansbury v. City of Orlando, 654 So.2d 965 (Fla. 5th DCA 1995) [upholding juvenile curfew] • Bott v. City of Marathon, 949 So.2d 295 (Fla. 3rd DCA 2007) (enforceability of affordable housing restrictive covenant] • Beyer v. City of Marathon, - So.3d - , 2013 WL 5927690 (Fla. 3rd DCA 2013) [inverse condemnation claim - owners were not deprived of all economically beneficial use of their property] • City of Coral Springs v. North Broward Hospital District, - So.3d - , 4014-2351 (Fla. 4th DCA 2015) [imposition of city fire service special assessment on district property was illegal] • Department of Community Affairs v. City of Marathon, DOAH Case No. 04-3500GM [challenge to adopted comprehensive plan] • Florida Keys Citizens Coalition, Inc. & Last Stand, Inc. v. Florida Administration Commission & City of Marathon, DOAH Case No. 04-2755RP [proposed Administration Commission rule amending city's comprehensive plan not invalid exercise of delegated legislative authority] • Rossignol v. Village of ls/amarada & Department of Community Affairs, DOAH Case No. 01- 2409GM (comprehensive plan provisions limiting transient rental uses in residential areas supported by appropriate data and analysis] • Department of Community Affairs v. Village of lslamorada, DOAH Case No. 01-1216GM (challenge to adopted comprehensive plan] 29 Presentations & Seminars • "Consultants Competitive Negotiation Act (CCNA)," Florida City & County Management Association and Center for Florida Local Government Excellence's Training Program, March 18, 2016 • "Ethics in Land Use," National Business lnstitute's Land Use Law: Current Issues in Subdivision, Annexation and Zoning, April 3, 2014 • 2011 Regulatory Takings Seminar, CLE International, 2011 • "Cheesehead Fallout: What Is the Future of Public Sector Bargaining and Pensions in Florida?" 21st Annual Labor and Employment Law Seminar, 2011 • "Alternatives to Litigation," Regulatory Takings Seminar, CLE International, 2007 • "Making Code Enforcement Work," 10th Annual Public Interest Environmental Conference, University of Florida, 2005 • "What You Need to Know About Public Records and Open Meetings in Florida - Overlap and Interaction Between Public Records and Open Meetings," Lorman Education Services, 2001 30 Mitchell B. Kirschner Shareholder GrayRobinson, P.A. Mizner Park Office Tower, 225 N.E. Mizner Blvd. Boca Raton, Florida 33432 .J 561-886-4109 111 mitch. kirsch ner@g ray-robinson. com Experience Mitch Kirschner is a shareholder in the firm's real estate practice, focusing on joint ventures, real estate development transactions, from land use and zoning, condominiumization (including air-right condominiums) through purchase and sale transactions, financings (including mortgage loans, mezzanine loans, construction loans, credit facilities and inter-creditor agreements), hotel acquisitions and developments, acquisitions of real estate, construction agreements and the leasing and sale of a wide range of commercial properties, including commercial office buildings, hotels, shopping centers and multifamily housing. Mitch represents developers and other owners and investors in the acquisition of real estate and real estate interests, including in connection with joint ventures. He has extensive experience in leasing and has represented both owners and tenants in numerous leasing transactions. He also has experience in ground leasing and ground lease financing and has represented mortgage and mezzanine lenders, landowners and ground tenants in complex transactions involving ground leased properties. Mitch is a board certified real estate lawyer. Areas of Practice • Corporate • Residential, Resort & Club • Real Estate • Land Use Law • Hospitality Education • Brooklyn College, B.A. (1974) • John Marshall Law School of Chicago, J.O. (1979) 31 Admissions • Florida Professional Associations & Memberships • The Florida Bar o Board Certified in Real Estate Law o City, County and Local Government Law Section, Member o Real Property, Probate and Trust Law Section, Member • American Bar Association • Palm Beach County Bar Association • Palm Beach County Personnel Appeals Board, 1990-present Civic • Lynn University, Boca Raton, Board of Overseers • Boca Raton Community Hospital, Board of Trustees 32 Ty Harris Of Counsel GrayRobinson, P.A. Mizner Park Office Tower, 225 N.E. Mizner Blvd. Boca Raton, Florida 33432 .J 561-368-3808 • ty.harris@gray-robinson.com Experience Ty Harris is of counsel in GrayRobinson's Boca Raton law firm office. He focuses his practice on land use law, representing clients in both the public and private sectors. Mr. Harris has represented local and municipal governments, with a particular emphasis on land use, zoning, environmental and redevelopment matters from planning and regulatory perspectives. Mr. Harris has also provided support to governmental entities on matters such as public contracting, "sunshine" law, code enforcement and private property rights. He has served as the Code Board attorney for the City of Edgewater, special outside counsel to the City of Daytona Beach Shores in land use litigation, Assistant County Attorney for Charlotte County, Director of Community Development for Charlotte County and Director of Development Services for the City of Boca Raton. ln the private sector, Mr. Harris' representation involves residential, commercial, and institutional landowners, real estate developers and financial institutions on a variety of issues before federal, state, regional and local administrative agencies. These include obtaining land use and real estate development approvals, drafting zoning relief ordinances, and negotiating agreements for, and structuring the financing of, improvements needed for development projects and public/private partnerships. Areas of Practice • Land Use Law Education • Florida State University, B.S. (1989) • Florida State University, M.S. (1994) • University of Miami Miller School of Law, J.O. (1998) o CALI Excellence for the Future Award Recipient 33 o Dean's Certificate of Achievement Award o Legal Research and Writing Book Award o Florida Bar Young Lawyers Division Scholarship Admissions • Florida Professional Associations & Memberships • The Florida Bar o City, County & Local Government Law Section o Environmental & Land Use Law Section o Government Lawyer Section 34 Tom Loffredo Shareholder GrayRobinson, P.A. 401 East Las Olas Blvd., Suite 1000 Fort Lauderdale, Florida 33301 J 954-761-8111 • tom.loffredo@gray-robinson.com Experience Tom is managing shareholder of GrayRobinson's Fort Lauderdale office. He is a commercial litigator whose practice has a specific emphasis on employment and labor matters on behalf of management and corporate clients, banking and finance litigation, appellate practice and class-action litigation. Tom's employment and labor practice involves representation of clients in litigation and arbitrations, as well as before the Equal Employment Opportunity Commission and various state and local agencies, concerning matters arising under Title VI I of the Civil Rights Act of 1964, the Age Discrimination in Employment Act, the Americans with Disabilities Act, the Fair Labor Standards Act, and other federal, state and local anti-discrimination and employment statutes as well as common-law claims. He represents employers in business tort claims and in enforcing noncompetition agreements. Tom advises clients on compliance with employment-related statutes and regulations and assists in the development and implementation of employment policies. He also represents management clients in matters before the National Labor Relations Board, in collective bargaining negotiations and in union organizing campaigns. He regularly represents clients on appeals in both state and federal courts. Tom routinely represents financial institutions in their defense of mortgagee/servicer liability and false credit reporting claims at both the trial and appellate court levels. Tom has successfully represented corporations in class actions seeking relief under the Americans with Disabilities Act, Title VII of the Civil Rights Act and the Federal Drivers Privacy Protection Act and in their defense against other consumer class actions. He also represents clients in their defense of common-law and statutory privacy and tort claims. Tom has also served as court-appointed receiver for corporations that were the subject of federal civil enforcement actions. Background Tom earned his bachelor's degree in public relations in 1987 from the University of Florida, where he was a member of the Kappa Tau Alpha journalism honor fraternity. He earned his juris doctor cum laude in 35 1990 from the University of Miami School of Law, where he was a member of the University of Miami Law Review. Tom served as a federal judicial law clerk to the Honorable Kevin Michael Moore of the U S. District Court for the Southern District of Florida from March 1992 to September 1993. He is a member of The Florida Bar and is admitted to practice before the U.S. District Court for the Southern District of Florida, the U.S. District Court for the Middle District of Florida, the 11th Circuit Court of Appeal and the U.S. Supreme Court. Areas of Practice • Litigation • Employment & Labor • Banking & Finance • Appellate Education • University of Florida, B.S. (1987) o Kappa Tau Alpha • University of Miami School of Law, J.D. (cum laude, 1990) o Member, University of Miami Law Review Admissions • Florida • U.S. District Court, Northern District of Florida Professional Associations & Memberships • The Florida Bar • American Bar Association • Federal Bar Association • Academy of Florida Management Attorneys, Member • Litigation Counsel of America, Trial Lawyer Honorary Society, Fellow Awards & Recognitions • Best Lawyers in America, 2016 • South Florida Business Journal, Power Leaders in Law & Accounting, 2014-2015 • Florida Trend, Legal Elite, 2008, 2011, 2014 • Florida Super Lawyers, 2009-2016 36 Civic • Leadership Florida, Class XXXI, 2012-2013 • Leadership Broward, Class XXVIII, 2009-2010 • Leadership Fort Lauderdale, Class XIV, 2007-2008 • Leadership Broward Foundation o Board Member o Vice President of Governance o Six Pillars Broward, Civics and Governance Systems Pillar, Co-Chair • Crimestoppers of Broward County, Legal Counsel, 2007-present • The FLITE Center o Chair, 2015-present o Vice-Chair, 2014 - 2015 o Board Member, 2010-2014 • Make-A-Wish Foundation of Southern Florida, Wish Granter • Youth Leadership Broward, Class 25 Program Chair, 2011-2012 • Kiwanis of Cooper City, Charter Member 37 J. Michael Marshall Shareholder GrayRobinson, P.A. Mizner Park Office Tower, 225 N.E. Mizner Blvd. Boca Raton, Florida 33432 .J 561-368-3808 11 michael.marshall@gray-robinson.com Experience Michael is a land use attorney and planning consultant with a diverse educational and professional background in law, engineering and business administration. Michael represents private and public sector clients, including property owners, developers, financial institutions, title companies, large institutional entities such as hospitals and universities, municipalities and counties in a wide range of land use, planning and real estate matters. Michael advises private sector clients concerning property acquisition, due diligence and development yield analysis; title examination; analysis and review of restrictive covenants; and the preparation and review of purchase and lease agreements. Michael provides guidance and advice throughout the development planning and entitlement process on matters that include large-scale master plans, developments of regional impact, site plans, plats, zoning code and map amendments, comprehensive plan amendments, variances, conditional use approvals, and development agreements. Michael frequently appears before county commissions, city councils, community redevelopment agencies, planning and zoning boards, and other permit approval agencies in securing such approvals. Michael has also served as counsel of record or expert witness in land use and real estate litigation matters, such as certiorari review of local government land use decisions, constitutional due process, takings and other property rights claims, state and federal environmental claims, zoning code enforcement actions, actions to quiet title and release properties from restrictive covenants or other encumbrances, and landlord-tenant disputes. ln the public realm, Michael has worked closely with local governments in developing and drafting comprehensive plans, special purpose plans, zoning codes and other land development regulations. Michael has also represented local governments in defending comprehensive plans and land development regulations against both judicial and administrative challenges. 38 Areas of Practice • Land Use Law • Government • Senior Housing • Real Estate Education • North Carolina State University, B.S. (civil engineering, honors, 1994) • University of North Carolina at Wilmington, M.B.A. (high honors, 1998) • Florida State University College of Law, J.D. (honors, 2001) Admissions • Florida • U.S. District Court, Southern District of Florida • U.S. District Court, Northern District of Florida • U.S. Court of Appeals, 11th Circuit Professional Associations & Memberships • The Florida Bar o Environmental and Land Use Law Section, Member • Urban Land Institute o Infrastructure Committee, Member • Riverwalk Trust, Board of Directors and Chair, Master Plan and Projects Committee Articles & Publications • "Close Encounters of the Referendum Kind," Florida Bar Journal, November 201 O • "An Analysis of Affordable/Workforce Housing Initiatives and Their Legality in the State of Florida," Florida Bar Journal, June (Part I) and July (Part li) 2008 Presentations & Seminars • "Amendment Four: Separating Fact From Fiction," University of Miami School of Law, Ralph Boyer 23rd Institutes on Real Property, Fort Lauderdale, Florida, October 20, 201 O • "How Do We Deal With Amendment Four if lt Passes?" 13th Annual Super Conference, Land Use Law Continuing Legal Education seminar, CLE International, Tampa, Florida, August 26, 201 O • "lnclusionary Zoning Ordinances," 32nd Annual Local Government Law in Florida Seminar, hosted by City, County and Local Government Law Section, The Florida Bar, Orlando, Florida, May 8-9, 2009 39 • "The Status of Florida Law on Contract Zoning and Practical Drafting Suggestions to Avoid Contract Zoning Claims in Settlement Agreements," Land Use Law Continuing Legal Education seminar, CLE International, Tampa, Florida, September 15, 2006 40 Anastasia Protopapadakis Shareholder GrayRobinson, P.A. 401 East Las Olas Blvd., Suite 1000 Fort Lauderdale, Florida 33301 .J 954-761-8111 1111 anastasia.protopapadakis@gray-robinson.com Experience Anastasia is a shareholder in GrayRobinson's Fort Lauderdale and Miami offices and currently practices in the areas of commercial litigation, civil rights law, local government/municipal law, employment law and general tort litigation/personal injury defense. Prior to joining GrayRobinson, Anastasia's practice was dedicated solely to municipal defense, defending member cities of the Florida League of Cities in state, federal and appellate courts. She has handled simple negligence, intentional tort, education, defamation, employment, zoning, Sunshine Law violations, First Amendment and Section 1983 cases for various municipalities, including their elected officials and employees, and for governmental entities, such as the School Board of Broward County. As a result, Anastasia has state and federal court experience in both the trial and appellate court levels. She is admitted to practice before the U.S. Appellate Court for the 11th Circuit; U.S. District Courts for the Southern, Middle, and Northern Districts of Florida; and all Florida trial and appellate courts. She is also admitted to practice in the District of Columbia. Background Anastasia was born and raised in South Florida. She graduated summa cum laude from the University of Florida in 2004 with a bachelor of science in advertising. ln 2007, Anastasia earned her juris doctor from the University of Florida's Levin College of Law. While in law school, she worked as a certified legal intern for the 8th Judicial Circuit State Attorney's Office, prosecuting domestic violence cases. She also served on the University of Florida's Law Alumni Council and was the head student recruiter for the University of Florida Levin College of Law's Student Recruitment Team. Anastasia currently serves as a member of the University of Florida Levin College of Law Alumni Matching Program, which connects newly admitted students to law school alumni and remains active in student recruitment through this program. Areas of Practice • Class Action Defense Law • Employment & Labor 41 • Government • Litigation Education • University of Florida, B.S. (summa cum laude, 2004) • University of Florida College of Law, J.D. (2007) Languages • Fluent in Greek • Conversational Spanish Admissions • Florida • District of Columbia • U.S. District Court, Northern District of Florida • U.S. District Court, Middle District of Florida • U.S. District Court, Southern District of Florida • U.S. Court of Appeal, 11th Circuit Professional Associations & Memberships • The Florida Bar • Broward County Bar Association • The District of Columbia Bar Civic • American Heart Association South Florida Go Red For Women o Young Professionals Group, Chair, 2016 o Executive Leadership Committee, 2014-2016 • Leadership Broward, Class of XXXIV o Government and Education Day, Co-Chair, 2016 • Urban League of Broward County o Executive Planning Committee, 2016 Representative Experience • Zinn v. SCI Funeral Services of Florida, Inc., 568 Fed.Appx. 841 (11th Cir. 2014) (affirming district court's dismissal of a 200 million dollar class action lawsuit for lack of standing under Article lii). • Schwartz v. SCI Funeral Services of Florida, Inc., 554 Fed.Appx. 823 (11th Cir. 2014) (affirming district court's dismissal of a 200 million dollar class action lawsuit for lack of standing under the Class Action Fairness Act); 931 F.Supp.2d 1191 (S.D. Fla. 2013). 42 • McDaniel v. Sheriff of Palm Beach County, Fla., 491 Fed.Appx. 981 (11th Cir. 2012) (affirming summary judgment to Defendants and the district court's imposition of procedural and monetary sanctions on Plaintiff); Case No.: 10-81082-CIV, 2011 WL 6372788 (S.O. Fla., Dec. 20, 2011 ). • Harrington v. City of Key West, Florida, 2009 WL 1788406 (S.O. Fla. June 23, 2009) (order granting summary judgment in favor of defendant in section 1983 case). • Abella v. Simon, 49 So. 3d 1276 (3d DCA 201 O) (per curiam affirmation of summary judgment in favor of defendant in defamation case). • Kessler v. Monroe County, 995 So. 2d 505 (3d DCA 2008) (per curiam affirmation of summary judgment in favor of defendant in employment case). Awards & Recognitions • Florida Super Lawyers, Rising Star, 2016 • AV Preeminent™ rated by Martindale-Hubbel/ • Brickell Magazine, "Top 20 Professionals Under Forty," 2015 43 Mark Schellhase Shareholder GrayRobinson, P.A. Mizner Park Office Tower, 225 N.E. Mizner Blvd. Boca Raton, Florida 33432 .I 561-368-3808 111 mark.schellhase@gray-robinson.com Experience Mark practices in the area of commercial litigation. Mark has participated and handled nonjury trials, mediations and arbitrations throughout the state of Florida on behalf of large financial institutions, local governmental entities and small businesses. His representation includes matters involving commercial torts and consumer finance litigation in both state and federal courts in Florida. Mark also has extensive experience in assisting financial institutions in real estate litigation and title issues. Areas of Practice • Appellate • Banking & Finance • Class Action Defense Law • Hospitality • Litigation Education • Purdue University, B.A. • University of Central Florida, M.Ed. • Florida State University School of Law, J.D. (magna cum laude) o Order of the Coif Admissions • Florida o U.S. District Court, Middle District of Florida o U.S. District Court, Northern District of Florida 44 o U.S. District Court, Southern District of Florida o U S. Bankruptcy Court, Northern District of Florida o U.S. Bankruptcy Court, Middle District of Florida o U.S. Bankruptcy Court, Southern District of Florida o U.S. Court of Appeal, 11th Circuit Professional Associations & Memberships • The Florida Bar o Appellate Practice Section, Member o City, County and Local Government Law Section, Member o Trial Lawyers Section, Member • South Palm Beach County Bar Association Civic • Leadership Boca, Class of 2016 45 Stephen K. Tilbrook Shareholder GrayRobinson, P.A. 401 East Las Olas Blvd., Suite 1000 Fort Lauderdale, Florida 33301 .J 954-761-7845 m stephen.tilbrook@gray-robinson.com Experience Stephen Tilbrook is a shareholder in the Fort Lauderdale office and focuses his practice on complex land use, development and environmental matters throughout the state of Florida. Stephen represents property owners, expanding businesses, developers, financial institutions and institutional clients, including hospitals, universities and real estate investment trusts. He focuses on addressing the land use and environmental challenges of urban redevelopment, including brownfields, developments of regional impact, barrier island redevelopment, downtown development, marina developments, special entertainment districts and mixed-use development. As a former economic development coordinator for the City of Fort Lauderdale, Stephen represents clients on all matters of land development, including land use plan amendments, re-zonings, conditional use approvals, site plan approvals, platting, site selection and due diligence. With legal experience enhanced by his government service, Stephen uses an insider's perspective to counsel clients and to facilitate government agencies in resolving regulatory challenges and issuing development approvals and permits. He also practices government law and lobbying at the state and local levels, particularly on matters of business development, economic incentives for business growth/relocation and public procurement. Clients also rely on Stephen for guidance on environmental issues. A former assistant general counsel with the Florida Department of Environmental Protection, he is well-versed in the regulatory systems that protect the state's environment and natural resources. He represents clients in areas such as environmental due diligence, permitting, compliance, assessment and remediation. Notably, he helped achieve the first completed brownfields site in Broward County, and has experience in addressing environmental permitting and cleanup for marinas, gas stations, dry cleaners, chemical manufacturers and golf courses. 46 Background Stephen is a native of Fort Lauderdale, and a graduate of Fort Lauderdale High School and Leadership Fort Lauderdale (Class IV). After attending Tulane University and Stetson University College of Law, Stephen developed professional experience at the local, state and federal levels of government. He has been practicing land use and environmental law for over 20 years, and he is actively involved as a leader in the South Florida business community. Stephen is a frequent lecturer on issues involving land use and environmental law, and he is a former Adjunct Professor for Environmental Law at Florida Atlantic University. Areas of Practice • Environmental • Government • Senior Housing • Land Use Law • Regulated Products • Real Estate Education • Tulane University, B.A., political economy (1988) • Stetson University College of Law, J.D. (cum laude, 1994) Admissions • Florida • U.S. District Court, Northern District of Florida Professional Associations & Memberships • The Florida Bar o Environmental and Land Use Law Section o City, County and Local Government Law Section • American Bar Association • Broward County Bar Association • Greater Fort Lauderdale Chamber of Commerce, Board of Directors o Government Affairs Committee, Vice-Chair • Urban Land Institute • Marine Industries Association of South Florida • Florida Atlantic University, Adjunct Professor of Environmental Law • Nova Southeastern University o Ambassador's Board 47 Awards & Recognitions • AV Preeminent™ rated by Martindale-Hubbel/ Civic - Current Mr. Tilbrook has served in many capacities of civic leadership. Mr. Tilbrook currently serves on the following boards: • Greater Fort Lauderdale Chamber of Commerce, Board of Directors • Greater Fort Lauderdale Chamber of Commerce, Environmental Committee, Chair • Downtown Council of Fort Lauderdale, Board of Trustees, Executive Committee • Friends of Birch State Park, Inc., Vice President • Riverwalk Fort Lauderdale Trust, Board of Directors • Broward County Marine Advisory Committee • First Presbyterian Church of Fort Lauderdale, Campus Redevelopment Committee Civic - Past Mr. Tilbrook has served in the past in the following civic leadership capacities: • Riverwalk Fort Lauderdale Trust, Past Chair • Downtown Council of Fort Lauderdale, Past Chair • Leadership Fort Lauderdale, Class IV • Children's Diagnostic Treatment Center, Inc., Board Member • City of Fort Lauderdale Marine Advisory Board • City of Fort Lauderdale Beach Redevelopment Advisory Board • City of Fort Lauderdale Historic Preservation Board • Stranahan House Historical Museum, Board of Directors and Executive Committee • First Presbyterian Church of Fort Lauderdale. Deacon, Trustee and Elder Presentations & Seminars • "Status of Sea Level Rise in South Florida and the Possible Effects on the South Florida Real Estate Market," CREW Fort Lauderdale/Boca Raton's Rising Seas - Sea Level Rise & South Florida Real Estate Panel, May 3, 2016 48 Steven W. Zelkowitz Shareholder GrayRobinson, P.A. 333 S. E. 2nd Avenue, Suite 3200 Miami, Florida 33131 .J 305-913-0346 • steven.zelkowitz@gray-robinson.com Experience Steven is the managing shareholder in GrayRobinson's Miami office and co-chair of the Hospitality Industry Group. He focuses on complex real estate, land use and zoning matters for both public and private clients. He has extensive experience in the sale and purchase of all types of commercial properties, leasing and related transactions, lending, title insurance and developer representation including condominium and hotel development and construction projects, as well as representation of municipalities and community redevelopment agencies. He also has experience in public/private transactions, including large-scale transportation and public works projects, as well as in obtaining state and local tax incentives for businesses relocating to the state of Florida. ln addition, Steven has significant governmental law experience. He serves as general and special counsel to a number of community redevelopment agencies in South Florida, including the North Miami CRA, North Miami Beach CRA, Hallandale Beach CRA and Naranja Lakes CRA. He has also worked for a number of municipalities in South Florida, including Bal Harbour Village, Village of Key Biscayne, City of Aventura, City of Homestead, Town of Miami Lakes, City of Miramar, City of Weston, City of Dania Beach, City of Boca Raton, lslamorada, Village of Islands, and the City of Marathon. Steven has very strong ties to the community. He currently serves as general counsel to one of his favorite charities, the Humane Society of Greater Miami, and is active in the Anti-Defamation League. Steven has been named Top Lawyer in the South Florida Legal Guide since 2006 and recognized in South Florida Business Journafs "Best of the Bar" issue. He frequently lectures on real estate and governmental law issues. Background Steven was born in New York City and grew up in Livingston, New Jersey. After receiving his bachelor's from the University of Massachusetts, Steven attended Rutgers University, where he participated in a joint degree program and simultaneously received his juris doctor and master's in city and regional 49 planning. Prior to becoming a shareholder at GrayRobinson, Steven practiced in New York City and Orlando, Florida. Areas of Practice • Banking & Finance • Government • Government Relations & Lobbying • Hospitality • Land Use Law • Real Estate • Residential, Resort & Club • Restaurant • Transportation Education • University of Massachusetts, B.S. (1983) • Rutgers University, M.C.R.P. (1989) • Rutgers University School of Law, J.O. (1989) Admissions • Florida • New Jersey • New York • U.S. District Court of New Jersey Professional Associations & Memberships • The Florida Bar • New Jersey State Bar Association • New York State Bar Association • Florida Fiduciary Forum, Member • Florida Redevelopment Association, Member • Association of Florida Community Developers, Inc., Member • Risk Management Association (RMA) Southeast Florida Chapter, Member Awards & Recognitions • AV Preeminent™, Martindale Hubbell • South Florida Business Journal, Power Leaders in Law & Accounting, 2014-2015 • Daily Business Review, Dealmaker of the Year Finalist, 2014 • Chambers USA, Real Estate, 2012-2016 • South Florida Legal Guide, Top Lawyers, 2006-2014 50 • South Florida Business Journal, Best of the Bar, 2003 • South Florida Business Journal, The Book of Law, 201 O-present • Daily Business Review, Top Dealmakers of the Year Finalist, 2012 • Florida Trend, "Legal Elite," 2012 Civic • Miami Shores Village o Vice Mayor, 2015-2019 o Planning and Zoning, Board Member, 2013-2015 o Historic Preservation Board, Chair, 2002-2006 • Biscayne Corridor Community Redevelopment Agency, Commissioner • Greater Miami Chamber of Commerce, Trustee Member • North Miami Beach Chamber of Commerce, Trustee Member • North Miami Chamber of Commerce, Trustee Member • Fort Lauderdale Chamber of Commerce, Trustee Member Articles & Publications • CRAs - Time Tested and Popular, South Florida Legal Guide, 2007 • Lenders Should be Wary of Proposed Changes in the Bankruptcy Law That Are Designed to Cure the Home Loan Crisis, 2009 South Florida Legal Guide Presentations & Seminars • "Creating New Places from Old Spaces." North Miami Downtown Revitalization Forum, Miami, Florida, June 12, 2014 • "The ABCs of CRAs: Amending Your Community Redevelopment Plan," The John Scott Dailey Florida Institute of Government Seminar at FAU, co-sponsored by GrayRobinson and the FAU School of Urban and Regional Planning, November 14, 2013 • "The ABCs of CRAs: Community Redevelopment Agency Basics," The John Scott Dailey Florida Institute of Government Seminar at FAU, co-sponsored by GrayRobinson and the FAU School of Urban and Regional Planning, April 1 O, 2013 • "ABCs of CRA Deal Making: Rlls, RFQs, RFPs, Ethical Challenges and the "Art of the Deal," Hot Topics for Local Government Officials Annual Redevelopment Program Series, November 2, 2011 • "The ABCs of CRAs," Florida Atlantic University, School of Government, 2008-201 O • "The ABCs of PPPs," Florida Atlantic University, March 201 O • "Public/Private Transactions and Government Incentive Programs," Lorman Education Services, Government Contracts in Florida Conference • "From a Legal Perspective: So, How Do You Get lt Done Now?," 4th Annual Redevelopment Program, The ABC's of Dealing with CRAs, Working in the Post-Keio Environment, November 2006 • "Building and Land Use Attorneys Tell Their Side of Affordable Housing Issues," Florida Redevelopment Association, 2006 Annual Conference 51 Rebecca A. Rodriguez Associate GrayRobinson, P.A. 401 East Las Olas Blvd., Suite 1000 Fort Lauderdale, Florida 33301 J 305-913-0536 • rebecca.rodriguez@gray-robinson.com Experience Rebecca is an associate attorney in the firm's Fort Lauderdale and Miami offices. Her practice focuses on a vast array of litigation and administrative matters, including international trade issues and regulatory compliance for corporate clients. Background Rebecca was born and raised in Miami, Florida. After attending Coral Reef Senior High in Miami, Florida, she attended the University of Florida in Gainesville, where she received her bachelor's degree in anthropology. She then earned her master of science in criminal justice from Florida International University. Rebecca attended law school at Nova Southeastern University in Fort Lauderdale, Florida. While in law school, Rebecca served as the associate executive editor for the ILSA Journal of International and Comparative Law. She was also awarded The Florida Bar Gift Award, the book award in Antitrust Law, the SunTrust Bank Florence Bayuk Trust Scholarship for two consecutive school years, and the Florida Association of Realtors Education Foundation Scholarship. ln 2012, Rebecca represented Nova Law as one of two selected international negotiations competitors in Washington D.C. Areas of Practice • Land Use Law • Litigation • Real Estate • Government • Alcohol Beverage 52 Education • University of Florida, B.A. (2007) o Florida Bright Futures Merit Scholarship • Florida International University, M.S. (2010) • Nova Southeastern University Shepard Broad Law Center, J.D. (2012) o ILSA Journal of International & Comparative Law, Associate Executive Editor o Certificate in International Legal Practice o Florida Bar Gift Award o SunTrust Bank Florence Bayuk Trust Scholarship o Florida Association of Realtors Education Foundation Scholarship o Cali Book Award of Excellence in Antitrust Law o BLSA International Negotiations Competitor o Teaching Assistant: Constitutional Law courses and Lawyering Skills and Values courses Admissions • Florida • U.S. District Court, Middle District of Florida • U.S. District Court, Southern District of Florida • U.S. Court of International Trade Professional Associations & Memberships • The Florida Bar • Organization of Women in International Trade, South Florida • Florida Customs Brokers & Forwarders Association o Government Affairs Committee • Greater Fort Lauderdale Alliance • Beacon Council o International Advisory Committee • American Bar Association o International Law Section • Fall Meeting Planning Committee, 2013-2015 • Spring Meeting Planning Committee, 2014, 2016 • Customs Law Committee, Steering Group; Vice-Chair, 2016 o Administrative Law and Regulatory Practice • Beverage Alcohol Subcommittee • Customs & International Trade Bar Association (CITBA), Member Civic • Leadership Fort Lauderdale, Class XXII • Greater Miami Chamber of Commerce 53 o International Business Committee, Global Linkage Initiatives • Diamond Angels of Joe DiMaggio Children's Hospital Foundation, Committee Member Articles & Publications • "Customs Law," American Bar Association's International Legal Developments Year ln Review: 2015 • Customs Law, 49 lnt'I Law. 5, 2015 • Customs Law, 48 lnt'I Law. 5, 2014 • "Customs Law," American Bar Association's International Legal Developments Year ln Review: 2013 • "FDA Issues Final Rule Defining the Term "Gluten Free": What Food Manufacturers Need to Know for Product Labeling," FOLi Update Magazine, November 2013 • "TIB and FDA Policy Updates on Gluten-Free Labeling," FOLi Update Magazine, January 2013 • ILSA Journal of International & Comparative Law o Associate Executive Editor, Volume 19:3, Summer 2013 o Associate Executive Editor, Volume 19:2, Spring 2013 o Associate Executive Editor, Volume 19: 1, Fall 2012 o Associate Executive Editor, Volume 18:3, Summer 2012 o Junior Bilingual Editor, Volume 18:2, Spring 2012 o Junior Bilingual Editor, Volume 18: 1, Fall 2011 Presentations & Seminars • Customs Law Exhibitor, UL Anti-Counterfeiting Operations Brand Protection Conference, Fort Lauderdale, Florida, June 2013 • Trading Miami Symposium, University of Miami School of Law, Coral Gables, Florida, April 2013 • "Gateway to the Americas: Importing & Exporting," Hispanic Unity of Florida Entrepreneurship Summit, Fort Lauderdale, Florida, April 2013 Languages • Spanish 54 Clark Stephens Associate GrayRobinson, P.A. Mizner Park Office Tower, 225 N.E. Mizner Blvd. Boca Raton, Florida 33432 .I 561-368-3808 • clark.stephens@qray-robinson.com Experience Clark is an associate in the firm's Boca Raton office and a member of the land use practice group. He has an extensive background in land use law and urban planning. Prior to joining the firm, Clark served as Senior Planner at Siemon & Larsen, P.A. where he lead every stage of the entitlement process for small, mid and large-scale developments. He also served as a Planner at SSFM International in Honolulu and Aide to Mayor Richard J. Kaplan of the City of Lauderhill. Education • Furman University, B. A. (2002) • Florida Atlantic University, MURP (2008) • Florida International University, J.D. (2013) Admissions • Florida Professional Associations & Memberships • The Florida Bar Awards & Recognitions • Florida Association of Planning Professionals, Student Planner of the Year, 2008 55 Lourdes Federici Paralegal GrayRobinson, P.A. 333 S. E. 2nd Avenue, Suite 3200 Miami, Florida 33131 .J 305-416-6880 • lourdes.federici@gray-robinson.com Danielle Goodacre-Cline Paralegal GrayRobinson, P.A. 401 East Las Olas Blvd., Suite 1000 Fort Lauderdale, Florida 33301 .J 954-761-8111 • danielle.goodacre-cline@gray-robinson.com Deborah Scherer Paralegal GrayRobinson, P.A. 401 East Las Olas Blvd., Suite 1000 Fort Lauderdale, Florida 33301 .J 954-761-8111 • deborah.scherer@gray-robinson.com Lourdes has more than 30 years' experience in a variety of areas, including civil litigation, commercial litigation, civil rights law, employment law, ADA/Title lii defense, and general tort litigation/personal injury defense in state, federal and appellate court. She has assisted with the defense of local governmental entities, their officials and employees in a variety of civil actions, Lourdes earned her Certified Paralegal designation from NALA, and is a Registered Paralegal with The Florida Bar. Danielle is a Florida Registered Paralegal in the Litigation Department based in the Ft. Lauderdale Office. Danielle's focus is on commercial litigation, health care, ERISA & employee benefits and labor & employment. She has over 18 years' experience providing legal support and research in litigation matters. Danielle has significant experience in state court, federal court, and arbitration, including all aspects of discovery and trial. Danielle also has extensive experience in the ever-changing field of e-discovery, including its various document review platforms. Deborah is a bilingual, Spanish and English, real estate paralegal with some knowledge of French and Italian. She has spent the last 17 years working in both commercial and residential real estate matters. She studied at the University of California at Berkeley, La Sorbonne in Paris, and took the paralegal course at Florida International University in Miami. She belongs to the Broward Paralegal Affiliate Council of Attorneys' Title Fund Services, LLC. 56 xi. Fee Schedule If selected to serve as City Attorney, during the first three months of our tenure we will work with the City Manager and staff to prepare and submit to the City Council a review of the legal issues and litigation the City is currently involved in and develop, recommend and institute cost control measures to reduce the City's legal expenditures. Thereafter, we will reevaluate the legal services budget for the next year's budget. Annual Retainer: $350,000 per year for general legal services. Hourly Fee: $225 per hour for attorneys; $125 per hour for paralegals As full payment and compensation for general legal services, we propose an annual retainer of $350,000.00 for the following described work: • General legal advice to the Mayor and Council and all City Departments, including but not limited to: Building, City Clerk, City Manager, Finance, day-to day Employment & Labor (this includes EEOC charges but not actions in civil court), Information Technology, Parks & Recreation and Public Works (this includes regular office hours at City Hall and attendance at all required meetings). • Procurement review and bid protests that do not go to civil court. • Police legal issues (e.g., forfeitures). • Planning & zoning advice and review, meetings, and administrative hearings and appeals that do not go to civil court. • Oversight of outside counsel/law firms (if necessary). Subject to the approval of the City Commission as part of its annual budget process, this hourly rate may increase 2.5% on the anniversary date of this agreement (rounded up to the nearest whole number). For all other legal matters we propose to the City the blended hourly rate of two hundred twenty-five dollars and 00/100 ($225.00) for attorney services and one hundred twenty-five dollars and 00/100 ($125.00) for paralegal services, which shall be invoiced on a monthly basis. Excluded from general legal services (does not count toward the $350,000.00), is the following described or similar work: • All litigation. • Complex real estate transactions. • Labor negotiations. • Enterprise fund related issues. As part of this proposal, and to encourage communication between the City's leadership and our team, we will not charge for routine phone calls. Additionally, there will be no charge for travel to and from the City, nor charges for multiple attorneys to attend meetings related to City business unless the presence of the additional attorney is related to a matter excluded from general legal services. 57 Additionally, GrayRobinson will provide the following services to the City at no charge: Service Provided Description Electronic Advisories and Legal GrayRobinson will identify and send updates on new case decisions, regulatory issues, and changing legislation that is Updates timely and specific to the City of Delray Beach. GrayRobinson utilizes legal form repositories for motions and Management of templates/form pleadings for use by its attorneys around the state to minimize duplication of effort and costs to the City of Delray Beach. repositories These form banks will be shared with City Assistant Attorneys to maximize efficiency. GrayRobinson will administer in-person and online training Training programs sessions on topics requested by the City Commission. This proposal will be reviewed on an annual basis and subject to adjustment depending on the status of current and new litigation. GrayRobinson will consider alternative billing and cost arrangements. xii. Range, Scope & Method Initial Focus If selected to serve as City Attorney, during the first three months of our tenure we will work with the City Manager and staff to prepare and submit to the City leadership a review of the legal issues and litigation the City is currently involved in and develop, recommend and institute cost control measures to reduce the City's legal expenditures. We would also evaluate the City's current in-house legal staff for opportunities and potential changes. Thereafter, we will reevaluate the legal services budget accordingly and for the next year's budget. Accessibility GrayRobinson's goal is to provide exemplary legal services to the City of Delray Beach. John Herin will be on call and available for consultation, advice and other services as needed or wanted by individual City leadership and staff on a 24/7 basis. He will attend City meetings and be available for mutually agreed upon office hours at the City. He can be at City Hall within 30 minutes' notice. ln a true emergency, other members of the team are located less than 15 minutes away. GrayRobinson also utilizes the latest technology in teleconferencing and videoconferencing services so that our attorneys may connect with City leadership and staff from nearly any location. Each attorney will also provide his/her personal cell phone number. Resources ln addition to the City's current staff resources and the proposed GrayRobinson team, John Herin is able to call upon the vast experience and qualifications of 300 GrayRobinson attorneys, government consultants and other professional staff. These attorneys come from various professional backgrounds, including government, private industry and law firms. While this proposal summarizes in detail the experience of the GrayRobinson lawyers with whom the City will have the most interaction with, it is no way an exhaustive list of the many other individuals who are standing ready to assist the City with its legal needs. Accordingly, we do not envision the need for outside counsel, except when legal counsel is 58 provided by the City's insurance carrier (e.g., worker's compensation claims), or is legally mandated (e.g., certain code enforcement situations). Workload Management Our representation of the City of Delray Beach will be of the highest priority to John Herin and the other team members. Upon assignment, John will promptly handle or forward each task, oversee its timely completion, ensure the quality and usefulness of the completed work product, and ensure that the City has ample communication with the attorneys involved. While we cannot outline the exact timeframe for each work product at this time, we can assure the City that completing requests promptly and efficiently, while maintaining the quality of our work, will always be a priority. Training GrayRobinson will work with City leadership to determine current training needs for Assistant City Attorneys and staff. Suggested topics to be covered include: • Employment law trends • Whistleblower training • Public records law • Sunshine law • Post-legislative session update (This training will be made available through the firm's Lobbying and Governmental Relations team, one of the largest in Florida. This team would also be available to the City for consultation on key initiatives as desired.) 59 3. FORMS/ADDENDA GrayRobinson acknowledges receipt of one addendum issued on July 14, 2016. Related forms for this proposal follow. 60 Form A, Proposal Submittal Signature Page By signing this Proposal, the Applicant certifies that it satisfies all legal requirements as an entity to do business with the City, including all Conflict of Interest and Code of Ethics provisions. The execution of this form constitutes the unequivocal offer of Applicant to be bound by the terms of its Proposal. By signing this document, the Applicant agrees to all terms and conditions of this RFP which includes the Sample Agreement and is prepared to sign the Agreement as written. Applicant understands that if it submits exceptions to the Agreement in its Proposal, Applicant may be determined non-responsive. Failure to sign and submit this form may render the Proposal non-responsive. Firm Name GrayRobinson, P.A. Street Address: 401 East Las Olas Blvd. Suite 1000 Mailing Address (if different from Street Address) Telephone Number(s) 954-761-8111 Fax Number(s) 954-761-8112 mayanne.downs@gray-robinson.com (Local contact: John Herin, john.herin@gray-robinson.com) Email Address Federal Identification Number: 59-1300132 Acknowledged by: GrayRobinson, P.A. 9/9/2016 Printed Name and Title City of Delray Beach RFP No. 2016-128 City Attorney Legal Services Page 13 Form A - Signature Authority Indicate below Applicant's type of organization and provide the required documentation as applicable to demonstrate that the executor of Applicant's Proposal is duly authorized to execute on behalf of, and as the official act of, Applicant. Select Type of Officer Who Signed Required Authorizing Organization Proposal Submittal Documentation Signature Page IBJ Corporation President, Vice None President, or Chief Executive Officer D Corporation Director, Manager, or Corporate resolution other title D Limited Liability Member Articles of Organization or Company (LLC) - Operating Agreement Member-Managed D Limited Liability Manager Articles of Organization or Company (LLC) - Operating Agreement Manager-Managed D Limited Partnership General Partner Document demonstrating the legal authority to bind the Limited Partnership D Partnership Partner None CEO, Director, Manager Authorizing documentation or other title D Individual Individual None ~ Documentation is not required. D The required authorizing documentation is included with Proposal. City of Delray Beach RFP No. 2016-128 City Attorney Legal Services Page 14 Form B, Conflict of Interest Disclosure The purpose of this disclosure form is to give the City the information needed to identify potential conflicts of interest in the award of this contract. The term "conflict of interest" refers to situations in which financial or other personal considerations may adversely affect, or have the appearance of adversely affecting, an employee's professional judgment in exercising any City duty or responsibility in administration, management, instruction, research, or other professional activities. Select the statement below which applies to Applicant and, if applicable attach supporting information. ~ To the best of my/our knowledge, the undersigned has no conflict of interest as defined in Chapter 112, Florida Statutes and Section 2-443, Palm Beach County Code of Ordinances. D The undersigned individual/firm, by attachment to this form, submits information which may be a potential conflict of interest. Acknowledged by: GrayRobinson, P.A. Firm Name f· 9/9/2016 Signature Date Printed Name and Title City of Delray Beach RFP No. 2016-128 City Attorney Legal Services Page 15 ORIGINAL R. MAX LOHMAN* ABIGAIL FORRESTER JORAND BY+ BRADLEY W. BIGGS, P.A.*"' Attorneys at Law 601 Heritage Drive Suites 232~ 232A Jupiter, FL 33458 561.203.8208 LohmanLawGroup.com * Board Certified Specialist - City, County, and Local Government Law A Of Counsel + Admitted to Practice in the District of Columbia September 9, 2016 Honorable Mayor and City Commissioners City of Delray Beach 100 NW i5r A venue Delray Beach, FL 33444 Re: Response to Request for Proposal No. 2016~ 128 City Attorney Legal Services Dear Mayor and Commissioners: Lohman Law Group, P.A., is pleased to submit the following proposal to serve as the City Attorney, providing legal services for the City of Delray Beach. Lohman Law Group, P.A., is a full service law firm located in Jupiter, Florida that specializes in City, County, and Local Government Law, which includes all aspects of code drafting and interpretation, Sunshine Law and Public Records Act, law enforcement liability, zoning and land use law, labor and employment law, collective bargaining, all aspects of public finance (budget law, general obligation and special revenue bonds), procurement, government contracts, and franchise agreements, public construction, and code enforcement. As well, the firm has substantial general litigation experience with an emphasis on defense of constitutional/civil rights challenges, eminent domain, election law, and public official liability defense. Our mission is to provide creative and professional solutions to the complex issues that confront public officials and local governments. Like the public officials and local governments that we represent, we take great pride in working directly for our communities and have therefore established our law firm to provide a legal resource that is committed to the interests of the public sector. We strive to provide an "in-house" legal department experience at a cost that makes economic sense and represents a real value to local governments. Lohman Law Group, P.A., currently serves as City Attorney for the City of Palm Beach Gardens, Florida, Town Attorney for the Town of Lantana, Florida and General Counsel for the West Palm Beach Downtown Development Authority and the Delray Beach Downtown Development Authority. Our firm is comprised of three (3) attorneys, R. Max Lohman, Esq., B.C.S., Abigail Forrester Jorandby, Esq., Bradley W. Biggs, Esq., B.C.S., and a part-time paralegal professional and a part-time administrative assistant. 1 We are passionate about our representation of our local government clients and look forward to discussing our qualifications and how Lohman Law Group, P.A. might best serve the beautiful City of Delray Beach. Should you need to contact us regarding the content of this proposal please do not hesitate to contact R. Max Lohman, Esq. at 561- 203-8208 x-101, via cellphone at 561- 373-0278, or at max@lohmanlawgroup.com. Thank you in advance for your consideration. Sincerely, Lohman a ~L =! and ,Jr., sq. anaging Shareholder 2 TABLE OF CONTENTS Description of Qualifications 4 Firm Attorneys 6 R. Max Lohman,Jr 7 Abigail Forrester J orandby 9 Bradley W. Biggs 11 Designation of City Attorney and Assistant City Attorney 13 Professional Liability Insurance Certificate 15 Proposed Fee Basis 16 References 17 State of Florida Department of State Certification of Status 18 Proposal Submittal Page 19 Conflicts of Interest 21 3 DESCRIPTION OF QUALIFICATIONS Lohman Law Group, P.A., was established to meet the ever growing needs of local governments for expansive, comprehensive legal representation from a single law firm that represents only the interests of local governments, while providing the legal experience and resources of much larger firms. The field of municipal law continues to become increasingly complex and the demand for attorneys who have the experience, professionalism, and knowledge necessary to represent local governments has never been greater. We are a full service law firm located in Jupiter, Florida, that specializes in City, County, and Local Government Law, which includes all aspects of code drafting and interpretation, Sunshine Law and Public Records Act, law enforcement liability, zoning and land use law, labor and employment law, collective bargaining, all aspects of public finance (budget law, general obligation and special revenue bonds), procurement, government contracts, and franchise agreements, public construction, and code enforcement. In addition, the firm has substantial general litigation experience with an emphasis on the defense of constitutional/civil rights challenges, eminent domain, and public official liability. Furthermore, our firm is the only municipal law firm in the tri-county area to have successfully def ended a municipality from an adverse Internal Revenue Service audit of its independent contractors, saving the municipality over $200,000 in taxes and penalties. If the Internal Revenue Service would have prevailed the municipality would have had to abandon most of its recreation services as they would have become cost prohibitive. More recently, we became the first law firm in the State of Florida to successfully defend a municipal ordinance banning the sale of puppies and kittens under the Florida Constitution. The ordinance was challenged by an existing pet store in the city, alleging a violation of equal protection, substantive due process and vested rights. The plaintiffs also sought injunctive relief. In written order, the Honorable Menu Sasser ruled in favor of the City of Palm Beach Gardens on all counts. Most recently, we successfully defended the City of Palm Beach Gardens in a law suit brought by Sears, Roebuck and Co., challenging the constitutionality of a development order amendment for the Palm Beach Gardens Mall, alleging violations of both the United States and Florida Constitutions. Demons, LLP, the largest law firm in the world, also sought attorney's fees under 42 U.S.C §1983 and §1988. After a two-day trial, we prevailed on behalf of the city on all counts. Our firm is fully equipped with state of the art information technology hardware, software, and support equipment in order to allow us to provide outstanding legal services in the most responsive, efficient, and cost effective manner. We are capable of providing documents to our clients in any format that they may desire. Our attorneys have impeccable professional reputations and are highly regarded among their peers. The attorneys of Lohman Law Group, P.A., have served the following municipalities in the capacities and time frames set forth below: 4 Town of Lantana City of Palm Beach Gardens Town of South Palm Beach Village of Golf West Palm Beach DDA Delray Beach DDA Town of Cloud Lake Town of Glen Ridge City of West Palm Beach Town of Manalapan Village of Royal Palm Beach City of Atlantis Town of Palm Beach Shores Town Attorney - 2006 to present Assistant Town Attorney - 2004 - 2006 City Attorney - 2008 to present Special Counsel - 2007 - 2008 Town Attorney - 2006 to present Village Attorney - 2010 to present General Counsel - 2006 to present General Counsel - 2015 to present*** Special Magistrate - 2007 to present Special Magistrate - 2007 to present Special Magistrate - 2013 to present Assistant Town Attorney/Zoning Attorney - 2004 - 2014 Village Attorney - 2009 - 2013 Code Enforcement Attorney - 2004 - 2013 City Attorney- 2012 - 2014 Assistant City Attorney - 2010 - 2012 Special Counsel - A víation matters - 2004 - 2006 Assistant Town Attorney- 2010- 2014 ***Lohman Law Group has not provided any legal services for the Delray Beach DDA in over a year. If selected as the City Attorney of Delray Beach, Lohman Law Group would resign as General Counsel for the Delray Beach DDA and would agree to refrain from taking an adverse position or representing any client against the City of Delray Beach. 5 FIRM A TIORNEYS R. Max Lohman,Jr., Esq., B.C.S. Abigail Forrester Jorandby, Esq. Bradley W. Biggs, Esq., B.C.S. 6 R. MAX LOHMAN Attorney at Law ]l!-ºIiM~~ ~ 601 Heritage Drive Suites 232/ 232A Jupiter, FL 33458 Office: 561.203.8208 Mobile: 561.373.5213 Email: max@lohmanlawgroup.com LohmanLawGroup.com EDUCATION University of Maryland School of Law Juris Doctor,July 2003 United States Naval Academy B.S. / Oceanography, May 1993 PROFESSIONAL EXPERIENCE Baltimore, Maryland (08/2000 / 07/2003) Annapolis, Maryland (07/1989 / 05/1993) President and Managing Shareholder Lohman Law Group, P.A. 08/2014 - Present •!• Board Certified Specialist in City, County and Local Government Law •!• Rated A V Preeminent® by Martindale- Hubbell •!• General Counsel for the City of Palm Beach Gardens and the Town of Lantana • Chief legal advisor to the city/town council, city/town manager, city/town departments, boards and committees; including Local Planning Agencies, Planning and Zoning Boards, Code Enforcement and Building Board of Adjustment. •!• General Counsel for the West Palm Beach Downtown Development Authority (an independent special district) and the Delray Beach Downtown Development Authority (a dependent special district) • Chief legal advisor to the board of directors, executive director and staff. • Responsible for attending all board meetings and serving as legal counsel in all matters involving the district. •!• Code Enforcement Special Magistrate for the City of West Palm Beach and the Towns of Glen Ridge and Cloud Lake Extensive experience in various aspects of municipal representation, including a vast array of land planning and zoning matters, litigation defense of constitutional law and civil rights law suits, real property issues, eminent domain, prosecution of code enforcement cases, police and fire pension boards, and vehicle forfeiture, government procurement and contract matters. Also responsible for drafting ordinances, resolutions, contracts and other legal documents and handling litigation arising from challenges to land use and zoning matters, code enforcement proceedings, ordinances, and other municipal matters. 7 Associate Corbett, White and Davis, P.A. 04/2004 - 07/2014 •!• General Counsel for the City of Palm Beach Gardens and the Town of Lantana •!• General Counsel for the West Palm Beach Downtown Development Authority ( an independent special district) •!• Code Enforcement Special Magistrate for the City of West Palm Beach and the Towns of Glen Ridge and Cloud Lake Assisted with the representation of the firm's other Palm Beach County municipal clients including Atlantis, Palm Beach Shores, Manalapan, Mangonia Park, Royal Palm Beach, and Tequesta. Law Clerk Corbett and White, P.A. 06/2003, 04/2004 Naval Officer - Lieutenant Commander (sel.) United States Navy (Various Assignments as follows) 06/1986, 12/2002 Military Professor - U.S. Naval Academy 12/1999 , 12/2002 Naval Helicopter Pilot (Weapons & Tactics Instructor/Operations Officer) 01/1994 - 12/1999 Flag Staff Officer (Asst. Charting ts: Geodetic Requirements Officer) for the Chief of Naval Operations (Naval Oceanographer's Staff) 05/1993 - 01/1994 Midshipman - U.S. Naval Academy 07/1989 - 05/1993 Petty Officer 2nd Class (MM2) - Nuclear Qualified 06/1986 - 07/1989 Awards: 1999 Naval Helicopter Association (NHA) "Pilot of the Year" 1999 NHA - Southeast Region "Pilot of the Year" 1999 Commander Helicopter Maritime Strike Wing, U.S. Atlantic Fleet "Pilot of the Year" 1999 Helicopter Anti-Submarine light Squadron Four Six (HSL-46) "Pilot of the Year" Navy-Marine Corps Commendation Medal, Navy-Marine Corps Achievement Medal (2), National Defense Service Medal (2), Armed Forces Expeditionary Medal (2), Kosovo Campaign Medal, NATO Medal, Expert Rifle Medal, Expert Pistol Medal and numerous unit awards. COURTS All Florida State Courts - United States District Court, Southern District of Florida United States Court of Appeals for the Eleventh Circuit - United States Tax Court PROFESSIONAL MEMBERSHIPS Admitted Florida Bar (2004) American Bar Association Palm Beach County Bar Association 8 Office: 561.203.8208 Mobile: 561.281.2300 Email: abby@lohmanlawgroup.com LohmanLawGroup.com PROFESSIONAL EXPERIENCE llJ:-ºl!M~\i ~ 601 Heritage Drive Suites 232/ 232A Jupiter, FL 33458 ABIGAIL FORRESTER JORANDBY Attorney at Law •:• Lohman Law Group, P.A.,Jupiter, Florida,July 2014 to present • Assistent General Counsel,July 2014 to present o Legal Counsel for the Town of Lantana, the City of Palm Beach Gardens and the West Palm Beach Downtown Development Authority. o Duties include attendance at Commission and Planning and Zoning Board meetings, public contract negotiations, interpretation and application of applicable Federal, State and Municipal rules and regulations, code enforcement prosecution, and drafting of Local Government Ordinances, and Resolutions. o Provide legal representation of municipal clients for litigation matters in all courts in the State of Florida. •:• Corbett, White&: Davis, P.A., Lantana, Florida, October 2009 to July 2014 • General Counsel - City of AtlantÍs, August 2012 to July 2014 o Legal Counsel for the Town of Lantana, the City of Palm Beach Gardens and the West Palm Beach Downtown Development Authority. o Duties include attendance at Commission and Planning and Zoning Board meetings, public contract negotiations, interpretation and application of applicable Federal, State and Municipal rules and regulations, code enforcement prosecution, and drafting of Local Government Ordinances, and Resolutions. o Provide legal representation of municipal clients for litigation matters in all courts in the State of Florida. • Assistent General Counsel, October 2009 to July 2014 o Legal Counsel to the firm's ten municipal clients located in Palm Beach County, Florida. o Advised both elected officials and municipal staff regarding legal issues pertaining to municipal law, planning and zoning and land use matters. o Prosecuted and defended over Thirty/Five Hundred Code Enforcement cases from initial stages to hearing. o Prepared Appellate Briefs and Foreclosure Defense on behalf of the municipalities. •:• The Keane Law Firm, Chartered, Stuart, Florida,January 2008 to October 2009 • Estates and Trust Assodate,January 2008 to October 2009 o Legal Counsel concentrating in Estate and Trust Litigation, Guardianships, and Probate and Trust Administration. o Represented clients before Probate Courts in St. Lucie, Martin and Palm Beach County. 9 •!• Office of the State Attorney, 9th Judicial Circuit, Orlando, Florida, August 2001 to January 2008 • Assistant State Attorney, August 2001 to January 2008 fulfilling various positions for the Office of the State Attorney o Appellate Attorney, Special Prosecution Unit • Researched and drafted State appellate briefs, State responses to petitions for belated appeals and motions for post-conviction relief. o Felony Lead Trial Division Attorney, Felony Bureau • Prosecuted all levels of felony crimes including habitual violent offenders with over 30 jury trials to verdict. • Trained, supervised, and mentored junior attorneys in order to develop their trial and advocacy skills. o fuvenile Lead Trial Division Attorney • Managed and supervised Juvenile Bureau Unit and staff. o Traffic Trial Division Attorney EDUCATION University ol Horida, Levin College of Law, Gainesville, Florida,Juris Doctor, May 2001 • Editor-in-Chief of the Journal of Law and Public Policy • Student Legal Intern in the Virgil Hawkins Civil Clinic Florida Atlantic University, Boca Raton, Florida, B.A., Spanish, Summa Cum Laude, August 1998 • Golden Key National Honor Society • Phi Kappa Phi, National Honor Society • Phi Eta Sigma National Freshman Honor Society • Presidents and Deans List SKILLS, AFFILIA TIO NS AND VOLUNTEER ACTIVITIES • Admitted to Practice in the District of Columbia • Admitted to Practice in all Florida State Courts. • Admitted to Practice in the United States District Court, Southern District of Florida. • Member of the Palm Beach County Bar Association • Chair of the Palm Beach County Bar Lawyers for Literacy Committee for 2013- 2015 • Member of the American Bar Association • Member of the Forum Club of the Palm Beaches • Volunteer ESOL Teacher for El Sol Jupiter's Neighborhood Resource Center • Completed Adult Literacy Tutor Training from the Literacy Coalition of Palm Beach County, May 2014 • Certified Yoga Instructor • Volunteer Yoga Instructor for T rustBridge Health (Hospice) of Palm Beach County • Fluent in Spanish - Conversational in Italian 10 BRADLEY W. BIGGS, P.A. Attorney at Law Accomplishments • 10 years as a Florida Bar Board Certified Specialist in City, County and Local Government Law • Served as General Lead Counsel for three municipalities in Palm Beach County • Served as assistant counsel for six other municipalities • Served as assistant counsel for Palm Beach County League of Cities, Inc. • Currently serving as TownNillage Attorney for two municipalities in Palm Beach County • Currently General Counsel for South Central Regional Wastewater Treatment ts: Disposal Board- A Joint Special District for the Cities of Delray Beach and Boynton Beach • Florida Supreme Court Certified County and Circuit Court Mediator Professional Experience Associate Attorney- Corbett & White, PA; now known as Corbett, White, Davis, and Ashton, PA.- October 1998 - October 2013 • As General Lead Counsel, was responsible for the oversight of litigation, including appellate litigation • As General Lead Counsel, was responsible for land development issues and land development permitting • Prosecuted and directed Code Enforcement cases for the municipalities • Prepared a broad array of documents including, but not limited to, deeds, easements, leases, interlocal agreements, bids, ordinances and resolutions • Prepared memos and drafted opinion letters regarding a myriad of legal issues affecting the municipalities • Issued Attorney opinion letters regarding municipal bonds Notable Achievements • Was instrumental in forming a plan of cooperation between two adjacent municipalities so that portions of planned developments lying adjacent to the borders of the communities could utilize the commonly owned property through a series of agreements and development approvals • Assisted staff and developer in receiving land development approvals for a luxury, multi-family development by utilizing newly adopted state legislation and successfully soliciting the cooperation of the County government in order to convey necessary right-of-way to the municipality in order to facilitate a new access to the development Education Juris Doctor- Nova Southeastern University, Fort Lauderdale 1998 11 Professional Memberships Admitted Florida Bar (1998); American Bar Association; Palm Beach County Bar Association 12 DESIGNATION OF CITY ATTORNEY If Lohman Law Group, P.A., is afforded the honor of serving as the City Attorney for the City of Delray Beach, R. Max Lohman, Esq. will be the attorney designated to serve in the primary capacity as City Attorney. Mr. Lohman is a Board Certified Specialist (B.C.S.) in City, County and Local Government Law by the Florida Bar Association and he is rated AV Preeminent® by Martindale-Hubbell. He has concentrated his practice solely in this area of the law for the past 12 years. He has served as the Town Attorney for the Town of Lantana since 2006 and has served as the City Attorney for the City of Palm Beach Gardens since 2008. He has extensive experience in all facets of city, county and local government law. Mr. Lohman has successfully defended his clients in constitutional law challenges, inverse condemnation claims, Bert J. Harris claims, comprehensive land use challenges, declaratory actions, code enforcement appeals and zoning appeals. He was instrumental to the City of Palm Beach Gardens' review and approval of the Eriger Development of Regional Impact (DRI) and the Avenir Mixed-Use PCD, both of which are the largest developments of their kind in Palm Beach County. The Eriger DRI (now named the Alton DRI) is currently under development and will usher in new high technology and bioscience jobs, which are projected to have sustained multi-million-dollar economic impact on the county. Avenir is also currently under development and is a model of responsible growth with over 50% of the development's 5,000 acres dedicated to conservation. Mr. Lohman is very experienced in the defense of constitutional challenges to municipal ordinances. Notably, in a case of first impression under the Florida Constitution, Mr. Lohman successfully defended the City of Palm Beach Gardens in litigation brought by a pet store challenging the constitutionality of the city ordinance he drafted, which prohibited the retail sale of cats and dogs. Mr. Lohman is also extremely familiar with the land use and zoning challenges and general legal concerns facing coastal communities such as the City of Delray Beach. While serving as Manalapan's Assistant Town Attorney, Mr. Lohman re-wrote the town's zoning code, reviewed the architectural plans for nearly every structure built within the town between 2004 and 2010 and he successfully defended the appeal of a zoning variance denial all the way to the Florida Supreme Court. Mr. Lohman also challenged an adverse ruling by the Internal Revenue Service against the City of Palm Beach Gardens, in which the IRS had illegally designated numerous independent contractors as city employees. Ultimately prevailing, Mr. Lohman was able to convince the IRS to reverse its previous decision against the city without resorting to litigation. Most recently, Mr. Lohman successfully defended the City of Palm Beach Gardens in a declaratory action brought by Sears, Roebuck and Co. challenging the validity of an amendment to a planned unit development, alleging a violation of both the United States and Florida Constitutions. Please see Mr. Lohman's curriculum vitae on page 7 above for his various bar admissions and additional past work experience. 13 DESIGNATION OF FIRST ASSISTANT CITY ATTORNEY If selected, Mr. Bradley W. Biggs will serve as the Assistant City Attorney under Mr. Lohman. Mr. Biggs is a Board Certified Specialist (B.C.S.) in City, County and Local Government Law by the Florida Bar Association and is a Florida Supreme Court Certified County and Circuit Court Mediator. Mr. Biggs is an exceptionally accomplished attorney having over 18 years of experience representing numerous municipal clients. Mr. Biggs has successfully defended his clients in Bert J. Harris claims, comprehensive land use challenges, code enforcement appeals, and zoning appeals. Mr. Biggs has prosecuted over 5,000 thousand code enforcement cases and has collected well over $IM in fines and liens for his clients. Mr. Biggs possess extensive experience in all aspects of municipal finance, procurement, government contracts, administrative, legislative, and quasi-judicial proceedings, land use, zoning, and planning matters, ranging from the largest planned community developments to the smallest site plans. Mr. Biggs has provided legal counsel, guiding the development application process from cradle to grave, for hundreds of land development applications. Please see Mr. Bíggs's curriculum vitae on page 11 above for his various bar admissions and additional past work experience. DESIGNATION OF SECOND ASSISTANT CITY ATTORNEY If selected, Ms. Abigail F. Jorandby will serve as the Second Assistant City Attorney under Mr. Lohman and Mr. Biggs, as necessary. Ms. Jorandby is an exceptionally accomplished attorney having over 14 years of experience, with significant litigation experience ranging from felony criminal prosecutions to civil, eminent domain, and land use litigation. Since 2010, Ms. Jorandby has limited her practice to city, county and local government law. She previously served as the Assistant Town Attorney for the Town of Manalapan from 2010 - 2014 and she currently serves as the Assistant Town Attorney in the Town of Lantana and the Assistant City Attorney for the City of Palm Beach Gardens. Her responsibilities in Lantana and Palm Beach Gardens include serving as the legal advisor to the police departments, fire departments, building departments, and she is the land use and zoning attorney in Lantana. Mr. J orandby is also responsible for the prosecution of all code enforcement cases for both the Town of Lantana and the City of Palm Beach Gardens. Between she and Mr. Lohman they have prosecuted over 10,000 code enforcement cases. Please see Ms. Jorandby's curriculum vitae on page 9 above for his various bar admissions and additional past work experience. 14 PROFESSIONAL LIABILITY CERTIFICATE LOHPILAW-01 COOKP ACC,Rc,· CERTIFICATE OF LIABILITY INSURANCE I OAlE -1)01\'YYY) ~ 11/812016 THS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLYANDCONFERSNORIGHTSUPONTHECERTIFICATEHOLDER THIS CERTIFICA TE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR AL TER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BET'JlieEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER IMPORTANT: If the certlftcate holder la an ADDITIONAL INSURED, the pollcy(lea) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain pollcles may require an endorsement. A atatement on thl• certlftcate does not conr.r rights to the certificate holder ln lieu of such endorsement(• i PRODUCER Lle-e# 0Ee7718 NAME~"' Insurance Office of America, Inc. ~.9':~ ·-· (720) 52-M700 I ÍÂ.ê No• (720) 524-41544 300 South Jackson Street Sulte600 ~;:-ft-::-:,_ Denver, CO 80209 INSURfRISl AHOROIIG COlll'RAGE NAIC # INSURER •: Natlonal SUl1!tv Corporation 21881 NSURED INSLRERB: Lohman Law Group, P.A. INSURER C: II01 Heritage Drive INSI.IIER D: Jupiter, FL 33458 INSURER E: INSURERF: COVERAGES CERTIFICATE NUMBER· REVISION NUMBER· THS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOWHAVEBEENISSUEOTOTHEINSUREONAMEOABOVEFORTHEPŒ.ICYPERIOO INDICATED. NOTWTHSTANONG ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACTOROTHEROOCUMENTWTHRESPECTTOIM-ilŒlTHIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREINISSUBJECTTOALL THE TERMS. EXCLUSIONS ANO CONDl1l0NS OF SUŒl POLICIES. LIMITS SHO~ MAY HAVE EEEN REDUCED BY PAIO CLAIMS . Til:' lYPE OF IISURANCE r.:-.::: :::-.:: nn.o ICYNUlmER ..-..-YEff u~rv LMTS C OIIIERCIAl GENERAI. LIAHLITY EACH OCCURRENCE $ - =i CIAIMS-MADE D OCCUR PREMìsEs (E~ .. òè~~~ncel - $ - MEO EXP fAnv one person) $ - PERSONAL & Aí:N INJURY $ GEN1..AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ ~ POLICY D ~f& D LOC PRODUCTS· COMP/OP AGG $ OTHER: $ AUTOMOBLE LIABILITY YF'â'äcci ere u~" $ - ANY AUTO BODILY INJURY (Per person) $ - ALLOWNED F SCHEDULED AUTOS AUTOS BODILY ll'LIURY (Per accident) $ NON-OWNED r~~~fc7Je~k"'"'"IJC $ HIRED AUTOS AUTOS - $ UIIMELLA UAB HOCCUR EACH OCCURRENCE $ ~ EXCESSUAB CIA IMS.MADE AGGREGATE $ DEO I I RETENTION$ $ WO MERS COIFENSA TION I STATUTE I I~~,.,. Ate> EIFLOVERS"UABR.ITY Y/N ANY PROPRIETORIPARTNERIEXECUTIVE D N/A E.LEACH ACCIDENT $ OFFICER/MEMBER EXCLUCEO? (lh,doto,y ln NHI E.L DISEASE· EA EMPLOYEE $ ~È;~~~rJ~ 'b"l~PERATIONS below E.L DISEASE· POLICY LIMIT $ A l.awyerw Professional !019587358.00 08Al7/2016 08107/2017 PerClalm 1,000,00C A l.awverw Professional 1!>19587368.00 0807/2016 08107/2017 ~ggregate 1,000,00C DESCRIPTION OF OPERATIONS/ LOCA ne.es I VEHICLES (ACORD 101, Addllanal Remarks Schedula. ffll9I' be attadled I' nure space •• required) CERTIFICATE HOLDER CANCELLATION SHOlA.DANYOF Tl-E ABOVE DESCRlEED POLICIES EE CANCl:LLED !EFORI: nE EXPIRATION !¥\TE THEREOF, NOTlCI: WILL IE DEUVl!RED IN ACCORDANCE WITH nE POLICY PROVISIONS. None AUTHORIZED REPRESENTATIVE 7--~(--. I ACORO 25 (2014/01) 11:11988-2014 ACORO CORPORATION. All rtghts reserYed. The ACORD name and logo are registered marks of ACORD 15 PROPOSED REPRESENTATOIN AND FEE BASIS The Lohman Law Group would like to offer the following representation and fee option for the City Commission's consideration: Option #1: For services as City Attorney we propose no retainer but would charge a blended rate of $210.00 per hour for all general legal work and $250.00 per hour for litigation, administrative hearings, and appeals from administrative hearings. Code enforcement hearings will be billed as general legal work. Actual reimbursable costs expended on behalf of the City will be included on each monthly invoice and will include items for which our firm has incurred outside costs, such as sending items by Federal Express or other overnight courier, court costs, court reporting, filing fees, copies and the like. There will be no charge for faxes sent or received, or long distance telephone charges. There will also be no charge for travel time between the City and the firm's office. Option #2: For services as City Attorney we propose a monthly retainer of $25,000.00. Once the monthly retainer is exhausted any additional legal services would be billed at a blended rate of $210.00 per hour for all general legal work and $250.00 per hour for litigation, administrative hearings, and appeals from administrative hearings. Code enforcement hearings will be billed as general legal work. Actual reimbursable costs expended on behalf of the City will be included on each monthly invoice and will include items for which our firm has incurred outside costs, such as sending items by Federal Express or other overnight courier, court costs, court reporting, filing fees, copies and the like. There will be no charge for faxes sent or received, or long distance telephone charges. There will also be no charge for travel time between the City and the firm's office. For both Options #1 and #2, we would propose that the city continue to employ the three "in house" assistant city attorneys that it currently does. We would continue to utilize their talents and abilities, along with the city's support staff in order to provide the level of service the city has grown accustomed to. As a means of accommodating this "hybrid" approach to legal services, we propose delegating supervisory authority of the city employed attorneys to Mr. Lohman, as the City Attorney. The details of such an arrangement can be addressed in the legal services agreement. Such supervisory authority, subject to reasonable limitations, would be necessary in order for Mr. Lohman to properly and ethically discharge his responsibilities as City Attorney. I am confident that this type of "hybrid" approach to legal services will result in significant savings to the City of Delray Beach. During my eight-year tenure as the Palm Beach Gardens City Attorney I have saved the city an average of $200,000 per year in legal fees from what the city was paying prior to my selection as the city attorney, totally approximately $1.6M. Lohman Law Group, P.A. is fully integrated with both the City staff in Palm Beach Gardens and the town staff in the Town of Lantana. In both municipalities, we have achieved our espoused goal of providing the client an "in house" counsel experience while also providing superior legal representation, but with the cost savings realized with an outside firm. 16 REFERENCES Mayor David J. Stewart Town of Lantana, Florida 500 Greynolds Circle Lantana, Florida 33462 Tel. (561) 762-0520 dstewart@lantana.org Deborah S. Manzo, Town Manager Town of Lantana, Florida 500 Greynolds Circle Lantana, Florida 33462 Tel. (561) 540-5010 dmanzo@lantana.org Vice Mayor Eric Jablin City of Palm Beach Gardens, Florida 10500 North Military Trail Palm Beach Gardens, Florida 33410 Tel. (561) 627-4927 ejablin@pbgfl.com Ron Ferris, City Manager City of Palm Beach Gardens, Florida 10500 North Military Trail Palm Beach Gardens, Florida 33410 Tel. (561) 799-4110 rferris@pbgfl.com Raphael Clemente, Executive Director West Palm Beach Downtown Development Authority 301 Clematis Street, Suite 200 West Palm Beach, Florida 33401 Tel. (561) 833-8873 rclemente@westpalmbeachdda.com Richard Radcliffe, Executive Director Palm Beach County League of Cities 301 N. Olive Avenue, Suite 1002.17 West Palm Beach, Florida 33401 Tel. (561) 355-4484 rradcliffe@pbcgov.org 17 STA TE OF FLORIDA DEPARTMENT OF STATE CERTIFICATION OF STATUS State of Florida Department of State I certify from the records of this office that LOHMAN LAW GROUP, P.A. is a corporation organized under the laws of the State of Florida, filed on March 5, 2012. The document number of this corporation is Pl 2000021938. I further certify that said corporation has paid all fees due this office through December 31, 2016, that its most recent annual report/uniform business report was filed on March 7, 2016, and that its status is active. I further certify that said corporation has not filed Articles of Dissolution. Glvea 1Ul4er .1119' lua,d aad tJ,e Great Seal oftl,e Stale of Florida at Tallal,a.s:see, tJ,e Capimi, tJds 11,e Eélúll day tifSeple#fber, 2016 . 'b . :i ';;' '',.~ . Yf'\Ï:Tt":: _ . \ ' ' .:::; ':it~fJ; ~· r·-· . ~.:.:.J.·, ', . ~()~ Secretary of State TracklngNurnber: CU0949146062 To authenticate this certificate, visit the Collowmg slte,enter this number, and then Callow the bstructlons dlsp layed. https://servlces.sunba.org/Flllogs/CertlficateOfStatus/Certl"lcateAuthentlcatloo 18 PROPOSAL SUBMITTAL PAGE Form A. Proposal Submittal Signature Page By signing this Proposal. the Applicant certifies that it satisfies all legal requirements as an entity to do business with the City. including all Conflict of Interest and Code of Ethics provisions. The execution of this form constitutes the unequivocal offer of Applicant to be bound by the terms of its Proposal By signing this document, the Applicant agrees to all terms and conditions of this RFP which includes the Sample Agreement and is prepared to sign the Agreement as written. Applicant understands that 1f 11 submits exceptions to the Agreement in its Proposal. Applicant may be determined non-responsive Failure to sign and submit this form may render the Proposal non-responsive. F,rm Name Lohman Law Group. P.A. s:roet Address 60 I Heritage Dr.. u i tes 232-232A. Jupiter. FL 33.J58 ---------- Mailing Address (11 different from Street Address) Telephone Number(s) Fax Number(s) 561-203-8208 Email Address maxlâ>lohmanlawgroup.com Federal lde11bficabon Number· 45-5200878 -------------- Acknowledged by· hman. Esq .. ß.C .S .. President and Managing Shareholder Pnnted-~N-am_e_a.._nd~Îllle City of Delray Beach nrr No 201e-12e City Attorney Legal Services Page 13 19 Form A · Signature Authority Indicate below Applicant's type of organization and provide the required documentation as apphcabte to demonstrate that the executor of Applicant's Proposal is duly authorized to execute on behalf of. and as the official act of. Applicant. Select Type of Officer Who Signed Required Authorizing Organization Proposal Submittal Documentation Sianature Paae ~ Corporation President, Vice None President, or Chief Executive Officer LJ Corporation Director, Manager. or Corporate resolution other title LJ Limited Liability Member Articles of Organization or Company (LLC) - Operating Agreement Member-Managed I D ' l.nmted Liability Manager Articles of Organization or Company (LLC) - Operating Agreement Manager-Managed o Limited Partnership General Partner Document demonstrating the legal authority to bind the Limited Partnership LJ Partnership Partner None CEO. Director. Manager Authorizing documentation or other title nJ lnd1v1dual Individual None -- Documentation is not required. O The required authorizing documentation is included with Proposal. City 01 De ray Beach RFr No 2016-120 City Attomey Legal Services Page 14 20 CONFLICT OF INTEREST Form B, Conflict of Interest Disclosure The purpose of this disclosure form is to give the City the information needed to identify potential conflicts of interest in the award of this contract. The term "conflict of interest" refers to situations in which financial or other personal consrcerauons may adversely affect. or have the appearance of adversely affecting, an employee s professional judgment in exercising any City duty or responsibility in administration. management instruction. research. or other professional activities. Select the statement below which applies to Applicant and, if applicable attach supporting information [xl To the best of my/our knowledge, the undersigned has no conflict of interest as defined in Chapter 112. Fionda Statutes and Section 2-443, Palm Beach County Code of Ordinances. O The undersigned mdrvidual/fìrm. by attachment to this form, submits information which may be a potential conflict of interest. Acknowledged by Lohman L Fir~ sf;::e v _ R. Max ohman. Esq .. B.C.S. President and Managing Shareholder Prmted Name and Title City of Oe,ray Beach Kt-f' NO zo H> ILI! City Attorney Legal Services Page 1!> 21 ORIGINAL City of Delray Beach, Florida City Attorney Legal Services Purchasing Department RFP No. 2016-128 PROPOSAL To PROVIDE CITY ATTORNEY LEGAL SERVICES IN RESPONSE TO RFP NO. 2016-128 Submitted by: ATTORNEYS AT ll\W I Foundcdl960 750 Park of Commerce Blvd., Ste. 210 Boca Raton, Florida 33487 (561) 982-7114 www.NasonYeager.com Due Date & Time: September 9, 2016 at 2:00 p.m., Eastern Standard Time Table of Contents Letter of Transmittal 2 Qualifications and Experience 4 The City of Delray Beach City Attorney Team 5 Experience and Qualifications of the City Attorney Team 5 Method and Approach of Providing City Attorney Services 10 Initial 90-Day Assessment and Transition Plan 10 Approach to Legal Services and Management of In-House Employees 11 Public Sector Experience 13 Fee Schedule and Budget Development 15 Insurance and Pending/Resolved Claims 17 Conflicts of Interest 17 Proposal Summary 18 Attorney Biographies 19 1 Letter of Transmittal ATTORN[YS AT I /\\V Founded 1960 JOHN J. FUMERO OFFICE: Board Certified State & Federal Government (561) 982-7114 & Administrative Practice lawyer FAX NUMBER: E-MAIL ADDRESS: (561) 982-7116 jfumero@nasonyeager.com September 9, 2016 MAYOR GLICKSTEIN & CITY COMMISSION City of Delray Beach 100 N.W. 1st Avenue Delray Beach, Florida 33444 Re: Proposal for City Attorney Legal Services in Response to RFP No. 2016-128 Dear Mayor Glickstein & City Commission: The law firm of Nason Y eager, Gerson, White & Lioce, P.A. (the "Firm") is pleased to submit our Proposal to Provide City Attorney Legal Services in Response to RFP No. 2016- 128 ("the Proposal"), along with the Firm's qualifications to provide City Attorney Services to the City of Delray Beach (the "City"). As described in more detail in the Proposal, the Firm has an established and extensive public sector representation practice and track record. Our attorneys collectively have over 50 years of actual work experience in the public sector, as well as a diverse portfolio of public sector, including municipal and other local government, representation. While utilizing a seasoned, core team approach to provide legal services and support to the City, the Firm shall, in concert with City Commission direction, designate an attorney on the team to serve as the primary point of contact for this representation. This individual shall serve as the formally designated "City Attorney." The candidate that the firm would propose to serve this role is Azlina Goldstein Siegel. Ms. Siegel has 1 O years of legal experience serving as legal counsel to a municipality, including most recently serving as the Interim City Attorney for the City of Port St. Lucie. Ms. Siegel has a proven track record, including a broad range of knowledge and experience in local governmental law, managing an in-house legal department, and the interpersonal skills to serve the needs of the City. Given the firm's extensive public sector experience, the core team is well-versed on the importance of accountability and transparency in the provision oflegal services. We are committed to performing the required work by utilizing a customized approach, based on the City's actual needs and priorities as outlined in this Proposal, in a manner that abides by three guiding principles 2 that shall govern our representation of the City. These guiding principles are: (1) to provide quality legal services in a cost effective and efficient manner; (2) to maintain the flexibility necessary to create a legal services plan that is customized to best serve the City's specific legal needs and priorities; and (3) to facilitate open and direct communication with your City Attorney's Office, and undertake our work with complete transparency and accountability. Therefore, as described in more detail herein, the Firm is proposing to develop and present, within 90 days of its engagement, a City-focused workplan consisting of recommendations and strategies that is tailored to address the City's legal service and support needs and priorities, along with a meaningful budget based on the customized workplan. This workplan shall be developed with direction from, and in concert with, the City Commission, the City Manager's Office, key City Staff, and any other stakeholders deemed appropriate by the City Commission. In our experience, following this approach will ensure that the City receives top-quality legal service and support focused on the City's unique issues, priorities, and goals. Sincerely, John J. Fumero on behalf of the Firm and the Proposed City of Delray Beach City Attorney Team 3 Qualifications and Experience Nason, Yeager, Gerson, White & Lioce, P.A. ("Nason Yeager" or the "Firm") is a multi-service law firm that has been dedicated, during its 56 year history in Palm Beach County, to provide clients with top-quality legal services. Since being founded in 1960, Nason Yeager, through its offices in Palm Beach Gardens and Boca Raton, Florida, provides a broad range of legal services to local and state governments and public agencies, regional and nationally known business entities, emerging businesses, developers, entrepreneurs, and individuals across the state of Florida and the United States. No business can sustain itself, and be successful for over a half-century, without providing excellence in service to its clients. Nason Yeager is recognized by Martindale-Hubbell with an AV rating, the highest quality rating conferred by this nationally-recognized agency, with a Tier 3 Metro and has also been named to 2016 "Best Law Firms" List by having a Tier 3 Metro designation by U.S. News - Best Lawyers "Best Law Firms" rankings. Exceptional representation coupled with personalized and accessible service to meet the exacting needs of our clients is how Nason Yeager continues to distinguish itself today. Should the firm be privileged to be selected by the City, this tradition of excellence will be brought to the City. Nason Yeager is a results driven law firm, comprised of 28 attorneys plus a support team of 24 individuals who are paralegals and other clerical staff. To be effective, we provide strategic, timely and pragmatic legal counsel to public and private sector clients in a wide array of practice areas, with a strong emphasis on governmental and Administrative, Dispute Resolution and federal and state litigation, real estate, property rights, bond and finance, commercial transactions, environmental and land use, among other areas of specialization. Nason Yeager has a long history of working on local government issues throughout Florida, which has included interfacing with all levels of federal, state, regional and local agencies, on behalf of our public and private sector clients. The attorneys at Nason Yeager have been representing governmental entities and special districts, including providing legal representation before federal, state and administrative courts and agencies, in a wide-range of practice areas, and a myriad of matters ranging from general municipal law, public records and Sunshine law, ethics, land-use, planning and zoning, eminent domain, bond and public finance, environmental/regulatory law, public utilities, code enforcement, procurement and purchasing, litigation, appellate law, and other related practice areas. The fact is representation of a public sector entity, like the City, requires extensive and practical experience of the special needs and constraints of a local government. Among other things, this is why transparency and accountability is a cornerstone of our public sector representation. This experience and insight uniquely qualifies Nason Yeager to provide efficient and effective general and special legal services to the City of Delray Beach as its City Attorney. 4 If selected, the City of Delray Beach Legal Team ("the Team"), shall constitute the core team of attorneys that would represent the City of Delray Beach, have an exemplary reputation in providing legal representation and managing high profile, complex and challenging matters for our public sector clients. The Team also has an established track record in managing in-house law offices to ensure those resources are being utilized efficiently, and are focused on the priority needs of the City. THE CITY OF DELRAY BEACH CITY ATTORNEY TEAM The members of the Team shall consist of Azlina Goldstein Siegel, John J. Fumero, and Thomas F. Mullin. The Primary Contact for all work done by or on behalf of the City Attorney's Office would be Azlina Goldstein Siegel. As the Primary Contact of the Delray Beach City Attorney Team, Ms. Siegel's role will be to serve as the point person when a question or concern needing immediate attention arises - whether legal or administrative in nature - and she would serve as the designated City Attorney for the City of Delray Beach. John J. Fumero will serve as the first alternate to Ms. Siegel should she not be available. The Team is actively involved in all aspects of representation of governmental entities, including drafting ordinances and resolutions, lobbying, drafting legislation, risk management, taxation, assessments, interlocal agreements, public-private partnerships and the myriad of other issues unique to local governments. From reasonable accommodation requests and sober homes, to signage ordinances, economic development deals, and defending against public records, sunshine, and ethics law issues, the Team is well versed on what it takes to meet the needs of the City. Another key component of public sector representation is communication and responsiveness. This component not only involves the City Commission and City Management, but also constituent stakeholders who rely on the City Attorney's Office for timely and responsive legal service. Our team approach is designed to maximize responsiveness and communications in the provision of top-quality legal services as the City Attorney for the City of Delray Beach. Importantly, the Firm is not, nor will it, portray itself as being able to represent the City on all, or any, matter that may come before the City. Rather, our philosophy and track record is managing and identifying where the experience or capability of another firm or individual best suits the City's needs. The Firm shall not seek to take over all legal matters of the City. Such an approach is inherently not in the best interests of the City. EXPERIENCE AND QUALIFICATIONS OF THE CITY ATTORNEY TEAM AZLINA GOLDSTEIN SIEGEL: As previously mentioned, Azlina Goldstein Siegel is the individual that the Firm is proposing to serve as the formally designated "City Attorney" and the Primary Contact for the City Commission, City Manager, Department Heads and City Staff. Ms. Siegel has 1 O years of governmental law experience. Ms. Siegel recently served as the Interim City Attorney, through the Firm, for the City of Port St. Lucie. Prior to joining Nason Yeager, Ms. Siegel worked as an Assistant City Attorney for the City of Port St. Lucie and legal counsel for the Port St. Lucie Community Redevelopment Agency (CRA). She has a 5 broad range of knowledge and extensive experience in local government law which can mainly be attributed to her legal career with the City of Port St. Lucie that required her to handle complex issues, litigation, and appellate work. Ms. Siegel has dealt with matters that required creative thinking and innovative solutions as the matters for which she became the "go to" attorney extended beyond the routine legal and administrative matters that a local government agency and its officials encounter. Ms. Siegel's specialization in real estate law, eminent domain and private property rights law, civil litigation, contracts, environmental and permitting issues, utilities, economic development and numerous other areas of the law, will provide further depth and proficiency in the Team's provision of legal services involving the City's Environmental Services, Planning, Zoning & Building, Purchasing, and Community Services Departments. JOHN J. FUMERO: With 29 years of experience, approximately half of that time devoted to working within the public sector, Mr. Fumero's legal career began with a short stint at the United States Justice Department, Southern District of Florida, Miami office, and thereafter he served as General Counsel, and Director of Legislative and Governmental Affairs, of the South Florida Water Management District. Throughout his years of practice, Mr. Fumero has developed a wide range of experience in the practice areas ofland use and zoning, land development, governmental affairs, property rights, public-private partnerships, public works projects, public procurement, environmental/regulatory law, and related federal, state and administrative litigation. Mr. Fumero is AV rated by Martindale-Hubbell, the highest rating an individual can receive from reviewed peers which signifies that Mr. Fumero's peers recognize him as having the highest level of professional excellence for his legal knowledge, communication skills and ethical standards. Mr. Fumero is Board Certified as a specialist in state and federal government and administrative practice by the Florida Bar. Board certification recognizes specialized knowledge, skills and proficiency in state and federal governmental and administrative law. He is also a Florida Supreme Court Certified Mediator. Mr. Fumero has focused his private practice on the representation of public sector entities, including cities and counties throughout Florida. He is a recognized expert in Florida's Public Records, Sunshine, and Ethics laws and he has been a featured author and speaker at conferences for the Florida League of Cities, the Florida Municipal Attorneys Association, and the Florida Association of Counties on a variety of topics of importance to local governments. THOMAS F. MULLIN: For over 12 years, Thomas Mullin has either represented governmental clients, or private sector clients seeking entitlements from government. Mr. Mullin has handled a myriad of governmental and administrative issues on behalf of or before local governments including: complex land use and zoning projects and approvals; drafting of ordinances, land development regulations, and comprehensive plan revisions; negotiating development agreements, declarations and easements; water, wastewater and stormwater utility enforcement and permitting; public records, ethics, and Sunshine law; code enforcement; administrative and quasi-judicial proceedings; environmental permitting and compliance; coastal and marine construction; and general development related matters. As a former civil engineer, Mr. Mullin possesses the unique ability to understand scientific and planning issues that form the basis for the legal principles that affect the City. Mr. Mullin will work side-by-side with technical staff at the City and 6 support staff by analyzing the pertinent issues, and applying the relevant law and City code. Mr. Mullin would serve as Board Attorney for the Planning and Zoning Board, as well as provide counsel to the City Attorney and City Commission on any complex planning and zoning issues that come before them. Mr. Mullin would also be available to assist on code enforcement, environmental, utility, public records, and real property issues affecting the City. The Team's approach to assessing and identifying both the met and unmet legal needs and priorities of the City is a critical goal to a successful relationship with the City. In addition to the experience and qualifications for the City Attorney Team, Ms. Siegel will be able to call upon the vast experience and qualifications of other attorneys from the Firm on an "as needed, where needed" basis. As City Attorney for the City, the Firm shall: ~ Protect and promote the legal interests of the City in all legal matters; ~ Provide top-quality, cost-effective legal counsel, representation and strategic counsel; ~ Ensure that all outside counsel to the City is managed in a professional, effective and efficient manner; and ~ Work in partnership with City Management and Staff. GENERAL LOCAL GOVERNMENT SERVICES Representing public sector clients, including counties, cities, and special districts is a cornerstone practice of the attorneys of Nason Yeager. We provide a comprehensive suite of legal services to public sector clients. This representation and counsel, as provided by a City Attorney, includes attendance at all regular, special and workshop meetings of the City Commission, routine legal consultation with the Mayor and City Commissioners, the City Manager and City Staff, as well as development of ordinances, resolutions, contracts and other legal documents. Nason Yeager understands that local governments and agencies require legal services that are responsive to their needs while being mindful of operating within fiscal and budgetary constraints. Moreover, the residents and businesses of the City demand, and are entitled to, responsive representation. As such, Nason Yeager provides both high quality and cost- effective legal services to ensure City Commissioners, City Management, and other stakeholders, have confidence in our work product. ln order to be effective, the Team shall provide the City with, among other things, consistent and regular round table, individualized meetings, with City Commissioners, and City Management, to address their issues of import. 7 A brief overview of some of the Team's key areas of expertise is provided below. GOVERNMENT IN THE SUNSHINE, PUBLIC RECORDS AND ETHICS LAWS An effective City Attorney must have significant experience and a command of the practice involving Florida's Government in the Sunshine, Public Records and Ethics laws. The Team will bring such knowledge, expertise and innovative thinking to the City Attorney's Office of Delray Beach. The attorneys at the Firm have been called upon to address issues relating to the powers of and prohibitions against governmental bodies, the actions they take, and the actions and powers that can be observed by the individuals serving on the governmental and agency boards, commissions and councils. The Team is prepared to advise and represent the City Commission and staff on issues relating these laws, which may include conflicts of interest, gifts, open meeting requirements, compliance with public records requests, and other issues every government official, attorney and employee must be aware of and diligently observe. LAND USE /ZONING, REAL ESTATE AND ENVIRONMENTAL/REGULATORY LAW As the primary legal advisor to the City Commission and the City Departments, the City Attorney must be well versed in land use and zoning, real estate and environmental law. The City Attorney Team will work with the City Commission, other officials and the employees of the appropriate City Departments to assist the City in its management and direction of those activities, policies and regulations affecting the quality of life for the City's residents, the operations of businesses, and the natural resources impacted by the significant demands from growth and developments. Accordingly, the City Attorney will be called upon to assist in the development, implementation and enforcement of land use and environmental regulations, code enforcement regulations, the review of zoning and development approval applications, in addition to real property acquisition matters. The Team has a broad range of experience in land use and zoning issues, code enforcement and compliance, eminent domain, inverse condemnation, Bert J. Harris, Jr., Private Property Rights Protection Act, and matters concerning environmental law. Nason Yeager will assist the City in developing, implementing and enforcing land use and zoning regulations, conditions of development approvals, code enforcement regulations, in addition to reviewing zoning, rezoning and variance requests, negotiating developer agreements and providing development review. The Team will also provide legal assistance to the City's Planning and Zoning Board, Code Enforcement Board, and other administrative Boards as needed. The Firm has an extensive knowledge and a broad range of transactional and litigation experience in a variety of land use and zoning, and real estate matters representing governmental entities in various aspects of real estate development and financing, code compliance, and foreclosures. The firm maintains an active practice in the area ofland use, real estate, and environmental/regulatory law that encompasses the following: • Comprehensive Planning and Zoning • Development Agreements 8 • Developments of Regional Impacts and Notices of Proposed Change • Environmental Permitting • Financing and Special Districts • Utilities, Public Works and Transportation Improvements • Eminent Domain • Administrative Hearings and Civil Litigation • Governmental Lobbying Nason Yeager can provide indispensable services relating real estate that have involved both public sector and private sector representation in matters involving residential, retail, office, hotel, restaurant, self-storage, medical, mixed-use, industrial, marina, office- condominium and gas-station properties. The expansive real estate experience of the Firm will allow the Team to offer the City legal services that include but are not limited to preparation and negotiation of real estate purchase and sale agreements, leases, joint ventures and 1031 tax-deferred exchanges; due diligence analysis, including the review of title insurance commitments/policies; examination and analyses of construction, land use, permitting, development and takings issues; and negotiations and preparation of legal instruments such as easements, project declarations and other agreements. Additionally, the Firm is an agent of the following title insurance underwriters: Attorneys' Title Fund Services, Inc. and Fidelity National Title Group (which includes Fidelity National Title, Chicago Title and Lawyers Title). LITIGATION AND APPELLATE LAW Nason Yeager's highly-regarded Dispute Resolution and Litigation practice provides a wide range of experience and services to our public sector whether negotiating the terms of a resolution, assessing litigation risks, costs and benefits, or preparing a case for trial. As a core strength, Nason Yeager is well armed to litigate in any state, federal, administrative or appellate proceeding related to a wide range of matters including complex property rights, commercial, real property, land use, environmental/regulatory and other areas of the law involving local government and public sector representation .. From the standpoint of dispute resolution, the Team includes a Florida Supreme Court Certified Mediator with experience in mediating and resolving intergovernmental disputes involving cities, counties, school boards, and other public entities and agencies. In addition, although we believe that the legal advice and counsel we will provide to the City will reduce exposure or altogether avoid litigation, that result may not always be possible. The Team is ready, willing, fully capable, and able to represent the City in administrative proceedings and litigation in federal and state court. With successful litigation and appellate practice experience, Nason Yeager will be able to represent the City in matters that concern, among other areas, land use and zoning, eminent domain and inverse condemnation, Sunshine and ethics law, open meetings, contract disputes, procurement and purchasing, bid challenges, employment litigation, annexation challenges, and commercial litigation. 9 CONTRACTS, PROCUREMENT /PURCHASING AND COMMERCIAL PRACTICE The City, as other government agencies, requires legal counsel and representation in its transaction of City business that involves a wide range of issues related to contracts and performance thereunder for public works, community services, utilities, and general operations and management of the City. The Team has experience in the review and drafting of contracts with public and private sector entities, documents concerning the construction of public infrastructure and facilities, agreements for consulting, engineering and other professional services, leases, licenses, franchise agreements, vendor and concession agreements, developer agreements and other documents formalizing contractual relationships between and among various private and public entities. Nason Yeager has the experience to provide legal services in the variety of aspects that relate to contract, procurement and commercial law. In recognition of the breadth of the Team's knowledge and experience, we will be able fulfill and satisfy the roles and responsibilities of the City Attorney's Office by providing top quality legal services and representation in matters that may include but are not limited to governmental legislation and affairs, public contracts, procurement, municipal land use, code enforcement and lien law, environmental/regulatory law, eminent domain, utilities law, sunshine and public records law, public-private partnerships, special assessments, charter review and amendment, Chapter 164 dispute resolution and mediation, and many other areas of the law involved in the operations of a local government. Essentially, the collegial nature of our Firm and the knowledge, expertise and unique perspectives the Team can bring is what ultimately makes Nason Yeager the ideal selection and appointment as the City Attorney for the City of Delray Beach. Method and Approach to Providing City Attorney Services The City Attorney's Office needs stability, competence and ambition for excellence. The Team from Nason Yeager has the experience, expertise, and creative and innovative mindset to lead and navigate the City and its City Attorney's Office through the present and future issues and challenges facing the City. The Team will be committed to fulfill the mission of the Delray Beach City Attorney's Office's to provide quality, timely, professional and cost effective legal representation so that the City's goals and priorities will be lawfully implemented, managed and achieved. INITIAL 90-DAY ASSESSMENT AND TRANSITION PLAN To fulfill the mission of the City Attorney's Office, we will conduct an in-depth assessment of the internal and external provision of legal services, existing resources, priorities and anticipated needs of City Commission, other officials and Departments of the City of Delray Beach. If selected, we believe our approach and method to providing City Attorney Services as detailed below will allow us to ensure a smooth and orderly transition of City Attorney 10 responsibilities without any lags in representation so that the welfare of the City remains the number one priority of the City Attorney's Office. The City Attorney's Office is in a state of transition and uncertainty. Our goal is to create stability, competence, confidence, and an overall renovation and enhancement of the provision of legal services by the City Attorney's Office. On the heels of completing our recent service as Interim City Attorney for the City of Port St. Lucie, we understand and recognize that transitions in leadership can be challenging. Our experience in a similar transition situation involving the City of Port St. Lucie provides us with a unique perspective and appreciation of the challenges involved in the integration and utilization of in-house attorneys and clerical support. However, with professionalism, diligence, and dedication to fostering a collaborative team environment, such a transition can be done in a manner that will be almost seamless for the City Attorney's Office of Delray Beach. If selected, we will immediately conduct during the first 90 days of our service as City Attorney, an initial assessment and evaluation of the City's Attorney's Office and its provision o fl egal services (the "Initial Assessment Period"). During this Initial Assessment Period we will conduct an in-depth review of the significant and complex issues facing the City, the structure and operations currently in place in the City Attorney's Office, the resources available and/or necessary for the priorities, projects, initiatives and other action items of the City Commission, other City officials and City Departments which require quality, efficient, and cost-effective legal services, and the accountability measures currently in place to enhance the communication, performance and rendering of internal and external legal services to protect and promote the welfare of the City. Our team approach to providing City Attorney legal services will truly be a team approach with the City Commissioners, officials and employees of the City Departments. Meetings will be held with individual members of the City Commission, the City Manager, City Department Heads, and the existing attorneys and staff who are employed by the City to solicit input and identify existing issues, challenges and opportunities to enhance and improve the legal services and support provided by the City Attorney's Office. The development of recommendations and a strategic plan for handling the existing and anticipated legal needs and priorities of the City will be presented for discussion and consideration to the City Commission following the end of the Initial Assessment Period. APPROACH TO LEGAL SERVICES AND MANAGEMENT OF IN-HOUSE EMPLOYEES The City Attorney Team has a confluence of experience in governmental/public sector law that is directly germane to the City's legal needs. We are able to pull from that extensive and diverse experience to provide the most comprehensive legal services for the City. By approaching the City's needs as a team, complex matters and legal issues can be addressed quickly, thereby providing the City with the necessary, quality legal counsel in an efficient and cost-effective manner. The Firm's approach to providing consistent, dependable and direct access to the City Attorney Team is designed to maximize responsiveness and communications in the provision o fl egal services as the City Attorney for the City of Delray 11 Beach. The team approach results in flexibility to quickly respond to the City's legal needs, while ensuring that the legal services are not over-staffed. The Initial Assessment Period will allow us to further develop our team approach summarized below that will allow for a hybrid model of a City Attorney's Office which will utilize the existing employees of the City Attorney's Office to create stability and continuity, and foster an enhanced sense of accessibility to encourage the consultation and collaboration between City Departments and the City's Attorney's Office. Accordingly, we are proposing the following approach to the provision of City Attorney Legal Services, which also include the Firm's vision of its role as City Attorney: • Develop and foster an overall "team approach" for working with the City Commission, officials, and City staff that will allow for efficient development and implementation of strategic action plans for the projects, priorities and goals of the City. • Manage the work and abilities of in house attorneys and support staff to realize efficiencies in serving the legal needs of the City. • Work with the "team" to develop short term and long term strategies and goals for the City, rather than piecemeal and issue-by-issue decision making. • Organize, attend and participate in agenda review staff meetings, prepare for and attend City Commission meetings, workshops and attorney client meetings if and when deemed necessary, or any other special meetings convened by the City Commission. • Review and approve as to form ordinances, resolutions and contracts presented to the City Commission. • Organize, attend and participate in standing, weekly, conference calls on mutually agreeable dates and times with the City Manager, City Staff of the City Attorney's Office, and when necessary City Department Heads. During those weekly conference calls ( or meetings, if necessary), pending and outstanding legal issues shall be identified and discussed, information associated with the Firm's provision of legal services shall be shared, and an ongoing assessment and evaluation of how the City's legal needs are being addressed shall be discussed as part of the team approach. • A consistent open line of communication between the appropriate members of the Team shall be maintained to be able to provide legal advice to the City Commissioners. Individual conference calls will be made regularly to keep Commissioners apprised of the matters of significance. • On-site office hours of no less than 16 hours per week for the management of the City Attorney Office's in-house staff, operations, and other needs shall be 12 provided. The Team will participate in conference calls and/or meetings with employees of the City's Attorney's Office on an as needed basis. • Regular management, monitoring and summary reports of matters being handled or represented by outside legal counsel shall be performed. Public Sector Experience Our growing list of public sector clients attests to the Firm's commitment to providing high-quality, timely, and cost-effective legal representation to governmental entities. The most recent, and pertinent, City Attorney Services Agreement involved the City of Port St. Lucie, as described below. CITY OF PORT ST. LUCIE References: Greg Oravec, Mayor and the other City Council Members, Jeff Bremer, City Manager, and the existing attorneys (Keri Norbraten and Ella Gilbert) and support staff in the Port St. Lucie City Attorney's Office. Main Contact Number: (772) 871-5225 In the Firm's recent role as the Interim City Attorney for Port St. Lucie, which has recently transitioned to a role as special legal counsel for representation on certain priority projects and also on as needed basis, the team of attorneys who provided Interim City Attorney Legal Services for Port St. Lucie matters attended weekly meetings with staff and management to discuss the status of pending assignments, the significant items that would be on the agenda of upcoming meetings or workshops, and also anticipated and identified potentially problematic issues for the City. During Nason Yeager's eight months of service as Interim City Attorney required representation and legal counsel for all matters related to municipal law, including attendance at City Council meetings and the meetings of the various boards and ad hoc committees of Port St. Lucie. The members of the proposed Team for the City Attorney for the City of Delray Beach continues to be called upon by Port St. Lucie to assist in matters relating to planning and zoning, community redevelopment agency (CRA), bonds and public finance, parks and recreation, public works, utilities, and real property issues. Nason Yeager also oversaw personnel changes in the City Attorney's Office, to bring staffing ratios in line with appropriate levels needed to efficiently and effectively support the City's legal needs. Additionally, the Firm is representing the City of Port St. Lucie in property acquisition activities and federal and state administrative and eminent domain litigation related to its Crosstown Parkway Extension Project - Bridge Crossing over the North Fork of the St. Lucie River (the "Crosstown Parkway Extension Project"). The permitting and proposed construction of the Crosstown Parkway Extension Project is being challenged in various forums by environmental groups. 13 MARTIN COUNTY Reference: Michael Durham, Esq., County Attorney Contact Number: (772) 288-5442 The Firm represented Martin County for over three (3) years in complex commercial litigation involving public records, contractual, environmental, and real property issues. The representation required frequent counsel to the County Commissioners, in-depth strategizing with County administrators and staff in engineering, environmental and community development departments, and nearly daily coordination with the County Attorney's Office. LEE COUNTY Reference: Doug Meurer, Assistant County Manager Contact Number: (239) 533-2221 For more than seven (7) years, the Firm represented Lee County regarding all of its environmental, utility, coastal, and estuary protection issues. This included representing Lee County before the U.S. Army Corps of Engineers (in Washington, D.C. and Jacksonville, Florida), the U.S. Fish and Wildlife Service (in Washington, D.C., Atlanta, Georgia, and Vero Beach, Florida), the U.S. Environmental Protection Agency (in Washington, D.C., and Atlanta, Georgia), the Florida Department of Environmental Protection and the South Florida Water Management District. Additionally, the attorneys of Nason Yeager represented Lee County on environmental issues related to the Caloosahatchee River, water use permitting issues, water and wastewater utility and water supply issues, NPD ES, and other general environmental law related issues. CITY OF BOCA RATON Reference: Chris Helfrich, P.E., Director, Utility Services Contact Number: (561) 338-7700 The attorneys of the Firm represented the City of Boca Raton on water utility and enforcement matters affecting the City. The members of the proposed Team for the City Attorney for the City of Delray Beach, specifically Mr. Fumero and Mr. Mullin, represented the City on an alleged violation with the Florida Department of Health related to the City's water distribution system. This matter required negotiations with the Department of Health regarding the application of Department regulations and allegations contained within the Notice of Violation. Mr. Fumero' s representation of the City of Boca Raton also included matters regarding federal and state environmental and water quality legislation with the U.S. Environmental Protection Agency and Florida Department of Environmental Protection. 14 ADDITIONAL PUBLIC SECTOR EXPERIENCE In addition to the above, the Firm previously represented the following public sector clients: Palm Beach County Pasco County School Board of Palm Beach County Florida Department of Transportation Tampa Port Authority Glades Utility Authority Seacoast Utility Authority City of Riviera Beach City of Fort Lauderdale City of Delray Beach City of Cape Coral Town of Highland Beach Suwanee River Water Management District Port St. Lucie Community Redevelopment Agency Fee Schedule & Budget Development During the Initial Assessment Period, the Team will submit monthly invoices that reflect the provision of City Attorney Legal Services at a discounted, blended governmental rate of $250/hour. Upon the completion of the Initial Assessment Period, we will propose the following basic services to be included within the Scope of the City Attorney Legal Services: Monthly Meeting Attendance Attendance at all Commission meetings, workshops, executive sessions, special meetings, administrative board meetings and all other meeting as required or directed by the City Commission. Agenda Review and Commissioner Conduct one-on-one meetings and briefings of the Briefings Commissioners prior to Commission meetings to apprise Commissioners of the critical matters on the upcoming meeting's agenda. Management of City Attorney Manage and direct the day-to-day legal activities and operations Office of the City Attorney's Office. Oversight of Outside Counsel Review and oversee legal services provided by outside counsel on litigation and other matters. Review of City Legal Work Prepare, review, and approve all proposed legislation, ordinances, resolutions, contracts, deeds, leases, and other legal agreements requested by the city commissioners, city manager and staff. Services outside of the above City Attorney Services include, but are not limited to, planning and zoning, code enforcement, utilities, litigation and administrative hearings, public finance, community redevelopment agency, and complex real estate transactions. Invoices will be submitted monthly and are fully itemized for ease of review. To the extent special legal services are required, those services will be billed as separate matters at the governmental blended rate of $250/hour. All invoicing will be handled through Nason Yeager so if subcontractors are utilized, the City will only receive one (1) invoice per month for all services rendered. 15 Based on Nason Yeager's extensive experience in representing public sector entities and developing various types oflegal services agreements with these entities, there are several models that can be discussed and addressed through negotiation in the City selects the Firm to be its City Attorney. The model agreement options described below afford the City the ability to obtain a custom, personalized approach to legal services that meets the City's needs, and recognizes the flexibility of the Firm in addressing those unique needs through the City Attorney Legal Services Agreement. Generally stated there are three basic legal services agreement models that can be discussed and negotiated, based upon the City's legal service and support needs, projects and priorities. The Firm has experience with all three agreement models, and each agreement model presents its own pros and cons. It is our recommendation that the City's selection of a model agreement option be done after the Initial 90-Day Assessment Period as the parties involved will be able to have a comprehensive understanding of the City's legal needs, projects and priorities. MODEL ONE The Model 1 City Attorney Legal Services Agreement is one that involves the monthly payment of fixed fee amounts based on a detailed outline of all of the legal services that will be provided for the fixed fee. In addition, this option will include budgeted, projected hours upon which the fixed fee amount is based. Should legal services needs arise that are outside of the detailed outline of scope of services, then those matters will be handled on the hourly $250 special blended rate for the City. Further, if the budgeted projected hours are substantially exceeded, then the time spent will also need to be addressed so that payment will be provided based on the $250 hourly rate. MODEL TWO The Model 2 City Attorney Legal Services Agreement is a hybrid model that involves the detailed, and relatively limited, fixed fee amount based on a defined scope of work outlining routine City Attorney Services, such as attendance at City Commission meetings, workshops, executive sessions, and the like, all of which will be included in a monthly fixed fee. This model adds a feature where on an "as needed where needed basis" each new matter whether it be a project, specific legal issue, or other discrete matter shall be assigned a matter number for billing purposes, and shall be handled and billed at the $250 hourly rate. MODEL THREE The Model 3 City Attorney Legal Services Agreement essentially consists of legal services being billed on a monthly basis to be paid based on actual hours incurred in carrying out the defined City Attorney scope of services. This model includes a monthly report detailing where and how much time is devoted to distinct matters, cases, projects, or the like. In many cases under this model several of the matter numbers are generally based on 16 predetermined categories, such as City Commission support, attendance at City Commission or other Board meetings, land-use/planning and zoning, procurement, special projects, and other similar type categories to be negotiated and agreed upon if we are selected. Insurance and Pending/Resolved Claims INSURANCE Nason Yeager maintains professional liability insurance with adequate coverage amounts for each claim and in the aggregate. We will provide the City with the required proof of said coverage prior to establishing a contractual relationship with the appropriate certificate of insurance. The Firm is able to provide any additional coverage information, if necessary and upon request. As to any liability arising from the City Attorney Legal Services contemplated herein, the Firm agrees to hold the City harmless, indemnify and defend the City for losses, costs and expenses arising from any liability claims related to the legal services agreement. PENDING/RESOLVED CLAIMS No litigation, claims, charges or investigations, pending or otherwise exist during the past five years involving Nason Yeager or the members of the proposed City Attorney Team relating to the provision of legal services or the practice of law; and no bar grievances, disciplinary actions or investigations, or ethics actions or investigations against the Firm or the Team exist. Conflicts of Interest After conducting a thorough and comprehensive review of both potential and perceived conflicts of interest, the Firm can represent that we have been unable to identify any actual, potential or perceived conflicts of interest. Should the Firm be awarded the contract for City Attorney Services, the Firm hereby represents that it shall not act as counsel in any lawsuit or other adversarial proceeding in which the City, any of its Departments, Divisions and Boards, or any City official is named as an adverse party, nor shall the Firm undertake any private representation of any party before the City or any other board of the City, in reference to any judicial or quasi-judicial hearing or proceeding, or any application, request for ruling or other determination, contract, claim, controversy, petition, or other matter, including lobbying, while retained as counsel to City. 17 In the event the Firm represents a preexisting client where a question regarding future representation may constitute an actual, or perceived conflict of interest, the Firm shall immediately bring such matter to the attention of the City for the purpose of having the City determine, in its sole discretion, whether such representation is acceptable to the City. All such determinations will be made on a case-by-case basis. Proposal Summary The Firm is uniquely experienced and qualified to provide strategic legal services and counsel that the City of Delray Beach needs and deserves. Experience and Qualifications We have an established track record and representing public sector entities, including cities and counties, throughout Florida, along with the legal experience necessary to carry outthis type ofrepresentation. This includes both the skill sets and legal experience in the areas that are needed by local governments such as the City of Delray Beach. The An roach and Plan to Provide City Attorney Legal Services We propose an Initial 90-day Assessment Period that will allow us to tailor a plan and budget that is keyed to the City's needs, priorities and goals. This will also allow us to develop and propose a meaningful, accurate budget. Not just a generic proposal. Development of a tailor-made business plan focused on the city's actual legal needs, priorities, and goals. Unlike many firms, we do not take a "one-size-fits-all" approach to our representation. Public Sector Office Manaaement We have the experience in public sector Jaw office management to ensure the city's in- house legal resources are being effectively utilized. This includes the experience and ability to properly manage outside counsel which is a key role served by any effective city attorney. Transparency and Accountability Many years of public sector representation, we have the protocols and policies in place to ensure complete transparency and accountability for the city, and its residents. Azenda-drtven Process Representation of elected officials, which served as a collegial body, requires consistent and extensive communication of potential or actual issues that may arise. The rule is no 18 surprises. Part of our representation involves a city commission agenda-driven process, where all potential or actual agenda items are fully vetted, both with city management, and city commissioners. Flexibility in Structure of City Attorney Services Agreement Due to its extensive experience and representing public sector entities and developing various types of legal services agreements with these entities, as previously outlined herein, there are several models that can be discussed and addressed through the negotiation should the firm be selected. These models offer the city an approach that meets their needs, and recognizes the flexibility of the firm in addressing those needs through the city attorney services agreement. We welcome the opportunity to establish and build a relationship with the City of Delray Beach. Hopefully, this proposal, has demonstrated, Nason Yeager, through its local government law knowledge, the city Team qualifications, and extensive and directly pertinent experience us uniquely suited to serve as the City Attorney for the City of Delray Beach and fulfill the mission of the office. 19 Attorney Biographies )iò'> Azlina Goldstein Siegel )iò'> John J. Fumero )iò'> Thomas F. Mullin 20 Azlina Goldstein Siegel ASiegel@nasonyeager.com Areas of Practice: • Local Governmental Law • Agency Permitting & Rulemaking • Real Estate and Property Rights • Eminent Domain • Environmental • Federal & State Civil & Administrative Litigation Prior to joining Nason Yeager, Ms. Siegel worked as an Assistant City Attorney for the City of Port St. Lucie for almost 9 years. Ms. Siegel recently served, through the Firm, as the Interim City Attorney for the City of Port St. Lucie. Ms. Siegel has broad range of knowledge and extensive experience in local governmental law as a result of her previously serving as an in-house attorney for the City of Port St. Lucie specializing in civil litigation, various real property matters, contracts and land leases, environmental and permitting issues, utilities, eminent domain and numerous other areas of the law, especially those that involved Port St. Lucie's Public Works/Engineering and Utility Systems Departments. Ms. Siegel also represented the Port St. Lucie Community Redevelopment Agency. Ms. Siegel obtained her undergraduate degree, a Bachelor of Arts in Environmental Studies, from Washington University in St. Lucie in 2003. Her participation in the Environmental Law Clinic during her attendance at Nova Southeastern University, Shepard Broad Law Center, also furthered her interest and focus on environmental legal issues while her internships at Florida Department of Transportation and Miami-Dade County Attorney's Office fostered her desire to pursue a legal career involving public sector representation. Community Involvement: The Florida Bar Education: • Shepard Broad Law Center at Nova Southeastern University (J.O., 2006) • Washington University in St. Louis (B.A., Environmental Studies with minor in Political Science and Art, 2003) Presentations & Publications: • "NEPA and Environmental Impact Statements - Issues & Strategies," CLE International 10th Annual Florida Water Law & Policy Conference, Tampa, November 2015. • Co-authored with Thomas Goldstein, Esq., "When Does a Prospective Use of the Condemned Property Cross the Line Into Inadmissible Speculation?" for the ALI-ABA 2007 Seminar on Government Takings and Land Valuation. • Revised and updated, 2002 "Earth Score: Your Personal Environmental Audit and Guide" original by Donald W. Lotter (1993). John J. Fumero ]Fumero@nasonyeager.com Areas of Practice: • Local Government Law • Agency Permitting & Rulemaking • Federal & State Civil & Administrative Litigation • Legislation & Policy Drafting • Dispute Resolution & Mediation • Property Rights • Public-Private Partnerships • Public Works Projects • Land Development • Appropriations & Procurement Support • Federal and State Environmental Law • Marinas and Coastal Development John J. Fumero has nearly 30 years of experience in a wide-ranging practice in the areas of environmental, land use, land development, administrative, zoning, governmental and civil trial law. Mr. Fumero, formerly General Counsel of the South Florida Water Management District, represents and provides strategic counsel to landowners, developers, industry, agriculture, utilities and local governments throughout Florida. He represents private and public sector clients before local, state and federal agencies and courts. He has extensive experience in all aspects of state and federal regulation, land development, litigation and legislation. From Washington, D.C. to Tallahassee, Mr. Fumero has had substantial involvement in the development of federal and state legislation and regulations. Named as Florida Trend's Legal Elite, he is a frequent author and lecturer, and one of the authors of the Florida Environmental and Land Use Law Treatise published by The Florida Bar. Community Involvement: The Florida Bar Cuban American Bar Association Florida Association of Environmental Professionals Water Management Institute Board of Directors, American Water Resources Association - Florida Section Executive Council, Environmental and Land Use Law Section, Florida Board of Directors and President 2003/2004, Leadership Palm Beach County Board of Directors, Forum Club of the Palm Beaches Environment and Infrastructure Committee, Florida Chamber of Commerce Hispanic Chamber of Commerce of Palm Beach County 2010, 2011 and 2013 Florida Trend Legal Elite Certifications and Recognition: Mr. Fumero is AV-rated by Martindale-Hubbell, the highest rating an attorney can earn from his or her peers. He is board certified as a specialist in State and Federal Government and Administrative Practice by The Florida Bar. Board certification recognizes specialized knowledge, skills and proficiency in state and federal governmental and administrative law. He is also a Florida Supreme Court-certified mediator and holds certification in Environmental Negotiation and Policy from Harvard Law School. Education: University of Miami (B.A., 1983) University of Míami (J.D., 1987) Thomas F. Mullin TMullin@nasonyeager.com Areas of Practice: • Governmental and Administrative • Zoning and Land Use • Environmental • Litigation Thomas F. Mullin represents public and private sector clients on governmental and administrative issues throughout the State. Mr. Mullin counsels these clients on myriad administrative, land use and environmental issues involving federal, state and local government regulations. From his days as a civil engineer, Mr. Mullin understands the design aspect of the development and permitting process, and applies this technical experience in his legal practice. Mr. Mullin has represented public sector clients on a wide-range of complex matters involving public records, Sunshine law, comprehensive planning and land use, real property, sovereign immunity, environmental permitting, water and wastewater utility, and code enforcement issues. Having both public and private sector experience provides Mr. Mullin with a unique perspective that is advantageous to all entities he represents. Thomas Mullin is a frequent speaker and author on environmental and land use related topics. Mr. Mullin is admitted to all Florida State Courts, and the United States District Court, Southern and Northern Districts of Florida. Community Involvement: • Florida Association of Environmental Professionals • Palm Beach County Planning Congress • Palm Beach County Bar • Florida Bar, Environmental and Land Use Law Section Certifications and Recoenition: • LEED Accredited Professional (2008) • State of Florida, Fundamentals of Engineering (E.LT.) (1999) • Rising Star, Environmental Law, Super Lawyers, (2013-16) Education: • J.O., Nova Southeastern University, 2004 • B.S., Environmental Engineering, University of Florida, 1999. Published Opinions: Heritage 5, LLCv. Estrada; 64 So. 2d 1292 (Fla. 4th DCA 2011). Jupiter Inlet District v. Thibadeau, 956 So. 2d 529 (Fla. 4th DCA 2007). Jacobs, et. al v. SFWMD et. al, DOAH Case No. 12-1056 (Fla. Div. Admin. Hrgs 2013). Dynamic Solutions, LLCv. TBEP, DOAH Case No. 11-2816BID (Fla. Div. Admin. Hrgs 2011). Jupiter Inlet District v. Thibadeau, DOAH Case No. 03-4099 (Fla. Div. Admin. Hrgs 2005). Form A, Proposal Submittal Signature Page By signing this Proposal, the Applicant certifies that it satisfies all legal requirements as an entity to do business with the City, including all Conflict of Interest and Code of Ethics provisions. The execution of this form constitutes the unequivocal offer of Applicant to be bound by the terms of its Proposal. By signing this document, the Applicant agrees to all terms and conditions of this RFP which includes the Sample Agreement and is prepared to sign the Agreement as written. Applicant understands that if it submits exceptions to the Agreement in its Proposal, Applicant may be determined non-responsive. Failure to sign and submit this form may render the Proposal non-responsive. Firm Name: Nason, Yeager, Gerson, White & Lioce, P.A. Street Address: 750 Park of Commerce Blvd., Suite 210, Boca Raton, FL 33487 Mailing Address (if different from Street Address): Telephone Number(s): (561) 982-7114 Fax Number(s): (561) 982-7116 Email Address: jfumero@nasonyeager.com Federal Identification Number: 59-1280063 Acknowledged by: Nason, Yeager, Gerson, White & Lioce, P.A. 09/03/2016 Date John J. Fumero, Partner Printed Name and Title City of Delray Beach RFP No. 2016-128 City Attorney Legal Services Page 13 Form A - Signature Authority Indicate below Applicant's type of organization and provide the required documentation as applicable to demonstrate that the executor of Applicant's Proposal is duly authorized to execute on behalf of, and as the official act of, Applicant. Select Type of Officer Who Signed Required Authorizing Organization Proposal Submittal Documentation Sianature Paqe [xl Corporation President, Vice None President, or Chief Executive Officer D Corporation Director, Manager, or Corporate resolution other title D Limited Liability Member Articles of Organization or Company (LLC) - Operating Agreement Member-Managed D Limited Liability Manager Articles of Organization or Company (LLC) - Operating Agreement Manager-Managed D Limited Partnership General Partner Document demonstrating the legal authority to bind the Limited Partnership D Partnership Partner None CEO, Director, Manager Authorizing documentation or other title D Individual Individual None ~ Documentation is not required. D The required authorizing documentation is included with Proposal. City of Delray Beach RFP No. 2016-128 City Attorney Legal Services Page 14 Form B, Conflict of Interest Disclosure The purpose of this disclosure form is to give the City the information needed to identify potential conflicts of interest in the award of this contract. The term "conflict of interest" refers to situations in which financial or other personal considerations may adversely affect, or have the appearance of adversely affecting, an employee's professional judgment in exercising any City duty or responsibility in administration, management, instruction, research, or other professional activities. Select the statement below which applies to Applicant and, if applicable attach supporting information. ŒJ To the best of my/our knowledge, the undersigned has no conflict of interest as defined in Chapter 112, Florida Statutes and Section 2-443, Palm Beach County Code of Ordinances. D The undersigned individual/firm, by attachment to this form, submits information which may be a potential conflict of interest. Acknowledged by: Nason, Yeager, Gerson, White & Lioce, P.A. Firm Name /J ~. ( ~----------__,, Signature John J. Fumero, Partner 09/03/2016 Date Printed Name and Title City of Delray Beach RFP No. 2016-128 City Attorney Legal Services Page 15 COVER PAGE & CONTACT PERSON INFORMATION City of Delray Beach RFP for City Attorney Services RFP 2016-128 Legal Name of Proposer(s): Federal Employee Identification: (FEIN) Mailing Address: Contact Name: Title: Contact Email Address: Contact Telephone Number: Fax Number: Greenspoon Marder, P.A. 59-2402121 200 East Broward Boulevard, Suite 1800 Fo1t Lauderdale, FL 33301 2255 Glades Road Suite 400-E Boca Raton, FL 33431 525 Okeechobee Boulevard Suite 1570 West Palm Beach, FL 33401 Joseph S. Geller Attorney/Shareholder Joseph.Geller@gmlaw.com 561-994-2212 954-331-2037 RFP RESPONSE to CITY OF DELRAY BEACH for CITY ATTORNEYSERVICES DUE DATE: September 9, 2016 RFP NUMBER: 2016-128 Submitted by: Greenspoon Marder 200 East Broward Boulevard Suite 1800 Fo1t Lauderdale, FL 33301 (954) 491-1120 www.gmlaw.com Greenspoon Marder 2255 Glades Road Suite 400-E Boca Raton, FL 33431 (561) 994-2212 Greenspoon Marder 525 Okeechobee Boulevard Suite 1570 West Palm Beach, FL 33401 (561) 227-2370 GreenspoonMarder Best lawyers' BEST LAW FIRMS j•ßütW.¢-t 2016 TABLE OF CONTENTS LETTER OF INTRODUCTION 1 I. FIRM EXPERIENCE 3 II. EXPERIENCE OF CITY ATTORNEY AND ASSISTANT CITY ATTORNEY 7 III. EXPERIENCE OF OTHER FIRM ATTORNEYS ASSISTING MR. GELLER 15 IV. CAPABILITIES OF THE FIRM 98 V. CONFLICT OF INTEREST 98 VI. PROVISION OF LEGAL SERVICES (RANGE, SCOPE, AND METHOD) AND ACCOMODATION OF EXISTING CITY ATTORNEY EMPLOYEES 99 VII. MALPRACTICE INSURANCE AND HOLD HARMLESS PROVISION 102 VIII. PENDING LITIGATION AGAINST THE FIRM 103 IX. FEE PROPOSAL 104 X. FORMS 106 COMMITMENT TO DIVERSITY 109 COMMITMENT TO BUSINESS AND COMMUNITY 11 O GREENSPOON MARDER FOUNDATION 112 WRITTEN CONSENT OF VOTING DIRECTORS OF GREENSPOON MARDER 113 EXHIBIT "A" I I 4 GreenspoonMarder Best Lawyers- BEST lAWFIRMS fU:üf:Rtt 2016 LETTER OF INTRODUCTION September 8, 2016 City of Delray Beach c/o City Clerk City Hall Lobby lOON.W. 151 Avenue Delray Beach, Florida 33444 Re: Request for Proposal RFP No. 2016-128 for City Attorney Legal Services Dear Mayor, City Commission Members, and City Manager: Greenspoon Marder, P.A. (the "Firm") is pleased to submit this Response to the City of Delray Beach (the "City") Request for Proposal for City Attorney Legal Services. We are qualified to serve as the City's Attorney because of our remarkable breadth and depth of knowledge in municipal law. Our government and government relations attorneys represent, and have represented, a broad cross-section of public sector clients, at all levels of government, in front of courts, and at the municipal, county, and legislative level, including representing governmental entities such as: Florida counties, villages, cities, towns, and school districts; the Florida Department of Transportation; various governmental boards and commissions; and many individual municipal officials. Additionally, our attorneys have also held or are currently holding elective office at the Municipal and Legislative level. Our proposal is for Mr. Joseph S. Geller to be the City Attorney and for Mr. Steven A Geller to be the Assistant City Attorney, along with a team of attorneys from our Government and Government Relations Division (the "Division"), to assist them in providing legal services to the City. Mr. Joseph Geller and Mr. Steven Geller, along with the team within the Division, will represent the City on all legal matters, including bid protests and procurement; ethics; Sunshine; public records; land use; zoning; public finance; the community redevelopment agency and related community redevelopment work (if desired by the City); the preparation and amendment of ordinances, resolutions, and policies; preparation and review of contracts; acquisition of right-of-ways, and other real estate matters; utility easements; tax and franchise agreements; special assessments; collections and liens; attendance at City Commission meetings and workshop sessions; attendance at other subsidiary Board meetings and workshops as requested by the City (including Planning and Zoning Board, Code Enforcement Board, etc.); litigation; providing legal assistance to the police department; personnel and labor matters; environmental law; tort law; and will otherwise be available to assist the City promptly in any other matters as the City may require. For any matter that requires specialized legal assistance, including complex litigation, bonds, specialized public GreenspoonMarder Best Lawyers- BEST LAW FIRMS j•m~tfilWtt 2016 financing deals, complex constrnction projects, labor and employment, and bankrnptcy, Mr. Geller will draw on specialists in the Firm, who practice in more than 50 different areas of law, to assist him. Mr. J. Geller has practiced law for over 35 years, including over 20 years providing service as municipal attorney to Florida municipalities. His service in elected office (both as former Mayor of a Florida municipality and as a current member of the Florida House of Representatives), his long career as an attorney with multiple concentrations, and his extensive municipal experience for many entities, combined with his reputation for fairness, integrity and good judgment, will enable him to help the City achieve its goals of improved quality of life for its residents. Mr. S. Geller has practiced law for over 30 years. He has focused the majority of his legal career on land use & zoning, government relations, and gaming. He also has extensive knowledge relating to tax and finance as a result of his 20 years of Legislative service, including on the Finance and Tax Committee, the Community Affairs Committee, and the Insurance Committee, among others. Mr. J. Geller's and Mr. S. Geller's experience, along with the Firm's extensive experience in municipal law and government law, will benefit the City, and give it strong, steady, excellent and consistent legal representation. The Firm's experience will be further described in the next section. In closing, it gives us great pleasure to submit this response to your RFP. Mr. J. Geller, Mr. S. Geller, and the attorneys within the Division are trnly excited by the opportunity to serve the City, with the full resources and backing of the Firm. Should you or any of your staff have any questions or comments regarding our response to the City's RFP to provide legal services, please feel free to contact us, to the extent permitted by law. References are available upon request. Sincerely, Joseph S. Geller, Esq. Shareholder Greenspoon Marder, P.A. A Florida Professional Association 200 East Broward Boulevard, Suite 1800 Fort Lauderdale, FL 33301 PH: (954) 491-1120 Fax: (954) 331-2037 Jospeh.Geller@gmlaw.com 2 GreenspoonMarder Best Lawyers- BEST lAWFIRMS fl.m~MO..t=ft 2016 QUALIFICATIONS I. FIRM EXPERIENCE QUALIFICATIONS OF FIRM Greenspoon Marder is committed to providing excellent client service through our cross- disciplinary, client-team approach. Our goal is to understand the challenges that our clients face, build collaborative relationships, and craft creative solutions designed and executed with long- term strategic goals in mind. Since our inception in 1981, Greenspoon Marder has become a full- service, Am Law 200 and NLJ 350 law firm with more than 180 attorneys based in 19 offices. We serve Fortune 500, middle-market public and private companies, start-ups, emerging businesses, public and governmental entities, individuals and entrepreneurs across Florida and the United States. The Firm has maintained substantial offices in Boca Raton and West Palm Beach, both of which are available to provide support to the representation of the City. Consistent with the Firm's philosophy on diversity and excellence, our Firm's Government & Government Relations Division consists of attorneys with varied backgrounds and experiences, which contribute to the Firm's ability to provide comprehensive legal services to the City. Specifically, Mr. Joseph Geller, the proposed candidate to hold the City Attorney position, has extensive experience in representing local governmental entities. Because he will be the designated City Attorney, we will highlight his representative experience separately in item numbers 3, 8, and 11, and all of item number 1, except for representing the Town of Highland Beach, noted below. Examples of governmental experience by attorneys within the Division are as follow: 1. Serve as, or have served as, the lead attorney for cities, including the Village of El Portal, the Town of Golden Beach, the City of North Bay Village, the Town of Highland Beach, the Town of Miami Lakes, and the City of Opa-Locka. As stated, all of these were by Mr. Joseph Geller except for Highland Beach, where shareholder Mr. Thomas Sliney was Town Attorney for over 25 years. The Firm has provided general counsel services to these cities, including preparing, drafting, and revising resolutions, ordinances, codes and charter provisions; attending Board and City Commission meetings; and assisting local government in the areas of land use; zoning; real property; community development; public works; utility and utility franchise agreements; labor and employment law, including collective bargaining; Sunshine; public records law; code enforcement; practice and procedures involving quasi-judicial bodies; ethics and election law matters; procurement of goods and services; and general contract law. 2. Served as general counsel for the Martin County Children's Services Council, the Fort Pierce Police Pension Board, the Housing Finance Authority of Palm Beach County and the St. Lucie County Fire District Supplemental Pension Board. 3 3. 4. 5. 9. GreenspoonMarder Best Lawyer, BEST L4.WFIRMS fU:ü/$,tb-l 2016 6. Served as counsel for the City of Opa-Locka Community Redevelopment Agency. Served as the Code Enforcement Special Magistrate for the Town of Juno Beach. Represented counties, cities, school districts, and special districts as bond counsel, disclosure counsel, or underwriter's counsel in numerous bond issues relating to port, airport, and other transportation-related financings (i.e. City of Port St. Lucie, Hillsborough County Aviation Authority, City of Riviera Beach, and Town of Lantana). Represented local governments statewide to structure and document innovative finance techniques for capital projects of all types, including lease-purchase arrangements, the use of special assessments and impact fees, taxable bonds, revenue bonds, and community redevelopment financing. Were instrumental in the drafting of numerous sections of Florida Statutes. Were involved in well publicized Election Law cases, beginning with the City of Miami Mayoral Election Vote Fraud case in 1997, the Recount Litigation in 2000 to include the Gore Presidential Campaign, the "Ted's Shed" School Board residency case, representation of judicial candidates in the 2006 Election cycle, representation in the 201 O election cycle of candidates facing Resign to Run and Entitlement to Run-off issues, numerous residency and election matters in the 2012 and 2014 election cycles, and representation of a judicial candidate and a citizen's committee in the 2016 election cycle. Assisted local governmental entities in annexation matters, formation of special districts, and drafting of interlocal agreements. Represented large corporate entities in defending against claims related to discrimination, unpaid wages, minimum wage and overtime issues, union issues, and civil rights claims relating to Title VII, FLSA, ADA, and ADEA; and represented governmental entities in defending against ADA and EEOC claims. Have extensive litigation experience in a variety of complex civil litigation fields such as Construction, Intellectual Property, Fraud and Misrepresentation, Real Property, Constitutional Law, Land Use, Zoning, Construction Defects, Bid Protests, Contract Disputes, Business Disputes and Business T011s, Labor and Employment, Civil Rights, and Election Law cases. Examples of election law cases where Joseph S. Geller served as one of the lead counsel are: 7. 8. 10. 11. • Schurr v. Sanchez-Gronlier, 93 7 So. 2d 1166 (Fla. 3d 2006): Successfully represented Sanchez-Gronlier, candidate for circuit court judge, in a claim to remove a candidate from the ballot. Ruiz v. Farias, 43 So. 3d 124 (Fla. 3d DCA 2010): Successfully argued that any potential overlap between a city commissioner's expiring term of office and the term of office • 4 GreenspoonMarder Best Lawyers' BEST LAW FIRMS jlJ:üt~ 2016 if elected to the Florida House of Representatives was insufficient to trigger the requirements of the "resign-to-run" law. • Perez v. Marti, 770 So. 2d 284 (Fla. 3d DCA 2000); 770 So. 2d 176 (Fla. 3d DCA 2000): Successfully argued to the court that Perez was not a resident of District 7 at the time he decided to enter the race to run for District 7 of the Dade County School Board and that it was proper for the circuit court judge to remove him from the ballot. Pepper v. Cobo, 785 So. 2d 718 (Fla. 3d DCA 2001): Successfully argued that run-off election for office of a school board member was invalid, where one of two listed candidates on run-off election ballot was not a qualified candidate, and thus voters had to be given a choice of the two highest qualified candidates. Scheer v. City of Miami, 15 F. Supp. 2d 1338 (S.D. Fla. 1998): Successfully defended the City in arguing that equity demanded that the federal court not interfere with the state court ruling, which invalidated absentee votes in mayoral election due to massive absentee voter fraud, and that such invalidation did not invalidate the election itself. In Re Matter of the Protest of Election Returns and Absentee Ballots in the November 4, 1997, Election for the City of Miami, Florida, 707 So. 2d 1170 (Fla. 3d DCA 1998): Successfully argued, on behalf of the City's Mayor, that the person declared elected Mayor be removed from office, that conducting a new election was not the proper remedy for the City's invalidation of absentee ballots due to massive absentee voter fraud, and that the Mayor should be declared re-elected based on machine votes alone. • • • Our attorneys' legal expertise is derived not only from playing an active role as legal counsel to various governmental entities, but is also complemented by lawyers in the Film presently serving, or having served: 1. In the Florida House of Representatives and Senate (Mr. J. Geller has served in the Florida House since 2014, and was recently re-elected without opposition) (Mr. S. Geller served in the Florida House from 1988-1998 and in the Florida Senate from 1998-2008); 2. As Mayor for the City of North Bay Village for two terms (Mr. J. Geller served as Mayor from 2004-2008); 3. As Chair for the Broward County Legislative Delegation, Hendry County Legislative Delegation, Legislative Committees on Regulated Industries, Agriculture, and Comprehensive Planning (Mr. S. Geller), Public Policy Committee for the Housing Leadership Council of Palm Beach County, the Judicial Nominating Commission for the Ninth Circuit, 5th District Court of Appeal; 4. As members of the Finance and Tax Committee in the Florida Legislature (Mr. S. Geller), St. Lucie County Planning and Zoning Commission/Local Planning Agency, Dade County Fair Campaign Practices Committee (Mr. J. Geller); 5 GreenspoonMarder Best Lawyer; BEST LAW FIRMS jl.M ~ tkfUt-:1: 2016 5 . On the Board of Directors of both the St. Lucie County Economic Development Council and the Economic Council of Martin County; and • 6. In various employment capacities such as land planner for the South Florida Regional Planning Council, Broward County and the City of Coconut Creek; City Manager for the City of Coconut Creek. 7. Mr. S. Geller is presently the Democratic Nominee for District 5 of the Broward County Commission. Our Firm stresses a team approach as well as accessibility and approachability. We are a large, national law firm and possess all the advantages of a large firm. All of our client files are located on an encrypted, searchable database, so that our attorneys can access a client file from basically anywhere, at any time, without the constraints of "normal business hours," and thus are available to the City on a moment's notice. By being electronically archived, and searchable, our attorneys can access their cases and relevant case law in an efficient and timely manner, ultimately saving the client money. This economy of scale is generally not achievable in a smaller firm. The South Florida branch of the Government and Government Relations division operates independently within the Firm, so that our clients still receive the dedication and personalized attention that they might receive at a smaller, boutique firm, yet have access to the resources, legal sub-specialties and inherent cost-savings of being part of a much larger firm. In short, we have it all; technology, financial backing, diversity, economy of scale and the ability to individualize services devoid of the bureaucracy inherent in the mega-firms. 6 GreenspoonMarder Best Lawyers' BEST LAW FIRMS jU:üMVt-t 2016 II. EXPERIENCE OF CITY ATTORNEY AND ASSISTANT CITY ATTORNEY A. Qualifications for Mr. Joseph Scott Geller- City Attorney If awarded the bid, our Firm will designate Mr. Joseph S. Geller to be the City Attorney for the City. Joseph S. Geller was born in the Bronx, New York. He has been a Florida resident since 1965. Mr. Geller focuses his practice on civil litigation, administrative law, election law, land use and zoning, government relations and municipal law. He is a shareholder at the Firm. He has extensive litigation experience in both the Florida and federal courts. Mr. Geller was elected to the State House of Representatives, District 100, representing parts of Northeast Dade and Southeast Broward, in November, 2014, and was recently re-elected without opposiiton. He was previously elected as Mayor of North Bay Village in 2004, and was reelected in 2006 serving until 2008. Mr. Geller is also the former long-time Chair of the Miami-Dade County Democratic Party. Additionally, Mr. Geller serves as the Village Attorney for the Village of El Portal. He previously served as the City Attorney for the City of Opa-Locka. He is also the former Town Attorney for the Town of Golden Beach and the Town of Miami Lakes, and the former City Attorney for the City of North Bay Village. Mr. Geller is a member of the Attorneys' Title Insurance Fund. Mr. Geller has also served as the Southeast Regional President of the American Jewish Congress. Mr. Geller has more than 35 years of experience, including state and federal court litigation, at both the trial and appellate level. In addition to Complex Civil Litigation matters, Mr. Geller's practice focuses on government relations, land use and zoning, election law, municipal law and administrative law. Mr. Geller is especially well known for a series of landmark Election Law cases, beginning with the City of Miami Mayoral Election Vote Fraud case in 1997, and including Recount Litigation, including the Gore Presidential Campaign in 2000, the "Ted's Shed" School Board residency case in 2000, successful representation of judicial candidates in the 2006 Election cycle, successful representation in the 201 O cycle of candidates facing Resign to Run and Entitlement to Run-off issues, numerous residency and election matters in the 2012 and 2014 election cycles, and representation of a judicial candidate and a citizen's committee in the 2016 election cycle. Mr. Geller has more than twenty (20) years of experience in serving as a Municipal Attorney, and has served five (5) municipalities as their principal attorney, as well as serving as special counsel for a number of other municipalities. He has extensive litigation experience in a variety of complex civil litigation fields, including Construction Law, Intellectual Property, Fraud and Misrepresentation, Real Property Law, Family Law and Probate Litigation, along with others too numerous to mention. Prior to joining Greenspoon Marder, Mr. Geller was partners with his brother, Senator Steven A. Geller, for many years in Geller & Geller, P.A., a long-time South Florida Civil Law Firm. 7 GreenspoonMarder Best Lawyers BEST lAWFIRMS Court Admissions • Supreme Court, State of Florida • U.S. District Court, Southern District of Florida • U.S. District Court, Middle District of Florida • U.S. Court of Appeals, Eleventh Circuit Bar Admissions • Florida, 1980 Education • J.D., Florida State University Law School, 1979 • B.A., History, Florida State University, 1975 • Northwestern University Professional and Community Involvement • Florida House of Representatives, District 100, November 2014-Present • Village of El Portal, Village Attorney, 1995-1997, 2000-present • Town of Miami Lakes, Town Attorney, 2011-2013 • Town of Golden Beach, Town Attorney, 1999-2000 • City of North Bay Village, City Attorney, 2009-2010 • City ofOpa-Locka, City Attorney, December 2009-March 2015 • Acting City Attorney, January-July 2008 • Assistant City Attorney, 2005-2008 • Mayor of North Bay Village, Elected, November 2004 • Reelected, November 2006 • Democracy Movement, Pro-Bono Counsel, 1996-present • American Jewish Congress, Southeast Region, President, 2004-present • Dade County Democratic Party, Chair, 1989-2000, State Committeemen, 1988-1989, General Counsel 1987-1988 • Democratic National Committee, Member, 1996-2000 • DNC Site Selection Committee, 1993-1996 • Art & Culture Center of Hollywood, Advisory Board of Trustees, 2013-Present • Silver Knight Alumni Network, Advisory Board, 2012-Present • Holocaust Documentation and Education Center, Advisory Board, 2013-Present (previously VP and General Counsel) • Women's Emergency Network • Board of Directors, 1994-2007 • Advisory Board, 2007-present • Dade County Fair Campaign Practices Committee, Member, 1989-2000 • Kids Voting of Miami-Dade County, Advisory Board, 1996-2000 • Builders Association of South Florida, Board ofDirectors, 1993-1995 • Temple Beth El ofNorth Bay Village, Board of Directors, 1987-1991 • B 'nai B 'rith, Zahav Unit, Vice President, 1986-1990 8 GreenspoonMarder Best Lawyers- BEST lAWFIRMS f1.küM9t-t 2016 • Young Democrats of Florida, President, 1978-1979 • Young Democrats, National Committeeman, 1981-1989 • Silver Knight A ward, Social Science In the News • JOSEPH GELLER OF GREENSPOON MARDER RECOGNIZED AS A 2016 CHAMPION OF FLORIDA'S MIDDLE CLASS; he received the same award in 2015 • Received the Legislative Appreciation Award by the Florida League of Cities in 2015 publicized in the article "Florida League of Cities recognizes 36 lawmakers as Home Rule Champions"' 9 GreenspoonMarder Joseph Scott Geller Member in Good Standing Eligible to Practice Law in Florida Bar Number: 292771 Mail Address: 200 E Broward Blvd Ste 1500 Fort Lauderdale, FL 33301-1874 United States Office: 954-491-1120 x1193 Fax: 954-331-2037 Email: Joseph.Geller@gmlaw.com Personal Bar URL: www.floridabar.org/mybarprofile/292771 County: Broward Circuit: 17 Admitted: 03/18/1980 10-Year Discipline History: None Law School: The Florida State University College of Law Sections: Administrative Law City, County & Local Govt Law Environmental & Land Use Law Family Law Government Lawyer Real Property, Probate Law Best Lawyers BEST LAW FIRMS j•m~MW~:1 2016 10 GreenspoonMarder Best Lawyers BEST LAW FIRMS jlJ:UM9t-l: 2016 B. Qualifications for Mr. Steven A. Geller - Assistant City Attorney Mr. Geller was born in New York, New York, in 1958. In 1965, he and his family relocated to South Florida. He graduated from Florida State University, where he received his B.A. In 1982, he graduated from the Florida State University College of Law and received his J.D. While attending Florida State University, he was a member of AEPi Fraternity. Mr. Geller has resided in South Broward since his graduation from Florida State University College of Law. Steven Geller is a shareholder at Greenspoon Marder. He concentrates his practice in the areas of land use & zoning, lobbying, and gaming, representing numerous local and national clients. Mr. Geller was a member of the Florida Legislature for 20 years, where he served as the Minority Leader of the Florida Senate. He served in the Florida House of Representatives from 1988 to 1998, and was a member of the Florida Senate from 1998 to 2008. He served two terms as Chair of the Broward County Legislative Delegation, and two terms as Chair of the Hendry County Legislative Delegation. He has served as Chair of the Legislative Committees on Regulated Industries (alcohol, tobacco and gambling), Agriculture, and Comprehensive Planning (local government and growth management). Mr. Geller also served the entire 20 years of his Legislative service on the Finance and Tax Committee. He has also served as National President of both the National Conference of Insurance Legislators (NCOIL) and the National Council of Legislators from Gaming States (NCLGS). He has been a frequent speaker across the country on both gambling and insurance issues, and has spoken frequently in Florida on local government and growth management issues. Mr. Geller is an "A V Preeminent" rated attorney, and is listed in the Martindale-Hubbell " Bar Register of Preeminent Lawyers." He has received various awards including the Senator of the Y ear A ward from the Florida League of Cities, the Legislator of the Y ear Award from the Florida APL-CIO and the Florida Chapter of the American Planning Association, as well as Legislative awards from the Police Benevolent Association, the Professional Firefighters, and numerous attorney groups. Mr. Geller is currently the Democratic Nominee for District 5 of the Broward County Commission. Bar Admissions • Florida Education • J.D., Florida State University, 1982 • B.A., Florida State University, 1979 11 GreenspoonMijrder Best Lawyers" BEST lAWFIRMS jU:ütfilR(-1 2016 Recognitions • Broward County AFL-CIO, 2015 • Super Lawyers magazine, "Florida Super Lawyers," Lobbying, 2015 • Super Lawyers magazine, "Super Lawyers Business Edition," Lobbying, 2014 • Super Lawyers magazine, "Florida Super Lawyers," Land Use/Zoning, 2014-216 • Lifestyle Media Group, "Leaders ln Law Award," Environmental Law, 2014 • Martindale-Hubbell, A V® Preeminent TM • South Florida Legal Guide, "Top Rated Lawyers," 2012 Publications • "Gaming Update," Client Alert December 2013 • "Gaming Update," Client Alert, August 20 I 3 • "Gaming Update" Client Alert, July 2013 • "Hurricane Insurance Claim Preparedness," Client Alert, July 2012 • "Holocaust Documentation and Education Center Under Foreclosure by City of Hollywood" • "Florida Casino Bill Considered Controversial," October 2011 • "Beware of potential for tax increases," March 2009 In the News • Greenspoon Marder Shareholder Steve Geller speaks on Florida's Water Loss Crisis at the Florida Insurance Consumer Advocate's Forum • Ruling over rural race track could direct gaming future • "Future of Florida Gambling Hinges on Slots Dispute", Gaming Compliance June 7, 2016 • Seminole Gaming Compact & Redistricting • After legislative shutdown, Seminole Tribe calls for state to begin 'good faith' gambling negotiations • Fifteen Greenspoon Marder Attorney's Selected as 2014 Florida Super Lawyers, and Ten as 2014 Florida Rising Stars • Quoted, "Citizens negotiating managed repair program," Sun Sentinel, April 19,2016 • Greenspoon Marder Attorneys Selected as Finalists for Lifestyle Media Group's Leaders In Law Award • Former Florida Senator and Greenspoon Marder Shareholder Steven A. Geller part of Sun Sentinel's South Florida 100 • Senator Steve Geller Named Winner for the Lifestyle Media Group Leaders In Law Award • Citizens negotiating managed repair program 12 GreenspoonMarder Best Lawyers" BEST LAW FIRMS jiGütaVt-t 2016 Speaking Engagements • Panelist, "Special Committee Session on Pari-Mutuels," NCLGS Summer Meeting, July 2016 • Moderator, "FLORIDA: Ripe for Major Expansion ... ?," 18th Annual East Coast Gaming Congress & iGaming Institute's discussion, Atlantic City, NJ, May 2014 • Panelist, "Florida Self-Defense & Ethical Prosecution in the Wake of the Zimmerman Trial," Barry Law School Symposium, 2014 • Presenter, "What Will The Florida Legislature and Comprehensive Gaming Policy Mean to Broward County," Tower Forum's Breakfast Series, November 2013 13 GreenspoonMarder Steven Anthony Geller Member in Good Standing Eligible to Practice Law in Florida BarNumbff: 353795 Mail Address: Greenspoon Marder, P.A. 200 E Broward Blvd Ste 1800 Fort Lauderdale, FL 33301-1949 United States 954-491-1120 steve. geller@gmlaw.com Office: Email: Personal Bar URL: www.floridabar.org/mybarprofile/353795 Sections: Best Lawyers BEST LAW FIRMS jl.ßüM9tt 2016 14 GreenspoonMarder Best Lawyers BEST LAW FIRMS jlßül~ 2016 III. EXPERIENCE OF OTHER FIRM ATTORNEYS ASSISTING MR. GELLER The following list of attorneys is just a representative list of attorneys available at the Firm to help Mr. Geller fulfill his duties as City Attorney. The Firm currently has over 180 attorneys, all of whom can be called upon if necessary, to assist Mr. Geller. 15 GreenspoonMarder Best Lawyers" BEST LAW FIRMS j•~~faRt-t 2016 DENNIS D. MELE Shareholder Dennis D. Mele is widely recognized for his work in land use, zoning, environmental and governmental law. Having experience as a land planner and a city manager, Mr. Mele has a unique understanding of the myriad issues developers, property owners and local governments face; and, is able to advise clients on a wide range of complex matters. Mr. Mele represents clients before federal, state, regional and local government agencies. He has extensive experience in land use, construction and budgeting issues pertaining to real estate development projects. In addition, he represents developers in obtaining approvals for Developments of Regional Impact (DRI's), land use plan amendments, dredge and fill/environmental resource permitting and other development projects. Mr. Mele also has experience in representing clients with regard to wetlands jurisdictional determinations. Utilizing his extensive experience with local government, Mr. Mele represents clients in the annexation of large land areas into municipalities, including the preparation of annexation agreements and special acts to protect property owners' rights. He also represents local government, developers and property owners seeking development entitlements and works closely with real estate attorneys on land use and environmental issues affecting real estate transactions. Mr. Mele frequently lectures on land use issues including environmental permitting and comprehensive planning. Bar Admissions • Florida Education • J.D., University of Miami School of Law, summa cum laude, 1988 • M.U.P., University of Michigan, 1979 • A.M., University of Michigan, 1978 • A.B., University of Michigan, 1976 Professional Experience • City of Coconut Creek, City Manager • South Florida Regional Planning Council, Broward County and City of Coconut Creek, Land Planner 16 GreenspoonMarder Best Lawyer; BEST LAW FIRMS jlßüt*!3* 2016 Recognitions • Martindale-Hubbell, A V Preeminent® • US. News & World Report, "Best Lawyers in America," Land Use & Zoning, 2007 - 2017 • US. News & World Report, "Best Lawyers in America," Environmental Law, 1997-2017 • US. News & World Report, Best Lawyers in America "Lawyer of the Year," Land Use & Zoning Law, 2010 • Super Lawyers magazine, "Florida Super Lawyers," Land Use/Zoning, 2007 -2016 • South Florida Business & Wealth magazine, "Attorney of the Year, Leaders m Law," Environmental Law, 2015 • South Florida Legal Guide, "Top Lawyers," Land Use and Zoning, 2006- 2016 • Chambers USA, "Top Ranked Leader in their Field," Real Estate: Zoning/Land Use, 2004 - 2016 • The American Lawyer magazine, "Top Rated Lawyers," 2012 • The Legal 500, U.S. Edition, Land Use & Zoning- Real Estate and Construction, 2009 Memberships • American Institute of Certified Planners • American Planning Association In the News • Greenspoon Marder and Eight of its Attorneys Selected as Finalists for South Florida Business & Wealth's 2015 Leaders in Law • Fifteen Greenspoon Marder Attorney's Selected as 2014 Florida Super Lawyers, and Ten as 2014 Florida Rising Stars • Twenty One Attorneys Ranked as "Top Lawyers" and Greenspoon Marder Listed as a "Top Law Firm" in the 2014 South Florida Legal Guide • Twenty-Three Greenspoon Marder Attorneys Listed Among Best Lawyers in America in 2014 • 26 Greenspoon Marder Attorneys Listed Among Florida Super Lawyers • Greenspoon Marder Named as Top Law Firm • Greenspoon Marder Attorneys Named Among The Best Lawyers in America® 2013 17 GreenspoonMarder Dennis Dino Mele Member in Good Standing Eligible to Practice Law in Florida Bar Number: 794236 Mail Address: 200 E Broward Blvd Ste 1500 Fort Lauderdale, FL 33301-1874 United States Office: 954-527-2409 Fax: 954-333-4009 Email: dennis.mele@gmlaw.com Personal Bar URL: www.floridabar.org/mybarprofile/794236 County: Broward Circuit: 17 Admitted: 04/21/1989 10-Year Discipline History: None Law School: University of Miami School of Law, 1988 Sections: City, County & Local Govt Law Environmental & Land U se Law Best Lawyer; BEST lAWFIRMS jlMfüRft-1 2016 18 GreenspoonMarder This page was intentionally left blank. Best Lawyers" BEST LAW FIRMS 1•t.··üt$/f.:I: 2016 19 GreenspoonMarder Best Lawyers BEST LAW FIRMS j•m~@W-t 2016 MORRIS G. "SKIP" MILLER Shareholder Morris G. "Skip" Miller focuses on public finance and representation of non-profit entities. He has extensive experience in municipal finance transactions of all types, including taxable bonds, bond issues for not-for-profit organizations, mini bonds, community redevelopment financing, special taxing districts and single- and multi-family housing revenue bonds. Mr. Miller's clientele in municipal finance transactions include issuers, underwriters, lenders, not-for-profit and for-profit borrowers and trustees. Court Admissions • U.S. Eleventh Circuit Court of Appeals • U.S. District, Southern District of Florida Bar Admissions • Florida Education • J.D., University of Florida, 1979 • B.S., Johns Hopkins University, 1976 Professional and Community Involvement • Artigras Fine Arts Festival Steering Committee, Member • The Florida Bar, Member • City, County & Local Government Law Section, Member • Housing Leadership Council of Palm Beach County • Public Policy Committee, Chair • Kiwanis Club of Palm Beach Gardens, Vice-President • Loggerhead Marinelife Center of Juno Beach, Board of Directors • National Association of Bond Lawyers, Member • Palm Beach County Bar Association, Member Recognitions • South Florida Business & Wealth magazine, Finalist, "Leaders in Law," Corporate, 2015 • Volunteer of the Y ear, North Palm Beach County Chamber of Commerce, 201 O • Martindale-Hubbell, A V Preeminent® • The American Lawyer magazine, "Top Rated Lawyers," 2012 20 GreenspoonMarder Best Lawyers- BEST LAW FIRMS jH:ütfr'.¢.-1: 2016 Publications • Public Finance Update- November 2014. Florida Association of Special Districts Focus Winter 2014 Edition In the News • Greenspoon Marder and Eight of its Attorneys Selected as Finalists for South Florida Business & Wealth's 2015 Leaders in Law Speaking Engagements • Florida Municipal Attorneys Association Annual Conference, 2012 • Florida Association of Special Districts Annual Conference, 2007 - 2009 • National Association of Bond Lawyers Workshop • National Conference of Black Mayor's Leadership Conference 21 GreenspoonMarder Morris Gary Miller Member in Good Standing Eligible to Practice Law in Florida Bar Number: 279145 Mail Address: 525 Okeechobee Blvd Ste 1570 West Palm Beach, FL 33401-6349 United States Office: 561-227-2370 Fax: 561-514-3456 Email: skip.miller@gmlaw.com Personal Bar URL: www.floridabar.org/mybarprofile/279145 County: Palm Beach Circuit: 15 Admitted: 09/18/1979 10-Year Discipline History: None Law School: University of Florida, Fredric G. Levin College of Law, 1979 Sections: City, County & Local Govt Law Practice Areas: Banking City/County/Local Government Corporate Public Finance and Bonds Federal Courts: U.S. Court of Appeals for the Eleventh Circuit U.S. District Court, Southern District of Florida State Courts: Florida Services: Civil Law Notary Best Lawyers' BEST lAWFIRMS f•m~th9t=t 2016 22 GreenspoonMarder This page was intentionally left blank. Best Lawyers' BEST LAW FIRMS jh:üt$~ftt 2016 23 GreenspoonMarder Best Lawyers' BEST lAWFIRMS jl.m~M9tt 2016 MICHAEL KRUL Shareholder Michael H. Krul has been practicing law since 1973 and has experience in all areas of the finance department including mergers and acquisitions, securities and municipal finance transactions. During the first eight years of his practice, Mr. Krul focused on litigation, defending corporations in complex securities, antitrust or other business related lawsuits. This experience enabled him to develop substantial familiarity with state and federal securities, antitrust and other business regulatory laws. It also provided him with experience on how to minimize the risk of subsequent litigation in a business transaction and maximize the client's position should litigation ensue. Mr. Krul has represented both buyers and sellers in a multitude of merger and acquisition transactions, including numerous deals in the $50-150 million range. Whether representing buyers or sellers, Mr. Krul's primary goal is to use his knowledge and experience to resolve the inevitable issues that arise in any transaction so that the parties can close the deal on mutually acceptable terms. Mr. Krul also has substantial experience in dealing with secunnes laws. He has represented issuers and underwriters in securities financings, including private placements and public offerings. In addition, he has advised clients on a host of other securities laws issues, such as stock option plans, insider trading issues, public company disclosure requirements, '34 Act reporting, Rule 144 resale requirements and broker-dealer regulatory issues. Prior to attending law school, Mr. Krul was employed by the New York Stock Exchange and, as an attorney, served for many years as an arbitrator for the National Association of Securities Dealers. As a public finance attorney, Mr. Krul has represented numerous counties, cities, special districts and other governmental issuers, as well as underwriters, in connection with municipal financings and public-private partnerships. He acted as the primary counsel in a special assessment financing pursuant to which a municipality, the school board and numerous developers with undeveloped property in that municipality, issued revenue bonds backed by assessments on the developers' properties to secure the financing of two new public schools to be owed and operated by the school board, which was the first financing of this nature in the State. In addition, Mr. Krul represented the owners of professional sports teams in Florida in connection with stadium financing matters. He also represented a Florida county in connection with negotiating the arrangements to bring a major research facility to the county and finance their required facilities. During the last several years, Mr. Krul has represented operators in the multifamily housing sector in connection with financing the equity for their projects through joint ventures with private equity funds and other institutional sources. In connection with this practice, he has engineered roll-up transaction involving the contribution of billions of dollars worth of assets into public real estate investment trusts. 24 GreenspoonMarder Best Lawyers" BEST LAW FIRMS jl.ßü!kftt-t 2016 Bar Admissions • Florida Education • J.D., Brooklyn Law School, cum laude, 1973 • B.A., State University of New York, Buffalo, 1969 Professional and Community Involvement • The Fort Lauderdale Chamber of Commerce, Member • The Florida Bar Association, Member • The Florida Bar, Business Law Section, Member • The Florida Bar, Real Property, Probate and Trust Law Section, Member • The Greater Fort Lauderdale Tax Council, Member Recognitions • Lifestyle Media Group's Leaders In Law Award, Finalist, Securities and International Law, 2014 • Rated AV® Preeminent™, Martindale-Hubbell Law Directory • US. News & World Report, Corporate, "Best Lawyers in America," 201 I & 2013-2016 • South Florida's "Top Rated Lawyers", 2012 • Super Lawyers magazine, "Florida Super Lawyers", 2007 Publications • "Why LLCs are the Entity Du Jour for Small Business Owners," 2005 In the News • Twenty-Three Greenspoon Marder Attorneys Listed Among Best Lawyers in America in 2014 • Greenspoon Marder Attorneys Named Among The Best Lawyers in America® 2013 • Bankruptcy Court Approves Sale of Ruden McClosky Assets to Greenspoon Marder • Ruden McClosky Signs Asset Purchase Agreement with Greenspoon Marder 25 GreenspoonMarder Michael Henry Krul Member in Good Standing Eligible to Practice Law in Florida Bar Number: 196954 Mail Address: Greenspoon Marder, P.A. 2255 Glades Rd Ste 400E Boca Raton, FL 33431-7379 United States Office: 954-527-2406 Fax: 954-333-4006 Email: michael.krul@gmlaw.com Personal Bar URL: www.floridabar.org/mybarprofile/196954 County: Palm Beach Circuit: 15 Admitted: 06/17/1975 10-Year Discipline History: None Law School: Brooklyn Law School, 1973 Sections: Business Law City, County & Local Govt Law Practice Areas: Corporate Public Finance and Bonds Best Lawyers' BEST lAWFIRMS flßütfilR+tt 2016 26 GreenspoonMarder This page was intentionally left blank. Best Lawyer; BEST LAW FIRMS ji.ßü®' 2016 27 GreenspoonMarder Best Lawyers BEST LAW FIRMS j•~~MiVt-t 2016 MARKLYNN Shareholder Mark Lynn has developed a comprehensive practice in real estate transactional law, with an emphasis on representation of developers in the acquisition, financing and development of commercial properties. Mr. Lynn has developed several sub-specialties within this commercial real estate practice including the acquisition and sale of apartment complexes, office buildings, industrial developments and medical centers, lender representation, negotiation of construction contracts with contractors and architects, and the representation of landlords and tenants in office building, shopping center and warehouse leasing. Mr. Lynn also represents developers in obtaining zoning and land use approvals for large planned unit developments and commercial projects. Before joining Greenspoon Marder, Mr. Lynn was a title examiner for First American Title Insurance Company and co-owner and managing attorney of a title agency in A ventura, Florida. As a complement to Mr. Lynn's transactional practice, he also has a substantial background in the representation of both lenders and owners in real estate litigation and resolution of title defects, bank foreclosures and loan workouts. A native Floridian, Mr. Lynn has sought to help commuruties seek a balance between development and preservation of the environment, and has written several articles on this issue. He is an active member of 1000 Friends of Florida. Bar Admissions • Florida Education • J.D., University of Miami School of Law, cum laude, 1996 • B.A., International Relations, University of Pennsylvania, 1992 Professional and Community Involvement • The Florida Bar, Member • Israel Bonds, Miami-Dade County Chapter, Board of Directors • American Red Magen David for Israel, Board of Directors 28 GreenspoonMarder Best Lawyers BEST LAW FIRMS jl.ta~fäi99;-I: 2016 Publications • Author, "South Florida Lawmakers Take On Sea Level Rise," National Real Estate Investor, March 2015 • Author, "South Florida Lawmakers Take On Sea Level Rise," Feburary 2015 ln the News • "What You Need To Know About AAAs," December 2014 • "How Cities Are Mitigating King Tides," December 2014 • "Will So-Called King Tide Cost Us Millions?," December 2014 29 GreenspoonMarder Mark Joseph Lynn Member in Good Standing Eligible to Practice Law in Florida Bar Number: 85741 Mail Address: Greenspoon Marder, P.A. 200 E Broward Blvd Ste 1500 Fort Lauderdale, FL 33301-1874 United States Office: 954-491-1120 x1332 Fax: 954-213-0072 Email: mark.lynn@gmlaw.com Personal Bar URL: www.floridabar.org/mybarprofile/85741 County: Broward Circuit: 17 Admitted: 09/27/1996 10-Year Discipline History: None Law School: University of Miami School of Law, 1996 Sections: Real Property, Probate Law Best lawyers' BEST LAW FIRMS jlßü!$Jf.t 2016 30 GreenspoonMarder This page was intentionally left blank. Best Lawyers- BEST LAW FIRMS f•t.-üMVtt 2016 31 GreenspoonMarder Best Lawyers' BEST LAW FIRMS jl.ßü1W/tt 2016 GLENN N. SMITH Shareholder Glenn N. Smith is an experienced trial lawyer concentrating in complex commercial litigation in state and federal courts. Much of Mr. Smith's practice is focused on the representation of clients involved in or related to real estate development. Thus, he has prepared and tried numerous cases on matters such as: • Contract Disputes • Zoning and Land U se • Business Disputes and Business Torts • Professional Malpractice • Construction Defects • Bid Protests In these matters, Mr. Smith has represented such clients as builders/developers, design professionals, contractors, subcontractors and lenders. He is also experienced in general commercial matters and administrative law. Prior to joining the firm, Mr Smith was Assistant Attorney General with the Civil Division, Florida Department of Legal Affairs. Bar Admissions • Florida Education • J.D., Florida State University School of Law, Honors, 1973 • B.A., Valdosta State College, 1968 Professional and Community Involvement • American Academy of Trial Lawyers, Member • American Bar Association, Member • Broward County Bar Association, Member • The Florida Bar • Administrative and Local Governmental Law Section, Member • Trial Lawyers Section, Member 32 GreenspoonMarder Best Lawyer; BEST LAW FIRMS flJ--4~1$.!;-I: 2016 Recognitions • Martindale-Hubbell, A V Preeminent® • US. News & World Report, "Best Lawyers in America," Litigation - Construction, 2012 - 2017 • US. News & World Report, "Best Lawyers in America," Litigation - Land Use & Zoning, 2012 - 2017 • US. News & World Report, "Best Lawyers in America," Commercial Litigation, 2013 - 2017 • US. News & World Report, "Best Lawyers in America," Litigation-Real Estate, 2013 - 2017 • US. News & World Report, "Lawyer of the Year," Litigation- Real Estate, 2017 • Super Lawyers magazine, Florida "Super Lawyers," Construction Litigation, 2008 - 2013 • The American Lawyer magazine, "Top Rated Lawyers," 2012 In the News • Twenty-Three Greenspoon Marder Attorneys Listed Among Best Lawyers in America in 2014 • 26 Greenspoon Marder Attorneys Listed Among Florida Super Lawyers • Greenspoon Marder Attorneys Named Among The Best Lawyers in America® 2013 33 GreenspoonMarder Glenn N. Smith Member in Good Standing Eligible to Practice Law in Florida Bar Number: 165334 Mail Address: 200 E Broward Blvd Ste 1500 Fort Lauderdale, FL 33301-1874 United States Office: 954-888-2666 Fax: 954-333-4066 Email: glenn.smith@gmlaw.com Personal Bar URL: www.floridabar.org/mybarprofile/165334 County: Broward Circuit: 17 Admitted: 10/18/1973 10-Year Discipline History: None Law School: The Florida State University College of Law Sections: Administrative Law Business Law City, County & Local Govt Law Environmental & Land Use Law Trial Lawyers Best Lawyers" BEST LAW FIRMS jlßüM4.¢-I 2016 34 GreenspoonMarder This page was intentionally left blank. Best Lawyers" BEST LAW FIRMS ,,.ßu1avtt 2016 35 GreenspoonMarder Best Lawyers- BEST lAWFIRMS BARRY E. SOMERSTEIN Shareholder Barry E. Somerstein concentrates his practice in the area of real estate transactional law, finance, leasing, general corporate sports law and land use. Mr. Somerstein has represented many clients in the negotiation, structuring and documenting of real estate asset transactions, primarily, in connection with shopping centers, hotels and office buildings. Additionally, he works with developer clients in connection with the acquisition, permitting, land use planning, finance and development of large tracts of real estate. His extensive background has enabled him to assist numerous clients in taking a raw piece of real estate and developing it into a finished product. A substantial part of Mr. Somerstein's practice involves all aspects of leasing and leasehold financing. Mr. Somerstein represents numerous landlords in connection with the leasing of office buildings, shopping centers and warehouses. He also represents numerous clients in negotiating leases on behalf of tenants. Mr. Somerstein has structured long-term ground leases to enable clients to develop on real estate based on the use of long-term ground leases on both a subordinated and unsubordinated basis. Mr. Somerstein has spent a considerable period of time representing both lenders and borrowers in connection with real estate and asset-based financing. He has had extensive experience in loan workout and reorganizations. Mr. Somerstein is involved in structuring corporations, general partnerships, limited partnerships and joint ventures. Mr. Somerstein has spoken at various seminars on office and industrial leasing and growth management. Bar Admissions • Florida Education • J.D., University of Miami School of Law, cum laude, 1976 • B.A., Tulane University, 1975 36 GreenspoonMdrder Best Lawyers- BEST LAW FIRMS jl.ßüfäit+t-t 2016 Professional and Community Involvement • American Bar Association, Member • Broward County Bar Association, Member • Greater Fort Lauderdale Alliance, Executive Committee and General Counsel • Broward Performing Arts Authority Foundation, President and Executive Board Member • Nova Southeastern University, Ambassador's Board, Member Recognitions • Chambers USA, "Top Ranked Leader in their Field," Real Estate, 2003 - 2016 • Martindale-Hubbell, A V Preeminent® • Super Lawyers magazine, Florida "Super Lawyers," Real Estate, 2006 - 2016 • US. News & World Report, "Best Lawyers in America," Land Use & Zoning, and Environmental, 1995 - 2017 • South Florida Legal Guide, "Top Lawyers," 2002 - 2016 • South Florida Business & Wealth magazine, Finalist, "Leaders In Law," Real Estate, 2014 • Intercontinental Finance & Law magazine, "Leading Lawyer 500," 2013 • Florida Trend, Named, "Legal Elite," 2009, 2012 • Daily Business Review, Finalist, "Top Dealmakers of the Year," 2012 • Daily Business Review, 'Top Dealmakers," Land and Retail, 2010 • The Legal 500 US, Real Estate and Construction, 2009 In the News • 32 Attorneys from Greenspoon Marder Listed in The Best Lawyers in America© 2017 • Mentioned, "Bahia Mar Developers Withdraw Application," New Times Broward-Palm Beach, June 17, 2016 • Mentioned, "Bahia Mar's Lawyer Did Double-Duty on Nearby Homeowners' Board," New Times Broward-Palm Beach, June 2, 2016 • Fifteen Greenspoon Marder Attorney's Selected as 2014 Florida Super Lawyers, and Ten as 2014 Florida Rising Stars • Greenspoon Marder Attorneys Selected as Finalists for Lifestyle Media Group's Leaders In Law Award • Twenty One Attorneys Ranked as "Top Lawyers" and Greenspoon Marder Listed as a "Top Law Firm" in the 2014 South Florida Legal Guide • Twenty-Three Greenspoon Marder Attorneys Listed Among Best Lawyers in America in 2014 • 26 Greenspoon Marder Attorneys Listed Among Florida Super Lawyers • Greenspoon Marder Named as Top Law Film • Greenspoon Marder Attorneys Named Among The Best Lawyers in America® 2013 37 GreenspoonMarder Barry Edwin Somerstein Member in Good Standing Eligible to Practice Law in Florida Bar Number: 212563 Mail Address: 200 E Broward Blvd Ste 1800 Fort Lauderdale, FL 33301-1949 United States Office: 954-527-2405 x2605 Fax: 954-333-4005 Email: baiTy.somerstein@gmlaw.com Personal Bar URL: www .floridabar.org/mybarprofile/212563 County: Broward Circuit: 17 Admitted: 06/01/1976 10-Year Discipline History: None Law School: University of Miami School of Law Sections: Business Law Environmental & Land U se Law Best Lawyers' BEST LAW FIRMS j•m~M!.3t 2016 38 GreenspoonM~rder This page was intentionally left blank. Best Lawyer. BEST LAW FIRMS fU:üM9t-t 2016 39 GreenspoonMarder Best Lawyers" BEST LAW FIRMS 1•küt$!5* 2016 STEVEN WHERRY Shareholder Steven Wherry is a shareholder at Greenspoon Marder, practicing in land use, zoning, environmental, public procurement, and governmental law. He represents developers, property owners, and local governments seeking development entitlements and environmental permit approvals for their real estate projects. Additionally, he works closely with real estate attorneys on land use and environmental issues affecting real estate transactions for buyers, sellers, and lenders. Mr. Wherry also represents vendors pursuing government procurement contracts, providing clients with guidance through the entirety of the process. Mr. Wherry routinely negotiates with town, city, and county officials; counsels clients regarding environmental and land use development issues; prepares development applications for submittal to local governmental bodies; presents development projects at multiple levels of state and local government as well as to other community stakeholders; drafts agreements; and performs due diligence research related to clients' potential land acquisitions. Prior to becoming a lawyer, Mr. Wherry worked for over 15 years as a business consultant in the United States, Japan, Philippines, Korea, and throughout the Caribbean, including Bermuda, providing strategic advisory services in areas of corporate development, business process improvement, and restructuring. Mr. Wherry is designated by the U.S. Green Building Council as a LEED AP for his knowledge and understanding of environmentally sustainable land development practices. He is also an adjunct professor at Florida Atlantic University's graduate-level School of Public Administration, lecturing in administrative law and public ethics. As a law student, Mr. Wherry's writing earned him a place on the staff of the Akron Law Review, serving for two years as an editor, first as Assistant Editor then as Associate Editor. As Editor-in-Chief of the Akron Journal of Technology Transfer, Mr. Wherry's organizational and lobbying efforts secured charter approval, initial university funding, and a grant of facilities to establish a publication that today has evolved into the notable Akron Intellectual Property Law Journal. While in law school, Mr. Wherry studied under the late Ghana Supreme Court Justice Modibo Ocran, earning two book awards for top grades in International Trade and International Commercial Law from the internationally recognized jurist. Mr. Wherry also participated in the Philip C. Jessup International Law Moot Court Competition, earning a "Top Oralist" award in the competition. 40 GreenspoonMarder Best Lawyers" BEST lAWFIRMS 1•ßütW, 2016 Court Admissions • U.S. District Court, Southern District of Florida • U.S. Bankruptcy Court, Southern District of Florida Bar Admissions • Florida Education • J.D., University of Akron School of Law, 2004 • B.A., The Citadel, 1992 Professional and Community Involvement • American Planning Association, Broward Section, Member • Boy Scouts of America, Pine Island District, District Committee Member • Citadel Alumni Association, Member • Legal Aid Service of Broward County, NEXT Steering Committee Member • The Florida Bar, Member • Land Use and Environmental Law Section, Member • Real Property, Probate, and Trust Law Section, Member Recognitions • South FloridaBusiness & Wealth, Finalist, "Leaders in Law," Environmental, 2015 • Boy Scouts of America, Eagle Scout • U.S. Green Building Council, LEED AP, 2007 In the News • Greenspoon Marder to Host the T.J. Reddick Bar Association's CLE • Greenspoon Marder and Eight of its Attorneys Selected as Finalists for South Florida Business & Wealth's 2015 Leaders in Law • Greenspoon Marder Welcomes Steven Wherry as a Shareholder to its Fort Lauderdale Office 41 GreenspoonMàrder Steven Snyder Wherry Member in Good Standing Eligible to Practice Law in Florida Bar Number: 65557 Mail Address: 200 E Broward Blvd Ste 1800 F011 Lauderdale, FL 33301-1949 United States Office: 754-200-7017 Fax: 954-333-4157 Email: steven.wherry@gmlaw.com Personal Bar URL: www.floridabar.org/mybarprofile/65557 County: Broward Circuit: 17 Admitted: 04/24/2009 10-Year Discipline History: None Law School: University of Akron School of Law, 2004 Sections: City, County & Local Govt Law Environmental & Land U se Law Real Property, Probate Law Best Lawyers' BEST LAW FIRMS j•M~ta24.¢.-I 2016 42 GreenspoonMarder This page was intentionally left blank. Best Lawyers' BEST LAW FIRMS jißütiR!_t 2016 43 GreenspoonMarder Best Lawyers' BEST LAW FIRMS jU:ü P:R¢.-I: 2016 PETER R. SIEGEL Shareholder Peter R. Siegel practices in the area of Labor and Employment law and Commercial Litigation at Greenspoon Marder. He represents employers and employees in litigating the full range of workplace issues, including wrongful discharge, non-compete agreements, employment discrimination, sexual harassment, the Americans with Disabilities Act, the Family and Medical Leave Act, the Fair Labor Standards Act, Title VII of the Civil Rights Act of 1964, and the Florida Civil Rights Act of 1992. Mr. Siegel counsels employers on all aspects of the employment relationship including interviewing, hiring, employee discipline and discharge issues, and the drafting and negotiating of employment and severance agreements. He also performs legal audits of client workplaces to evaluate compliance issues, conducts training for employees and management, and frequently lectures to business groups, human resource managers, and legal professionals on such topical issues as how to reduce the risk of employment litigation. Mr. Siegel is a member of the National Employment Lawyers Association, and the Society for Human Resource Management. He is also serving a three-year term on the Florida Bar's Federal Court Practice Committee. Court Admissions • U.S. District Court, Middle District of Florida • U.S. District Court, Southern District of Florida • U.S. Court of Appeals, Eleventh Circuit Bar Admissions • Florida Education • J.D., Case Western Reserve University School of Law, 1993 • National Moot Court Team, Member • B.A., History, Columbia University, Honors, 1989 Recognitions • South Florida Legal Guide, "Top Lawyers," 2006-2015 • South Florida Business & Wealth magazine, Finalist, "Leaders ln Law Award," Labor & Employment, 2014 • Martindale-Hubbell, AV Preeminent® • The American Lawyer magazine, "Top Rated Lawyers," 2012-2014 44 GreenspoonMarder Publications • Author, "Ten Common Mistakes Employers Make," April 2010 In the News • Greenspoon Marder Attorneys Selected as Finalists for Lifestyle Media Group's Leaders In Law Award • Twenty One Attorneys Ranked as "Top Lawyers" and Greenspoon Marder Listed as a "Top Law Firm" in the 2014 South Florida Legal Guide • Greenspoon Marder Named as Top Law Firm 2012 • Greenspoon Marder Named as Top Law Firm 2011 Speaking Engagements • Presented "Employer Risks and Obligations Regarding Social Media and Technology" at the Hot Topics in Today's Workplace Seminar, October 28, 2015. 45 GreenspoonMarder Peter Ross Siegel Member in Good Standing Eligible to Practice Law in Florida Bar Number: 988634 Mail Address: Greenspoon Marder PA 200 E Broward Blvd Ste 1800E Fort Lauderdale, FL 33301-1949 United States Office: 954-491-1120 Fax: 954-771-9264 Email: peter.siegel@gmlaw.com Personal Bar URL: www.floridabar.org/mybarprofile/988634 County: Broward Circuit: 17 Admitted: 10/12/1993 10-Year Discipline History: None Law School: Case Western Reserve University School of Law Sections: Labor and Employment Law Trial Lawyers Best Lawyers BEST LAW FIRMS jlßüt@Jt-t 2016 46 GreenspoonMarder This page was intentionally left blank. Best Lawyers' BEST lAWFIRMS fU:üM9t-l 2016 47 GreenspoonMarder Best Lawyers BEST LAW FIRMS jl.ßüfWJt-~ 2016 CHAD J. TAMAROFF Shareholder Chad J. Tamaroff is a shareholder at Greenspoon Marder. As a member of the firm's Litigation practice group, Mr. Tamaroff concentrates his practice in the areas of complex commercial and civil litigation, real estate litigation, title insurance litigation, and lender liability litigation. As a litigator, Mr. Tamaroff has represented the interests of banks, insurance companies, businesses, real estate developers, homeowner's associations, and individuals in a wide range of real estate, commercial and business litigation matters. He also has extensive experience in handling Quiet Title Actions for Tax Deed Investors and working with different counties to resolve outstanding liens and code violations. Mr. Tamaroff has been with the firm for 16 years during which he has led many of the firm's growth initiatives. He also serves as a mentor to many of the firm's associates. Court Admissions • U.S. District Court, Southern District of Florida • U.S. District Court, Middle District of Florida Bar Admissions • Florida Education • J.D., South Texas College of Law, 1998 • B.A., History, University of Florida, 1994 Professional and Community Involvement • Mount Sinai Medical Center, Corporate Founder, Past Memeber • Greater Fort Lauderdale Alliance • Bravo Group, Member • National Tax Lien Association, Member • Junior Achievement, Former Board Member • Entrepreneur Organization, Former Corporate Sponsor • B'nai B'rith Justice Unit of Broward County, Former Member on Board of Directors 48 GreenspoonMarder Best Lawyer, BEST LAW FIRMS f•-'-·UM9t-l: 2016 Recognitions • South Florida Business Journal, "Best of the Bar," 2005 • Martindale-Hubbell, A V Preeminent® In the News • Greenspoon Marder Shareholder Appointed to JA Board of Directors • Greenspoon Marder Team Obtains $15,000,000 Judgement in Highly Contested Case Heard Before Ninth Judicial Circuit Business Litigation Court Speaking Engagements • Presenter, "Bankruptcy Matters & Florida Homestead Exemption Disputes," National Tax Lien Association (NTLA) Annual Conference, February 26, 2015. 49 GreenspoonMarder Chad Justin Tamaroff Member in Good Standing Eligible to Practice Law in Florida Bar Number: 163368 Mail Address: Greenspoon Marder P A 200 E Broward Blvd Ste 1800 Fort Lauderdale, FL 33301-1949 United States Office: 954-491-1120 xl018 Fax: 954-343-6950 Email:chad.tamaroff@gmlaw.com Personal Bar URL: www.floridabar.org/mybarprofile/163368 County: Broward Circuit: 17 Admitted: 04/13/1999 10-Y ear Discipline History: None Law School: South Texas College of Law Sections: Real Property, Probate Law Trial Lawyers Best Lawyers BEST LA.WFIRMS fl@!~t§!5* 2016 50 GreenspoonMarder This page was intentionally left blank. Best Lawyers BEST lAWFIRMS flßüt¥i!§-t 2016 . 51 GreenspoonMarder Best Lawyers- BEST LA.W FIRMS -·~·üt$Jf.-1: 2016 CHRIS ALAN DRAPER Shareholder Chris A. Draper is a shareholder with Greenspoon Marder's Litigation practice group. He has successfully represented numerous corporate clients in state and federal courts on a variety of litigation matters. Mr. Draper represents clients before the Equal Opportunity Employment Commission (EEOC) in employment discrimination cases and other related matters. Court Admissions • U.S. District Court, Middle District of Florida • U.S. District Court, Southern District of Florida Bar Admissions • Florida Education • J.D., Boston University • B.A., University of Central Florida Professional and Community Involvement • Speaker, Mid-Florida Community Association Institute In the News • Going Up! New Partners 2014-2015: A Daily Business Review Special Rep011 • Chris Alan Draper joins Greenspoon Marder's West Palm Beach office 52 GreenspoonMarder Chris Alan Draper Member in Good Standing Eligible to Practice Law in Florida Bar Number: 838640 Mail Address: Greenspoon Marder, P.A. 525 Okeechobee Blvd Ste 1570 West Palm Beach, FL33401-6349 United States Office: 561-227-2370 Fax: 561-713-2827 Email: chris.draper@gmlaw.com Personal Bar URL: www.floridabar.org/mybarprofile/838640 County: Palm Beach Circuit: 15 Admitted: 02/15/1990 1 O-Y ear Discipline History: None Law School: Boston University School of Law 53 GreenspoonMarder This page was intentionally left blank. Best lawyers" BEST LAW FIRMS jlMMfOJt-t 2016 54 GreenspoonMarder Best Lawyers' BEST LAW FIRMS jl.@füi'Jtt 2016 DARIEL J. ABRAHAMY Shareholder Dariel J. Abrahamy is a shareholder in Greenspoon Marder's Commercial and Civil Litigation practice group. He handles trials and litigation throughout Florida. Mr. Abrahamy has substantial experience in commercial and real estate litigation, including commercial and residential landlord-tenant disputes, commercial foreclosures, business disputes, non-compete cases, easements, quiet title actions, security and escrow deposit claims, contract disputes, collection matters, and deficiency judgments. Mr. Abrahamy also manages a team of attorneys representing lenders, servicers, banks, and other third-party purchasers against condominium and homeowners associations' claims for assessments following foreclosure. Mr. Abrahamy has presented to Fortune 500 companies on strategies for limiting lender liability for pre and post-title assessments and related charges and is one of the leading authorities in Florida on the safe-harbor statute. After growing up in South Florida, Mr. Abrahamy attended Washington University in St. Louis, where he obtained a B.S.B.A. from the Olin School of Business. He then returned to South Florida, receiving his J.O. from the University of Miami School of Law. Mr. Abrahamy joined Greenspoon Marder in 2005. Representative Experience • Wiggins v. Tigrent, Inc., 147 So.3d 76 (Fla. 2nd DCA 2014)(obtained reversal on appeal of judgment entered against individual in case of first impression in Florida. Case involved whether individual waived his right to object to personal jurisdiction by failing to raise the issue until after the entry of default judgment). • Trial attorney on complex commercial litigation cases, including commercial foreclosures, commercial landlord-tenant disputes, guarantees, and evictions. • Trial attorney on cases involving purchase and sale agreements, leases, and security deposit claims. • Trial attorney defending institutional lenders and servicers against condominium and homeowners associations' claims for assessments and associated charges. • Litigated cases involving Promissory Notes, Guarantees, and Deficiency Judgments, Claims of Lien, and quiet title actions involving tax deeds and other real property. • Successfully obtained judgments for clients on breach of contract actions • Experienced in Domesticating Foreign Judgments throughout Florida Court Admissions • U.S. District Court, Middle District Florida • U.S. District Court, Southern District Florida 55 GreenspoonMarder Best Lawyers' BEST LAW FIRMS jlßüttii.¢.-t 2016 Bar Admissions • Florida • New York Education • J.D., University of Miami School of Law • B.A., Washington University, St. Louis • B.S., Washington University, St. Louis Professional and Community Involvement • Board of Directors, Fort Lauderdale Chamber of Commerce • Ruth & Norman Raies Jewish Family Services • Meals on Wheels Program, Volunteer Driver • Food Pantry • Sterling Education - Landlord Tenant Seminars, Lecturer • Leadership Broward Class XXIX Recognitions • Daily Business Review, "Rising Star," 2016 • Super Lawyers magazine, General Litigation "Florida Rising Stars," 2013-20 I 6, • Leadership Broward Class XXIX In the News • Fifteen Greenspoon Marder Attorney's Selected as 2014 Florida Super Lawyers, and Ten as 2014 Florida Rising Stars • 26 Greenspoon Marder Attorneys Listed Among Florida Super Lawyers 56 GreenspoonMarder Dariel Jonathan Abrahamy Member in Good Standing Eligible to Practice Law in Florida Bar Number: 14901 Mail Address: Greenspoon Marder PA 100 W Cypress Creek Rd Ste 700 Fort Lauderdale, FL 33309-2195 United States Office: 954-491-1120 Email: Dariel.Abrahamy@gmlaw.com Personal Bar URL: www.floridabar.org/mybarprofile/14901 County: Broward Circuit: 17 Admitted: 09/28/2005 10- Y ear Discipline History: None Law School: University of Miami School of Law Sections: Real Property, Probate Law Trial Lawyers Best Lawyers BEST LAW FIRMS f•.ßütWJt-t 2016 57 GreenspoonMarder This page was intentionally left blank. Best Lawyers BEST LAW FIRMS ji@~t@Jt-1 2016 58 G reenspoo n Mard er Best Lawyers BEST LAW FIRMS jlßütfili'Jtt 2016 LARRY CORMAN Shareholder Practicing for nearly 30 years, Larry Corman handles matters relating to business litigation, labor and employment law, real estate litigation, contracts, civil rights litigation, and constitutional law. Mr. Corman also regularly represents clients in connection with the collection of delinquent accounts, including enforcing security agreements and foreclosing mortgages; in addition, he is experienced in handling all aspects of landlord-tenant disputes and eviction proceedings. A frequent lecturer, Mr. Corman speaks at educational seminars sponsored by the Florida Bar and other civic and educational organizations, regarding the areas of employment and constitutional law. Industries • Real Estate • Private Country Clubs • Property Owner Associations • Marine • General Business Representative Experience • Represents a number of private country clubs and property owner associations in matters involving: turnover of real property and related facilities from developers to clubs and other property owners; review and preparation of vendor contracts; drafting of employee handbooks; resolution of member and employee grievances; interpretation, preparation and enforcement of by-laws, rules and regulations; and construction-related disputes. • Successfully tried cases involving: the fraudulent sale of business interests and assets; defective construction of improvements to real property and yachts; enforcement of covenants not to compete; protection of trade secrets; and defamation and false imprisonment claims. • Litigated numerous cases involving Civil Rights and Constitutional Law, including: matters involving freedom of speech and religion; abortion rights; access to courts; and employment and housing discrimination. Court Admissions • U.S. Court of Appeals, Eleventh Circuit • U.S. District Court, Southern District of Florida 59 GreenspoonMarder Best Lawyers' BEST LAW FIRMS fißütfiliVt-t 2016 Bar Admissions • Florida Education • J.D., Harvard Law School, • B.A., Economics & Political Science, State University of New York, summa cum laude Professional and Community Involvement • South Palm Beach County Bar Association, Professionalism Committee, Chair • Business Development Board of Palm Beach County, Education Committee • Greater Boca Raton Chamber of Commerce, Education Committee • Education Advisory Board of Boca Raton, Appointed Member • American Civil Liberties Union, Broward County & State of Florida, Chairman, Board of Directors • South Palm Beach County Bar Association, Board Member and Treasurer Recognitions • Rated AV® Preeminent™, Martindale-Hubbell Law Directory In the News • Greenspoon Marder Shareholder Larry Corman Reappointed to Serve as the South Palm Beach County Bar Association's Professionalism Committee Chair • Greenspoon Marder Announces New Shareholders • Bucking Trend - Greenspoon Marder Expands, Again 60 GreenspoonMarder Larry Corman Member in Good Standing Eligible to Practice Law in Florida Bar Number: 374891 Mail Address: Greenspoon Marder, P.A. 2255 Glades Rd Ste 400E Boca Raton, FL 33431- 7379 United States Office: 888-491-1120 xl 749 Email: larry.corman@grnlaw.com Personal Bar URL: www.floridabar.org/mybarprofile/374891 County: Palm Beach Circuit: 15 Admitted: 10/31/1983 10-Year Discipline History: None Law School: Harvard Law School, 1983 Practice Areas: Civil Litigation Civil Rights Civil Trial Commercial Litigation Constitutional Construction Debtor and Creditor Dispute Resolution Labor and Employment Federal Courts: U.S. Court of Appeals for the Eleventh Circuit U.S. District Court, Southern District of Florida Best Lawyers- BEST LAW FIRMS jl@~tWJt-1 2016 61 GreenspoonMarder This page was intentionally left blank. Best Lawyers' BEST LAW FIRMS j•M~t~ 2016 62 GreenspoonMarder Best Lawyers BEST I.AW FIRMS jl@füflJtt 2016 EVETT L. SIMMONS Shareholder Evett L Simmons concentrates her practice in the areas of real estate, probate and guardianship administration and litigation. Ms. Simmons is a past President of the National Bar Association and a past president of the Port St. Lucie Bar Association. She is also a former member of The Florida Bar Board of Governors, the State of Florida Judicial Qualifications Commission, and the Board of Directors of Enterprise Florida, Inc. She currently serves on the Board of Trustees of Florida Southern College and the American Bar Association Commission on Racial and Ethnic Diversity in the Profession. Ms. Simmons has been awarded honors by a variety of respected organizations, associations, and businesses. In 2013, Florida Southern College named its multicultural center the "Evett L Simmons Center for Multicultural Awareness." ln 2007, the NBA presented Ms. Simmons with the "Gertrude E. Rush Award" that honors her spirit and commitment to mankind. She also received the "National Black Pre-Law Admissions and Preparation Conference Legacy Builder Award," the "PACE Believing in Girls Embrace Growth & Legacy Award," and the "Soroptimist Women of Distinction Award." ln 2001, she was listed by Ebony magazine as one of the most influential African Americans in this country. She is the recipient of the American Association of University Women Port St. Lucie Chapter, "Outstanding Community Service Award" in the field of law. Other honors include the 2001 "Alumna of the Year" Award, Mercer University School of Law; 2001 "Outstanding Alumni Achievement" Citation, Florida Southern College; a proclamation from the City of Fernandina Beach, Florida declaring August 11, 2000 'Evett L. Simmons Day,' and the 1997 United Way of St. Lucie County "Volunteer of the Year" Award. Ms. Simmons has participated in a number of bond transactions involving the City of Port St. Lucie and the Hillsborough County Aviation Authority. Ms. Simmons is the Chair of the Firm's Diversity Committee. Bar Admissions • Florida Education • LLD., Suffolk University, 2001 • J.D., Mercer University Walter F. George School of Law, 1982 • B.A., Florida Southern College, 1979 63 GreenspoonMarder Best Lawyers- BEST LAW FIRMS jl.ßüt@Jtt 2016 Professional and Community Involvement • The Florida Bar, Diversity and Inclusion Committee, Member • The Florida Bar, Continuing Legal Education Committee, Chair • Former Vice Chair • Hillary Clinton Campaign, Rules Committee, Representative Recognitions • National Bar Association, Gertrude E. Rush A ward, 2007 • National Black Pre-Law Admissions and Preparation Conference, Legacy Builder A ward, 2007 • PACE, Believing in Girls Embrace Growth & Legacy Award • Ebony magazine, One of the Most Influential Afìican Americans in the US, 2001 • American Association of University Women, Port St. Lucie Chapter, Outstanding Community Service Award in the Field of Law • Mercer University School of Law, Alumna of the Year Award, 2001 • Florida Southern College, Outstanding Alumni Achievement Citation, 2001 • Evett L. Simmons Day Proclamation from the City of Fernandina Beach, FL, August 11, 2000 • United Way of St. Lucie County, Volunteer of the Y ear Award, 1997 Memberships • American Bar Association Diversity Center Committee, Member • American Bar Association's Commission on Civic Education in the Nation's Schools, Member • American Bar Association President's Council on Diversity in the Profession, Past Chair • American Bar Foundation, Life Fellow • American Law Institute, Member • Continuing Legal Education Committee of The Florida Bar, Past Chair • Delta Sigma Theta Sorority, Inc., Member • The Florida Bar, Continuing Legal Education Committee, Member • Florida Southern College, Board of Trustees • ABA House of Delegates, Former Member • Indian River Community College, Legal Assisting Advisory Committee, Member • NAACP, Life Member • National Bar Association Crump Law Camp Committee, Chair • National Bar Association, Past President • National Association of Bond Lawyers ("Red Book"), Member • PACE Center for Girls, Treasure Coast, Board of Directors • Phi Mu Fraternity, Inc., Member • P011 St. Lucie Bar Association, Member • St. Lucie West Centennial High School, Advisory Committee, Member • Virgil Hawkins Florida Chapter National Bar Association, Past President 64 GreenspoonMarder Best Lawyers' BEST lAWFIRMS fißüfa!t.tt 2016 Publications • Author, "Creating a Pipeline of Tomorrow's Lawyers Today and Other Law Firm Diversity Strategies," Inside the Minds: Building and Encouraging Law Firm Diversity, Thomson Reuters/Aspatore, 2014. 65-76. In the News • Evett Simmons Appointed to the American Bar Association's Commission on Racial and Ethnic Diversity in the Profession • Evett L. Simmons Hosts National Bar Association's Mock Trial Competition and Receives the 2013 Sankofa Award at Annual NBA Convention • Greenspoon Marder Shareholder Hosts National Bar Association's Mock Trial Competition • Greenspoon Marder Attorney Evett Simmons Receives St. Lucie County Black History Makers Award • American Bar Association Appoints Greenspoon Marder Attorney Evett Simmons As Member Of Center For Diversity Speaking Engagements • Keynote Speaker, Empowerment Dinner, Walter F. George School of Law Black Law Students Association Chapter, Mercer University, February 28, 2015 • Speaker, "Pre-Mortem Legal Planning," Essentials of Elder Law Seminar, The Florida Bar Elder Law Section, January 15, 2015 • Speaker, "The Transfer of Wealth to the Next Generation," lCABA Business Forum, June 6, 2014 65 GreenspoonMarder Evett Louise Simmons Member in Good Standing Eligible to Practice Law in Florida Bar Number: 358053 Mail Address: Greenspoon Marder, PA 145 NW Central Park Plz Ste 200 Port Saint Lucie, FL 34986-2482 United States Office: 772-873-5900 Fax: 772-873-3104 Email: evett.simmons@gmlaw.com Personal Bar URL: www.fl01idabar.org/mybarprofile/358053 County: St. Lucie Circuit: 19 Admitted: 12/23/1982 10-Year Discipline History: None Law School: Mercer University- Walter F. George School of Law, 1982 Committees: Committee Sections: Past Board Of Governors Continuing Legal Education Committee Elder Law Real Property, Probate Law Office Chair Best Lawyers' BEST lAWFIRMS fh:~~tS.O.t-t 2016 Term 06/30/1995 06/30/2018 66 GreenspoonMarder This page was intentionally left blank. Best Lawyers' BEST LAW FIRMS ji.@~ MVt-1 2016 67 GreenspoonMarder Best Lawyer; BEST LAW FIRMS jißü1h9tt 2016 THOMAS E. SLINEY Shareholder Thomas E. Sliney is a shareholder in the Wills, Trust and Estate practice group at Greenspoon Marder. Mr. Sliney has experience in the representation of a wide variety of individuals and corporations, focusing his practice on wills, trust and estates. Mr. Sliney has extensive experience with governmental, municipal and zoning matters. He also represents clients in real estate assessment disputes. Mr. Sliney has served as the attorney for the City of Boca Raton Civil Service Board. He also served as the Town Attorney for the Town of Highland Beach for many years. Court Admissions • U.S. Court of Appeals Bar Admissions • Florida • Michigan Education • J.D., University of Michigan • B.A., Dartmouth College cum laude Professional and Community Involvement • RA Ritter Foundation, Trustee • Boca Raton Humane Society Foundation, Trustee • Florida Atlantic University College of Arts and Letters Advisory Board, Member • Board of Overseers at Lynn University, Member • Republican Party of Palm Beach County, Executive Committee, Member • Former Chairman • South Palm Beach County Bar Association, Former President • Boca Raton Roundtable, Former Director • 15th Circuit Judicial Nomination Commission by appointment of Governor Bob Martinez, Former Member • 4th District Court of Appeal Judicial Nomination Commission by appointment of Governor Jeb Bush, Former Member • Professional Advisory Council of the Boca Raton Museum of Art, Former Member 68 GreenspoonMarder Best Lawyers" BEST LAW FIRMS j•M~tt\i®-:I 2016 • Advisory Council of the Health Care Administration Program at Barry University, Fonner Member • St. Augustine Historic Preservation Board, Fonner Member • Boca Raton Historical Society, Fonner Member • Boca Raton/Delray Beach Navy League, Former Member • Florida Atlantic University, Fonner Instructor in Probate for Paralegal Certification program Recognitions • Martindale-Hubbell, AV Preeminent® In the News • Greenspoon Marder Adds two Attorneys to it Growing Trusts & Estate and Litigation Practice Groups in their Boca Raton Office 69 GreenspoonMarder Thomas Edward Sliney Member in Good Standing Eligible to Practice Law in Florida Bar Number: 134723 Mail Address: Greenspoon Marder 2255 Glades Rd Ste 400E Boca Raton, FL 33431-7379 U ni ted States Office: 561-994-2212 Fax: 561-807-7524 Email: thomas.sliney@gmlaw.com Personal Bar URL: www .floridabar.org/mybarprofile/134 723 County: Palm Beach Circuit: 15 Admitted: 06/04/1971 10-Year Discipline History: None Law School: University of Michigan Law School Sections: Real Property, Probate Law Practice Areas: Elder Estate Planning Trusts and Estates Wills, Trusts and Estates Zoning, Planning and Land U se 70 GreenspoonMarder This page was intentionally left blank. Best Lawyers" BEST LAW FIRMS j•M~tfilitft:I: 2016 71 GreenspoonMarder Best Lawyers BEST LAW FIRMS jU .... ü@/t-1 2016 ALICIA LEWIS Associate Alicia Lewis advises land developers, local governments, and property owners seeking permit approvals and development entitlements for their real estate projects. She represents clients before state and local governments regarding land use changes, rezoning, site plan approvals, environmental permitting, and comprehensive plan amendments. With prior experience in local government and public finance law, Ms. Lewis has served as outside general counsel and special counsel to cities, counties, and non-profit organizations. She has advised public and private officials on compliance issues relating to federal, state and local government regulations, and a variety of public finance matters including municipal bond issuance and refunding. Prior to becoming a lawyer, Ms. Lewis obtained a Master's of Public Administration and was nominated for the prestigious Rhodes-Marshall Scholarship. Additionally, she traveled across the United States and Canada serving as a business consultant for one of the most prominent consulting firms in North America. As a law student, Ms. Lewis was a Senior Editor for the Alabama Civil Rights and Civil Liberties Law Review and the Corporate Relations Director for the Southern Region National Black Law Students Association (SRBLSA). Additionally, she worked as a summer associate for two prominent Alabama law firms, interned for the Alabama Attorney General's Office, and clerked for Alabama Chief Administrative Law Judge, Julia Weller. Court Admissions • Supreme Court, State of Florida • Supreme Court, State of Georgia • Court of Appeals, State of Georgia • U.S. District Court, Northern District of Georgia Bar Admissions • Florida • Georgia 72 GreenspoonMarder Best Lawyer; BEST LAW FIRMS jlküM4.q 2016 Education • J.D., University of Alabama School of Law, 2011 • M.P.A., University of Alabama at Birmingham, 201 O • Universite de Fribourg Switzerland, International Arbitration Study Abroad, 2008 • B.A., Auburn University, 2006 Professional and Community Involvement • American Bar Association, Member • National Bar Association, Member • Broward County Bar Association, Member • National Association of Women Lawyers, Member • Urban Land Institute, South Florida Section, Member • Georgia Association of Black Women Lawyers, Member • T.J. Reddick Bar Association, Secretary • Gwen S. Cherry Black Women Lawyers Association, Member • Emerge Broward, Member • Urban League of Broward County, Member • Florida Bar, Member • Environmental Law and Land Use • Administrative Law • City, County and Local Government Law • Georgia Bar, Member • Environmental Law • Government Attorneys Recognitions • Daily Business Review, "Rising Star," 2016 • Presidential Daily Point of Light #341 O • Miss America Community Service Award, Finalist • Congressional Community Service Award, Nominee • Rhodes-Marshall Scholarship, Nominee In the News • Greenspoon Marder to Host the T.J. Reddick Bar Association's CLE 73 GreenspoonMarder Alicia Janelle Lewis Member in Good Standing Eligible to Practice Law in Florida Bar Number: 101945 Mail Address: 200 E Broward Blvd Ste 1800 F01t Lauderdale, FL 33301-1949 United States Office: 954-527-6276 Fax: 954-333-4176 Email: alicia.lewis@gmlaw.com Personal Bar URL: www .floridabar.org/mybarprofile/1 O 1945 County: Broward Circuit: 17 Admitted: 01/29/2013 Young Lawyers Division: Member 10-Year Discipline History: None Law School: The University of Alabama School of Law, 2011 Sections: Young Lawyers Environmental & Land U se Law Best lawyers" BEST LAW FIRMS jlßüthttt.t 2016 74 GreenspoonMarder This page was intentionally left blank. Best Lawyers- BEST LAW FIRMS jlßütfilf9t.-t 2016 75 GreenspoonMarder Best Lawyers- BEST LAW FIRMS •• ßüttittt.t 2016 ELIZABETH SOMERSTEIN ADLER Associate A member of Greenspoon Marder's Litigation practice group, Elizabeth Somerstein Adler concentrates her practice on civil litigation, including, but not limited to, commercial, construction, zoning, environmental, and land use. Ms. Adler also has experience with matters regarding intellectual property, first amendment and equal protection litigation. Further, she is a certified U.S. Green Building Council Leadership in Energy and Environmental Design (LEED) Green Associate. As a LEED Green Associate*, Ms. Adler has experience in the area of green design, construction and operations as well as an understanding of green building practices, principles and the LEED Rating Systems. Prior to joining the firm, Ms. Adler was a Law Clerk at a full-service law firm. She was formerly a Dean's Fellow Teaching Assistant and a Research Assistant at the University of Miami School of Law. She also served as a Legal Intern at Legal Art, Miami. *LEED Green Associate and the LEED Green Associate logo are trademarks owned by the U.S. Green Building Council and are awarded to individuals under license by the Green Building Certification Institute. Court Admissions • U.S. District Court, Southern District of Florida • U.S. Court of Appeals, Eleventh Circuit Bar Admissions • Florida Education • J.D., University of Miami School of Law, magna cum laude, Order of the Coif, 2009 • Writing Editor, University of Miami Intern-American Law Review • "Grey Quill Award," Recipient • B.A., Art History, Emory University, 2006 • Certified LEED Green Associate, U.S. Green Building Council, 2011 Professional and Community Involvement • City of Fort Lauderdale, Sustainability Advisory Board, Member • Broward County Bar Association, Member • Order of the Coif, Member 76 GreenspoonMarder Best Lawyers BEST LAW FIRMS jißütW.¢.t 2016 • Silver Knight Alumni Association, Member • South Florida Emory Alumni Association, Member • University of Miami School of Law Young Alumni Committee, Member Publications • Co-Author, "New Challenges to Protecting a Landlord's Interest From its Tenants' Creditors," March 20 l O • "Senate Bill 360 in the Wake of the Recent City of Weston Ruling," October 2010 • "Copyright Abolition and Attribution," Review of Law & Economics: Vol. 5: Iss. 3, Article 5, 2009 • "Provenance: Issues in Museum Administration" ALI-ABA Course of Study, Legal Issues in Museum Administration, April 2009 • "Who is really protecting Barbie: Goliath or the Silver Knight? A defense of Mattel's aggressive international attempts to protect its Barbie copyright and trademark": 39 University of Miami Inter-American Law Review, 559, 2008 In the News • Greenspoon Marder Attorney Elizabeth Somerstein Adler has been Appointed to the City of Fort Lauderdale's Sustainability Advisory Board 77 GreenspoonMarder Elizabeth Somerstein Adler Member in Good Standing Eligible to Practice Law in Florida Bar Number: 72853 Mail Address: Greenspoon Marder, P.A. 200 E Broward Blvd Ste 1800 Fort Lauderdale, FL 33301-1949 United States Office: 954-527-2459 Email: elizabeth.adler@gmlaw.com Personal Bar URL: www.floridabar.org/mybarprofile/72853 County: Broward Circuit: 17 Admitted: 10/07/2009 Young Lawyers Division: Member 10-Year Discipline History: None Law School: University of Miami School of Law Sections: Young Lawyers Best Lawyers- BEST LAW FIRMS ji.§!~tWJtt 2016 78 GreenspoonMarder This page was intentionally left blank. Best Lawyers- BEST LAW FIRMS jh-~MR+t--1: 2016 79 GreenspoonMarder Best Lawyer. BEST LAW FIRMS ,,.&ütâttt 2016 JASON D. SIL VER Associate Jason D. Silver is an associate with the Banking & Finance Litigation practice group at Greenspoon Marder. He is based out of the Ft. Lauderdale and New York offices. Mr. Silver handles all facets of consumer finance litigation on behalf of financial institutions. He also handles other various commercial and civil litigation matters in state and federal courts. In addition, he handles municipal lien reduction litigation and mitigation, all aspects of representation of national timeshare corporations, and bankruptcy litigation . Mr. Silver has also practiced government law. He has presided as the Deputy Municipal Attorney at monthly municipal meetings at the Village of El Portal, Florida. He has assisted with the representation in election related disputes, municipal Zoning Board related disputes, a municipality's effort to implement a Form-Cased Code, and interned at the Office of the City Attorney at the City of Miami, Florida while in law school. He is also a Florida Supreme Court Qualified Arbitrator. Regarding service to the community and the bar, Mr. Silver was appointed and re-appointed to The Florida Bar's Standing Committee for Student Education and Admissions to the Bar. He is a former President of The Florida Bar Young Lawyers Division's Law Student Division. He also previously served as an elected member of The Dade County Bar Association's Young Lawyers Section Board of Directors. Mr. Silver is also active with the Jewish Federation of Broward County, where he graduated from the 2016 Horizons Leadership Development Program, is a member of the Board of Directors for the Young Leadership Division, serves on the Government Relations Committee and serves on the Special Needs Impact Team. He is also a seasonal lecturer and mock trial competition coach at David Posnack Hebrew Day High School through Greenspoon Marder. Since 2012, Mr. Silver is a published writer for various topics for the Cuban American Bar Association's CABA Briefs magazine, has written for the The Dade County Bar Association Bulletin, and been featured in the St. Thomas University School of Law's Alumni Newsletter. Part of the media relations staff for the Miami Dolphins on game days since 2009, Mr. Silver worked Superbowl XLIV, the Pro Bowl in Miami, and the 2008 FedEx BCS National Championship game in Miami. He has been a spotter for national and local football television and radio broadcasts as well as a public address and radio announcer for various Division I and high school sporting events. 80 GreenspoonMarder Court Admissions • U.S. District Court, Southern District ofNew York • U.S. District Court, Eastern District of New York • U.S. Bankruptcy Court, Southern District ofNew York • U.S. Bankruptcy Court, Eastern District ofNew York • U.S. District Court, Southern District of Florida • U.S. District Court, Middle District of Florida • U.S. District Court, Northern District of Florida • U.S. Bankruptcy Court, Southern District of Florida • U.S. Bankruptcy Court, Middle District of Florida • U.S. Bankruptcy Court, Northern District of Florida • U.S. Court of Appeals, District of Columbia Circuit • U.S. Court of Appeals, Second Circuit • U.S. Court of Appeals, Third Circuit • U.S. Court of Appeals, Fifth Circuit • U.S. Court of Appeals, Seventh Circuit • U.S. Court of Appeals, Eleventh Circuit • Florida Supreme Court Qualified Arbitrator Bar Admissions • District of Columbia • Florida • New York Education • J.D., St. Thomas School ofLaw, 2011 • B.S., Public Relations, University of Florida, 2008 Professional and Community Involvement • The Florida Bar, Member • Standing Committee for Student Education & Admissions To The Bar, Member, Reappointed to a term to 2019 • The Florida Bar Young Lawyers Division's Law Student Division, Member • Real Property Probate and Trust Law Section of The Florida Bar, Member • Business Section of The Florida Bar, Member • Public Interest Section of The Fl mida Bar, Member • Dade County Bar Association/Young Lawyers Section, Member • Elected to Board of Directors, 2012 • Cuban American Bar Association, Member • St. Thomas University School of Law, Alumni Advisory Committee, Member 81 GreenspoonMarder Best Lawyers BEST LAW FIRMS f 1.ßütk\V..t-;t 2016 • University of Florida, Florida Blue Key, Elected Member • Miami Dolphins • Seasonal assistant to Media Relations staff • The Orange Bowl Committee • Collegiate football bowl seasonal assistant to Communications staff, 2005- 2012 Speaking Engagements • Panelist, "Are Law Schools Adequately Preparing Students for the Practice of Law?," 65th Annual Florida Bar Convention, The Florida Bar, June 26, 2015. • Moderator, 64th Annual Florida Bar Convention, "Outlook Ethics," Continuing Legal Education, The Florida Bar, June 27, 2014. 82 GreenspoonMdrder Jason David Silver Member in Good Standing Eligible to Practice Law in Florida Bar Number: 92547 Mail Address: Greenspoon Marder Law 100 W Cypress Creek Rd Ste 700 Fort Lauderdale, FL 33309-2195 United States Office: 954-491-1120 Email: Jason.Silver@gmlaw.com Personal Bar URL: www.fl01idabar.org/mybarprofi1e/92547 County: Broward Circuit: 17 Admitted: 09/23/2011 Young Lawyers Division: Member 10-Year Discipline History: None Law School: St. Thomas University School of Law, 2011 Committees: Office Committee Student Education/ Admissions to The Bar Committee Sections: Young Lawyers Business Law City, County & Local Govt Law Public Interest Law Real Property, Probate Law Trial Lawyers Term 06/30/2019 Best Lawyers' BEST LAW FIRMS 1•.@~t$Jf.-t 2016 83 GreenspoonMarder Federal Courts: Florida Northern District Bankrnptcy Court Florida Southern District Bankrnptcy Court New York Eastern District Bankrnptcy Comi New York Southern District Bankrnptcy Court U.S. Court of Appeals for the District of Columbia U.S. Court of Appeals for the Second Circuit U.S. Court of Appeals for the Third Circuit U.S. Comi of Appeals for the Fifth Circuit U.S. Court of Appeals for the Seventh Circuit U.S. Court of Appeals for the Eleventh Circuit U.S. District Court, Eastern District of New York U.S. District Court, Northern District of Florida U.S. District Court, Southern District of Florida U.S. District Court, Southern District of New York State Courts: District Of Columbia Fl01ida New York 84 GreenspoonMarder This page was intentionally left blank. Besr Lawyers BEST lAWFIRMS ,. ßü tavt--t 2016 85 GreenspoonMarder Best Lawyers BEST LAW FIRMS f•@~tW.¢-1 2016 REUBEN M. SCHNEIDER Of Counsel Reuben M. Schneider is of counsel in Greenspoon Marder's Aventura office. He focuses his practice in all aspects of real estate law. Mr. Scheider is a Board Certified Real Estate Lawyer and has been called upon by other attorneys to serve as an expert witness in real estate matters. Mr. Schneider believes that it is very important to be a part of the community and, accordingly, he has been active with the Jewish Federation of Broward County and other charitable organizations. He was President of his condominium association and was Chairman of a Grievance Committee of The Florida Bar that oversees lawyers' activities. Bar Admissions • District of Columbia • Florida • New York Education • LL.M., Harvard Law School • J.D., University of Miami School of Law, cum laude • Editor-in-Chief, University of Miami Law Review • Wig and Robe, Law School Honor Society, Member • Phi Kappa Phi, Scholastic Honor Society • Iron Arrow, Leadership Honorary Society at UM • B.A., Economics, University of Miami • French Minor Recognitions • Rated AV® Preeminent™, Martindale-Hubbell Law Directory • South Florida's "Top Rated Lawyers," 2012 • Best Lawyers in America, US. News and World Report, 2013 - 2017 In the News • Twenty-Three Greenspoon Marder Attorneys Listed Among Best Lawyers in America in 2014 • Greenspoon Marder Attorneys Named Among The Best Lawyers in America® 2013 Other Languages • French • Spanish 86 GreenspoonMarder Reuben M. Schneider Member in Good Standing Eligible to Practice Law in Florida Bar Number: 71156 Mail Address: 3000 Island Blvd Apt 2006 A ventura, FL 33160-5602 United States Office: 305-937-0987 Fax: 305-935-4614 Email: RMS@gmlaw.com Personal Bar URL: www.floridabar.org/mybarprofile/71156 County: Miami-Dade Circuit: 11 Admitted: 11/01/1961 10-Year Discipline History: None Law School: University of Miami School of Law Best Lawyers" BEST LAW FIRMS jUd~t@.5t 2016 87 GreenspoonMdrder This page intentionally left blank. Best Lawyers- BEST LAW FIRMS j•~ .. ütW/t-.t 2016 88 GreenspoonMarder Best Lawyers BEST LAW FIRMS B''-"'ÜtW.?tt 2016 TINA GARCIA Associate Tina Garcia is an associate in Greenspoon Marder's Government Relations practice group. She focuses her practice on civil and commercial litigation. Prior to joining the firm, she practiced law in Washington, D.C. where she focused her practice on complex commercial litigation. Tina obtained both her B.S. in Finance with a concentration in Real Estate as well as her J.D. from the University of Florida's Levin College of Law. During law school, she received the book award for Constitutional Law and was an active member of the Federalist Society. Court Admissions • U.S. District Court, Southern District of Florida • U.S. District Court, Middle District of Florida Bar Admissions • District of Columbia • Florida Education • J.D., University of Florida Levin College of Law, 2011 • B.S. University of Florida, 2008 Professional Affiliations • The Florida Bar, Young Lawyers Division, Member • Hispanic Bar Association of the District of Columbia, Member • Women's Bar Association of the District of Columbia, Member Other Languages • Spanish 89 GreenspoonMarder Susana Cristina (Tina) Garcia Member in Good Standing Eligible to Practice Law in Florida Bar Number: 92259 Mail Address: Greenspoon Marder, P.A. 201 E Pine St, Suite 500 I Orlando, FL 32801-2718 USA Office: 407-425-6559 Fax: 407-563-9648 Email: tina.garcia@gmlaw.com Personal Bar URL: www.floridabar.org/mybarprofile/92259 County: Orange Circuit: 9 Admitted: 09/30/2011 1 O- Y ear Discipline History: None Sections: Young Lawyers Trial Lawyers Best Lawyers BEST LAW FIRMS jUfütª!3' 2016 90 GreenspoonMarder This page intentionally left blank. Best Lawyers' BEST LAW FIRMS j•m~tWJí.-1: 2016 91 GreenspoonMdrder Best Lawyers- BEST LAW FIRMS j1.M~t@t4.§t 2016 THU PHAM Associate Thu Pham, O.D. is an attorney in Greenspoon Marder's Government Relations practice group. She focuses her practice in local government law, health law, and general commercial matters for both the public and private sectors. Dr. Pham earned her Bachelor of Science degree from the University of Texas at Arlington, where she graduated summa cum laude. In May 2002, she received her Doctor of Optometry with honors from Nova Southeastern College of Optometry. In 2002, Dr. Pham opened her own optometry practice. She successfully ran her practice for 13 years until she graduated from law school. In May 2013, Dr. Pham graduated magna cum laudefrom Florida A&M University College of Law with her Juris Doctor. Dr. Pham enjoys sharing her knowledge and experience from both sides of the legal and health care spectrum. She regularly lectures and teaches continuing education classes to optometrists, opticians, and others involved in the field of eye care. Dr. Pham is an active member of The Florida Bar, Seminole County Bar Association, Orange County Bar Association, American Optometric Association and Florida Optometric Association. Bar Admissions • Florida Education • J.D., Florida A&M University College of Law, magna cum laude, 2013 • Doctor of Optometry, Nova Southeastern University, Honors, 2002 • B.S., University of Texas at Arlington, summa cum laude Professional Affiliations • Florida Bar Association, Member • Seminole County Bar Association, Member • Orange County Bar Association, Member • American Optometric Association, Member • Florida Optometric Association, Member Other Languages • Vietnamese 92 GreenspoonMarder Thu Pham Member in Good Standing Eligible to Practice Law in Florida Bar Number: 106586 Mail Address: Greenspoon Marder, P.A. 201 E Pine St, Suite 500 Orlando, FL 32801-2718 USA Office: 407-425-6559 Fax: 407-563-9648 Email: thu.pham@gmlaw.com Personal Bar URL: www .fl01idabar.org/mybarprofile/106586 County: Orange Circuit: 9 Admitted: 09/25/2013 10-Year Discipline History: None Sections: Young Lawyers Health Law Best Lawyers- BEST LAW FIRMS jl.ßüt@Jt:t 2016 93 GreenspoonMarder This page intentionally left blank. Besr Lawyers BEST LAW FIRMS j•@~@Vt-1: 2016 94 GreenspoonMdrder Best Lawyers BEST LAW FIRMS j•'-~~tW.¢-t 2016 AMY PITSCH Of Counsel Amy Pitsch is an attorney in the Government Relations practice group at Greenspoon Marder. She currently serves school board clients providing a wide array of legal services, including litigation defense, seminars for education professionals, labor relations, and exceptional student education services. Amy is admitted to practice in Florida state and federal courts and the U.S. Court of Appeals for the Eleventh Circuit. She earned her law degree from Florida State University and her bachelors from the University of Rochester in New York State. Court Admissions • U.S. Court of Appeals, Eleventh Circuit Bar Admissions • Florida Education • J.D., Florida State University, 2000 • B.A., University of Rochester Recognitions • Highest AV rating in Martindale-Hubbell for legal ability and ethics 95 GreenspoonMarder Amy J. Pitsch Member in Good Standing Eligible to Practice Law in Florida Bar Number: 338280 Mail Address: Greenspoon Marder, P.A. 201 E Pine St, Suite 500 Orlando, FL 32801-2718 USA Office: 407-692-9118 Fax: 407-244-8120 Email: Amy.Pitsch@gmlaw.com Personal Bar URL: www.floridabar.org/mybarprofile/338280 County: Orange Circuit: 9 Admitted: 09/15/2000 10-Year Discipline History: None Best Lawyers BEST LAW FIRMS ··-~-üi@.;t 2016 96 GreenspoonMarder This page intentionally left blank. Best Lawyers- BEST LAW FIRMS jl.@~tkft¢.-t 2016 97 GreenspoonMarder Best Lawyer; BEST lAWFIRMS jißütéR!t-t 2016 IV. CAP ABILITIES OF THE FIRM As previously stated under Firm Experience, the Firm has over 180 attorneys specializing in over 50 different areas of law. All Firm employees have remote access to its secured database, which is supported by a fully staffed IT Department. Additionally, the Firm has an extensive subscription to Westlaw which enables its employees to have access to endless research material. Finally, below is a table listing the Firm's South Florida offices to include the number of attorneys and staff working at each location. Office Location Attorneys Staff Aventura 1 - Boca Raton 19 22 Downtown Fort Lauderdale (headquarters) 74 127 Fort Lauderdale 12 157 Miami (Brickell) 16 34 Miami 1 1 Naples - 2 Orlando 18 62 Port St. Lucie 4 4 Tampa 6 6 West Palm Beach 11 29 V. CONFLICT OF INTEREST We are aware of no conflict of interest, business or legal, which would otherwise impair our ability to represent the City and its related and/or affiliated entities. The Firm does not anticipate any potential conflicts of interest or ethical considerations relating to representation of the City. To the best of our knowledge, the Firm currently has several pending matters before the City, to include: Walmart Stores East, LP; Anthony V. Pugliese companies / PREC; Thomas Laudani companies / Seaside Builders; and Rod Sheldon companies / BD Preferred. The Firm will make appropriate arrangements for these matters to be concluded, utilizing conflict counsel. The Firm has a sophisticated conflict avoidance system which will ensure that no future conflicts with the City will arise. 98 GreenspoonMarder Best Lawyers' BEST LAW FIRMS j•M~tiR!t-1: 2016 VI. PROVISION OF LEGAL SERVICES (RANGE, SCOPE, AND METHOD) AND ACCOMODATION OF EXISTING CITY ATTORNEY EMPLOYEES A. Range and Scope of Legal Services Provided The proposal for the provision of legal services is for there to be a contractual relationship between the City and the Firm. The Firm is a full-service law firm specializing in over 50 different areas of law. There is no area of typical local government law where some member of the Firm does not have experience. lt is contemplated that Mr. J. Geller and the attorneys within the Firm will provide all legal services to the City pursuant to the City's Charter and Code of Ordinances to include not only the items listed in Section 1(5) but also matters related to complex litigation, labor, bond counsel, and other specialized legal services such as bankruptcy, except as desired by the City or as otherwise may be necessary. B. Manner in Providing Legal Services In providing legal services, it is important to recognize that a City Attorney has many functions. The City Commission selects the City Attorney, and the City Attorney is primarily responsible for assisting the City Commission and its members in properly performing their duties and responsibilities to the citizens. At the same time, on a day-to-day basis, the City Attorney also represents the City Administration, headed by the City Manager. It is important that employees of the City, from the City Manager through to line service personnel, are provided with timely and accurate information as to their legal duties and responsibilities, so that those duties and responsibilities may be performed in an efficient, effective and legal manner. The City Attorney must be available to all of the officials and staff of the City to enable them to assist the citizens of the City in having government meet their needs. The City Attorney and the City Manager must have a collaborative relationship where both parties can rely upon each other to help the Mayor and City Commission achieve their goals for the City. Regular communication, consultation and trust are essential to this relationship. lt is important to remember that the role of the City Attorney, both in relationship to the City Manager and staff, and even more so in relationship to the Mayor and City Commission, is that of advisor and facilitator. While the City Manager is a decision-maker, in matters of administration, and the Mayor and City Commission are decision-makers, in deciding the policies which the City will follow and the goals it will seek to achieve on behalf of the citizens, the City Attorney is principally a counselor to the decision-makers, notwithstanding that he has some direct responsibility in the areas of his own authority. lt may be said that, while the decision- makers, the elected officials and City Manager (within his authority), decide what is to be done, the role of the City Attorney is to advise them on how to do what they want to do, both as to the dictates of the law and as to practical methods of achieving their goals. lt is not enough to identify potential problems; the City Attorney must be a proactive problem solver, identifying not just challenges, but specific methods of overcoming those problems to achieve the results that will allow the City to move forward. 99 GreenspoonMarder Best Lawyers" BEST LAW FIRMS •• m ~rnRtt-t 2016 The City Attorney must always be mindful that it is the Mayor and City Commissioners who have been selected by their neighbors to improve the quality of life of the citizens of the City. It is the Mayor and City Commissioners who have knocked on the doors and attended the citizen's forums and neighborhood meetings to learn what is on the minds of their fellow citizens. It is the Mayor and City Commissioners who have been entrusted by their neighbors with the responsibility of making decisions on difficult and complex issues which are vital to the future of the City. As someone who has sat on both sides of the dais, as attorney and as Mayor, the proposed lead counsel, Mr. J. Geller, is keenly aware of this division of authority, and of the responsibility of the City Attorney to assist the Mayor and City Commission in keeping their commitments to their fellow citizens, and in achieving their goals to make the great City of Delray Beach an even greater place to live, work and play. To that end, it is contemplated that Mr. J. Geller will attend substantially all City Commission meetings, all meetings as requested by the Mayor, City Commission and City Manager, and all such meetings and events as would normally be attended by a City Attorney for the good of the City. When Mr. J. Geller is unavailable, such as during a Legislative session, it is contemplated that Mr. S. Geller, Mr. Thomas Sliney, Mr. Larry Corman, or Ms. Amy Pitsch will attend the meetings in Mr. J. Geller's place. Additionally, Mr. J. Geller will perform the range of services as listed in Section 1(5) of the RFP, or will otherwise assign the work to an appropriate attorney at the Firm to handle. For specialized legal services currently being performed by outside counsel, at the option of the City, it is contemplated that this arrangement would be retained. Although the Firm, a full-service law firm, typically does not need to use special counsel, where existing special counsel are in place, it is often more economical to continue to use such counsel until the matters are concluded, since they are already familiar with the facts and history of the particular matters. However, as new matters arise, it is contemplated that the Firm will retain such work, unless requested otherwise by the City. C. Statement of Handling the Workload and the Priority Given to the City's Legal Needs The workload of the City will be handled promptly and efficiently, and given top priority by the Firm. Mr. J. Geller, the lead attorney, will be available by cell phone and iPad on a 24/7 basis in the event of an emergency, or if the need should arise. In the event of his absence, Mr. S. Geller will also be available to immediately assist the City. Alternative numbers will also be provided to the City for use as needed. Additionally, the Firm has a team of trial attorneys with extensive experience in successfully defending governmental entities in all types of claims such as those related to negligence, breach of contract, civil rights violation, eminent domain, violation of Chapter 119, land use, and police related matters, readily available to seamlessly assume the City's current litigation matters. D. Accommodation of Existing Employees Greenspoon Marder is prepared to provide continuous presence in the City's municipal office, and to that end, it is envisioned that the present legal staff currently employed by the City would be retained and remain employees of the City, providing legal services to the City on-site with Mr. J. Geller providing oversight. Alternatively, the current employees may become employees of 100 GreenspoonMarder Best Lawyers" BEST LAW FIRMS jl(..~~tW,!5* 2016 the Firm on comparable terms and with equivalent compensation. These employees would maintain offices on-site at the City, although the current employees will also have access to the Firm's Boca Raton or West Palm Beach office. Any of the options noted above are available to the City based upon the City's wishes and subject to negotiation. 101 GreenspoonMarder Best Lawyers- BEST LAW FIRMS •·'-~~taet;t 2016 VII. MALPRACTICE INSURANCE AND HOLD HARMLESS PROVISION Greenspoon Marder's Lawyers Professional Liability Insurance is written on the Aon Preferred Form. The specifics include the following: $15,000,000 per claim / $30,000,000 aggregate; Self Insured Retention $375,000 per claim/ $750,000 aggregate/ $100,000 per claim thereafter (after aggregate limit). Additional details are available upon request. Our Firm will hold harmless, indemnify and defend the City for losses, costs and expenses arising from any liability claims arising from the legal services agreement entered into between the Firm and the City. 102 GreenspoonMarder Best Lawyers- BEST LAW FIRMS •• ~ ~tfilit+tt 2016 VIII. PENDING LITIGATION AGAINST THE FIRM There is currently no pending litigation, claims, charges, or investigations against any of the attorneys assigned to represent the City. Additionally, there is no pending bar grievances, disciplinary actions or investigations, or other ethics actions or investigations against any attorney assigned to represent the City. 103 GreenspoonMarder Best Lawyers- BEST LAW FIRMS jtm~tW~:5* 2016 IX. FEE PROPOSAL Below is our fee proposal. We have included two billing options for the City to consider. We want to stress that as a Firm, we are confident that we will be able to provide quality legal service to the City in an efficient manner; therefore, we are very open and flexible to other billing options and will entertain reasonable negotiated requests. Option 1 Service Description of Services Fee All legal services as outlined in Monthly Retainer Exhibit A of the City of Delray Beach, $ 35,000 Per Month Florida, City Attorney Legal Services Agreement All legal services not included in Per Hour: Hourly Service Rate Exhibit A of the City of Delray Beach, $240- Shareholders/ Florida, City Attorney Legal Services Senior Attorneys Agreement $200- Associates $120.00- Paralegals Travel ( outside County) Travel to/from the Firm to the Travel time will be billed for City is included at no additional one-way trip at the hourly rate cost. Travel related to litigation noted above and mileage will be additional, but billed at reimbursement as provided by 50% of the hourly rate. the IRS. Standard copies 15 cents per single sided or 20 Out-of-Pocket cents per double sided Irregular copies such as blue prints Actual cost Other vendor costs such as Pass-through rate demonstratives, postage/ express delivery/courier, court reporter with no mark-up services, investigators, filing fees and fees Option 2 We will handle all matters, including litigation, except for bond and pension work, for a flat fee of One Million Dollars ($1,000,000). Fees to handle bond and pension matters will be negotiated separately. 104 GreenspoonM~rder Best Lawyers- BEST LAW FIRMS •• '-1 ~tiltttt 2016 Current Employees: The proposals noted above are based on the City retaining current employees of the City's Attorney's office and having Mr. J. Geller oversee their work. Additional negotiations will be necessary should the City wish to have the Firm engage those employees and relocate them to the Firm's Boca Raton or West Palm Beach office. As stated above, the fee proposals are subject to discussion and negotiation. 105 GreenspoonMdrder Best Lawyers- BEST lAWFIRMS jU .... ütfu,5' 2016 X. FORMS A. Form A: Proposal Submittal Signature Page By signing this Proposal, the Applicant certifies that it satisfies all legal requirements as an entity to do business with the City, including all Conflict of Interest and Code of Ethics provisions. The execution of this form constitutes the unequivocal offer of Applicant to be bound by the terms of its Proposal. By signing this document, the Applicant agrees to all terms and conditions of this RFP which includes the Sample Agreement and is prepared to sign the Agreement as written. Applicant understands that if it submits exceptions to the Agreement in its Proposal, Applicant rriay be determined non-responsive. Failure to sign and submit this form may render the Proposal non-responsive. Firm Name: Street Address: City, State, Zip Code: Telephone Number: Fax Number: Email Address: Federal Identification No.: Acknowledged by: Greenspoon Marder Greenspoon Marder 200 East Broward Boulevard, Suite 1800 Fort Lauderdale, Florida 33301 305-940-8440 954-331-2037 Joseph.Geller@gmlaw.com/Gerry.Greenspoon@gmlaw.com 59-2402121 Firm Name Signa~ q - 1. -t (t) Date Print Name and Title Gerald Greenspoon, Co-Managing Director 106 GreenspoonMarder Best Lawyers BEST LAW FIRMS jlkUIWJt:I: 2016 Form A - Signature Authority Indicate below Applicant's type of organization and provide the required documentation as applicable to demonstrate that the executor of Applicant's Proposal is duly authorized to execute on behalf of, and as the official act of, Applicant. Select Type of Organization Officer Who Signed Required Authorizing Proposal Submittal Documentation Signature Page Corporation President, Vice President, None or Chief Executive Officer ~ Corporation Director, Manager, or Corporate resolution other title Limited Liability Member Articles of Organization or Company (LLC) - Operating Agreement Member-Managed Limited Liability Manager Articles of Organization or Company (LLC) - Operating Agreement Manager-Managed Limited Partnership Document demonstrating the legal authority to bind Limited Partnership Partnership Partner None CEO, Director, Manager Authorizing documentation or other title Individual Individual None D Documentation is not required. ~ The required authorizing documentation is included with Proposal. 107 GreenspoonM~rder Best Lawyers' BEST LAW FIRMS ji@~rMtt 2016 D. Form B: Conflict of Interest Disclosure The purpose of this disclosure form is to give the City the information needed to identify potential conflicts of interest in the award of this contract. The term "conflict of interest" refers to situations in which financial or other personal considerations may adversely affect, or have the appearance of adversely affecting, an employee's professional judgment in exercising any City duty or responsibility in administration, management, instruction, research or other professional activities. Select the statement below which applies to Applicant and, if applicable attach supporting information. To the best of my/our knowledge, the undersigned has no conflict of interest as defined in Chapter 112, Florida Statutes and Section 2-443, Palm Beach County Code of Ordinances. D The undersigned individual/firm, by attachment to this form, submits information which may be a potential conflict of interest. Acknowledged by: Greenspoon Marder Firm Name Signature 9-1-/ (o Date Gerald Greenspoon, Co-Managing Director Print Name and Title 108 GreenspoonMarder Besr Lewyerr BEST LAW FIRMS jlJ:üt;!;t 2016 COMMITMENT TO DIVERSITY Greenspoon Marder is committed to increasing diversity in our firm based on the belief that it serves to enhance and complement our existing core strengths and values and further enhances our services to our clients. Our differences make us more unified and more resilient as a firm and more adaptable to and understanding of the varying needs of our customers and partners. Our firm supports a robust policy of equal employment opportunity, a plan that includes goals for diversity enhancement, and an aggressive anti-harassment policy. Greenspoon Marder endeavors to sustain a family focused and interconnected working environment, positive work/life balance, supports regular community outreach and also promotes diversity through partnerships with clients and other business and legal organizations. The firm's Diversity Committee ensures the continued development of programs and policies that maintain and support a diverse workforce including LOBT Initiatives. Also, as part of our firm's diversity initiative, Greenspoon Marder consistently reviews and adjusts its methods of outreach to ensure it attracts a diverse pool of legal and professional talent, which includes its outreach to law schools and prominence in publications that attract a diverse audience. In addition, Greenspoon Marder requires diversity training for all attorneys and staff, through the firm's Diversity Awareness Training and Mentoring program. Our Diversity Initiative is overseen by Evett Simmons, firm shareholder and Chief Diversity Officer, and a committee of firm shareholders and managers. As part of our steadfast commitment to diversity and the communities in which we live and operate, our firm founded the Greenspoon Marder Law Scholar annual scholarship program which provides financial assistance and the opportunity for a law clerk internship at the firm to deserving minority law students. The firm also sponsors annually the National Bar Association Crump Law Camp for minority high school students and the Evett L. Simmons Mock Trial Competition held during the National Bar Association's Annual Meeting. The top competitors win a variety of awards and prizes. 109 GreenspoonMarder Best Lawyers' BEST LAW FIRMS jißütk\i,5* 2016 COMMITMENT TO BUSINESS AND COMMUNITY At Greenspoon Marder, we believe that our attorneys and staff are our most valuable assets and our achievements begin with their success. Our firm and attorneys not only take pride in a solid reputation locally and nationally, but we are proud of the extensive philanthropic work we are committed to in our communities. For more than 35 years, Greenspoon Marder has called Florida home, and we owe that honor to our clients, colleagues, friends and families. Without their unwavering trust and confidence, we would not be where we are today. Our firm's footprint has now grown throughout the United States. We continue to be passionate about giving back to the charities, communities and business organizations within which our clients, attorneys, and staff are committed. 11 O GreenspoonMarder Best Lawyers BEST lAWFIRMS Select List of business and community organizations our firm is regularly involved in: . Airpower Foundation • Indian American Chamber of Commerce • American Bar Association . Jewish Federation . American Heart Association . Joe DiMaggio Children's Hospital Foundation . American Inns of Court . Junior Achievement of South Florida . American Planning Association . Juvenile Diabetes Research Foundation • ARC Broward • Kids Can Foundation . ARDA (American Resort Development Association) . Leadership Broward Foundation • Asian American Chamber of Commerce . Legal Aid Society of Palm Beach County . Association for Women Lawyers . MADO (Mothers Against Drunk Driving) • BAS.E. Camp Childhood Cancer Foundation • March of Dimes • Broward County Bar Association . Miami Beach Bar Association . Broward County Justice Association . Miami Bridge Youth & Family Services • Business Development Board of Palm Beach County • Memorial Hospital Foundation . Boys & Girls Club . Mesothelioma Research Foundation . Broward Performing Arts Foundation . NABL (National Association of Bond Lawyers) . CAC2 (Coalition Against Childhood Cancer) . NALCP (National Association of Licensing and Compliance . CABA (Cuban American Bar Association) Professionals) . GAJE (Central Agency for Jewish Education) of Broward . NAIOP (Commercial Real Estate Development County Association) Canine Companions for Independence . National Bar Association • Central Florida Association of Women Lawyers . National Multiple Sclerosis Society . Chamber of Commerce of the Palm Beaches . Northern Palm Beach County Chamber of Commerce • City of Boca Raton Education Advisory Board • Orlando Economic Development Commission • Club Manager's Association of America - Florida Chapter . Palm Beach County Bar Association . Collaborative Family Lawyers of South Florida, Inc. . PACE (Professional Association for Customer . CREW (Commercial Real Estate Women Engagement) . Cystic Fibrosis Foundation • Palm Beach Chamber of Commerce . Dade County Bar Association . Port St. Lucie Bar Association • Dan Marino Foundation . Project Give Kids . Debbie's Dream Foundation • Runway to Hope • Dr. Phillips Performing Arts Center • Ruth Raies Jewish Family Services of South Palm Beach • Florida Bar Foundation County . Florida Diversity Council . Second Harvest Food Bank • Florida Justice Association . SOIC (Shared Ownership Investment Conference) . Florida School Board Attorneys Association . South Florida Veterinary Foundation . Florida State Hispanic Chamber of Commerce . South Palm Beach Bar Association . Greater Boca Raton Chamber of Commerce • Southern Trial Lawyers Association . Greater Fort Lauderdale Alliance . Sunny Shores Sea Camp, Inc. . Greater Fort Lauderdale Chamber of Commerce . St. Lucie Chamber of Commerce . Haili Cherie Heritage Foundation . T.J. Reddick Bar Association • Here's Help . The Women's Fund . Holocaust Documentation and Education Center . United Way of Broward County Tocqueville Society . Home Safe • VCARD (Volusia County Association of Responsible . Housing Leadership Council of Palm Beach County Development . I Care I Cure Childhood Cancer Foundation . VPA (Vehicle Protection Association) • ICSC (International Council of Shopping Centers) • YAA (Young At Art Museum) 111 GreenspoonMarder Best Lawyers BEST lAWFIRMS •·™~ tatti: 2016 GREENSPOON MARDER FOUNDATION MISSION STATEMENT At Greenspoon Marder, we believe that it is our responsibility to make a positive impact on the communities in which we live and work. The Greenspoon Marder Foundation allows us to accomplish that objective by supporting charitable organizations which are dedicated to fostering initiatives to sustain our communities and providing resources to improve lives. WHO WEARE When Greenspoon Marder was founded in 1981, co-founders Gerald Greenspoon and Michael Marder set out to earn the reputation as being valued legal and business advisors who provide legal representation to businesses and individuals who want effective representation delivered with a personal touch. It is this same personal touch that inspired us to become more involved with our community and local charities. That is why in December of 2012, we launched the Greenspoon Marder Foundation, a non- profit organization that is dedicated to supporting charitable organizations that work to sustain our communities and provide resources to improve the lives of those in need. The Greenspoon Marder Foundation is a tax-exempt, non-profit organization under Internal Revenue Code Sections 50l(c) (3) and is located and operates within the state of Florida. Our involvement with numerous community service organizations and our support of local business leaders allows us to extend our reach in the communities where we live, work and serve our clients. Greenspoon Marder is proud of our work with organizations such as the Dan Marino Foundation, Junior Achievement, and Chris Evert Charities, and it is through our work with them, that we are able to give back to those in need. As the Greenspoon Marder Foundation grows, we hope to enhance these relationships and build new ones that will help champion our mission. Working together to form partnerships that make a di ff eren ce for all! 112 WRITTEN CONSENT OF VOTING DIRECTORS OF GREENSPOON MARDER, P.A. The following resolutions are adopted by the written consent of the Board of Directors of Greenspoon Marder, P.A., a Florida professional corporation (the "Company"), consistent with the Articles of Incorporation, Bylaws and Shareholder Agreement of the Company, and the general corporate laws of the State of Florida: WHEREAS, the Company desires to provide legal services to the City of Delray Beach through persons licensed to provide legal services in the state of Florida; and WHEREAS, in connection therewith, the Company is required to submit a Response to the Request for Proposal for Attorney Legal Services to the City of Delray Beach; and WHEREAS, in furtherance thereof, the undersigned being a majority of the voting Directors of the Company believe it is in the best interest of the Company to be engaged by to the City of Delray Beach in furtherance of the Response to the Request for Proposal for Attorney Legal Services attached hereto as Exhibit "A". THEREFORE, BE IT: RESOL VED, the Com pan y is hereby authorized to submit the Response to the Request for Proposal for Attorney Legal Services attached hereto as Exhibit "A" (the "Response") and provide legal services to the City of Delray in accordance therewith; FURTHER RESOLVED, that Gerald Greenspoon, as President of the Company, and/or Michael Marder, as Vice-President of the Company, is hereby authorized to execute and deliver the Response on behalf of the Company. This Written Consent may be executed in one or more counterparts, all of which taken together shall be deemed one original. This Written Consent may be executed by facsimile transmission and such facsimile signatures shall be deemed to be original signatures for all purposes These resolutions are effective as of the"']_ day of September, Ger~ 00154.0161.27688843.Written Consent of Voting Directors-RFP City of Delray Best Lawyers- BEST LAW FIRMS ,.~~¡~ 2016 EXHIBIT "A" Response to the Request for Proposal for Attorney Legal Services to the City of Delray Beach (See Attached) 114