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Item 14 Review and Request Direction on Procurement of City Attorney Services
Meeting Date: July 18, 2023 Item #: 14 Contact Name: Craig Shadrix Department Director: Craig Shadrix Contact Number: Ext. 6434 City Manager: Robert Frank Background Summary: On May 28, 2023, the City issued a Request for Letters of Interest for City Attorney Services, advertised in local publications and several popular legal publications. The responses were due and were opened on June 27, 2023 at 2:00 p.m., with a total of two firms responding: • Fishback Dominick • Shepard, Smith, Kohlmyer & Hand, P.A. Due to the small number of respondents, the City Commission has numerous options, and staff requests procedural direction on the remaining process. Attached for review are the original solicitation, one addendum, and the responses of the two qualifying firms. Issue: Discussion and Direction on proceeding with procurement for City Attorney Services. Recommendations: Staff requests direction from the City Commission on proceeding with selection of a qualified firm for City Attorney Services. Attachments: 1. RLI #23-007 City Attorney Services 2. RLI #23-007 Addendum to City Attorney Services 3. SSKH Response Package 4. Fishback Dominick Response Package Financial Impacts: City Attorney Services are a regular budgeted item; once a firm is selected and agreement reached, the City's proposed budget would reflect an amount commensurate with the agreement and projected legal needs. Type of Item: Regular City •-- • i Avenue - Ocoee, • •a 34761 • - (4 9 i0 • •-- a • Page 121 of 199 P� " QUEST Ocoee Page 122 of 199 Request for Letters of Interest, Legal Advertisement The City of Ocoee, Florida, (the "City") is soliciting letters of interest for the following services: RLI #23-007 City Attorney Services. Letters of Interest will only be accepted electronically through Bonfire, a free e-Procurement platform, until 2:00 pm, local time, on June 27, 2023. Letters of Interest received after that time or through any other method will not be accepted under any circumstances. Sealed Letters of Interest that have been timely received will be publicly opened virtually online and the names of the responding firms read aloud at that time; instructions will be provided at https://www.ocoee.org/959/Public-Bid-Meetings. All questions regarding this RLI shall be in writing to Shannon Hopper, Purchasing Technician, Finance Department/Purchasing shopperg/ocoee.org. Prospective respondents may secure a copy of the documents required for submitting a Letter of Interest at no charge through Bonfire by accessing the City's published solicitation page at https.-//ocoee.bonfirehub.com. For more information, visit https://www.ocoee.org/323/Purchasing. Prospective respondents will be provided with all information regarding this RLI, addenda, and changes to the project requirements through the Bonfire e-Procurement Platform. Melanie Sibbitt, City Clerk, Orlando Sentinel, May 28, 2023. RLI #23-007 — City Attorney Services Page 2 of 8 Page 123 of 199 CITY OF OCOEE REQUEST FOR LETTERS OF INTEREST "RLI" #23-007 CITY ATTORNEY SERVICES A. INTRODUCTION AND GENERAL INSTRUCTIONS 1. The City of Ocoee is accepting sealed responses from qualified firms or individuals for City Attorney services to provide comprehensive legal representation for the City of Ocoee, Mayor and City Commissioners, Administrative Staff, and the Citizen Boards and Committees. 2. The City of Ocoee is located approximately 14 miles west of Orlando. Ocoee is ideally located at the juncture of State Road 50, the Florida Turnpike, the East West Expressway (SR 408) and the Western Expressway (SR 429) providing easy access to downtown Orlando, Northern Orange County and several tourist destinations. Ocoee has a population of 49,221 residents. The City operates under a commission/manager form of government. The commission, comprised of the Mayor and four commissioners elected for a four-year term, have legislative authority and are responsible for policy making. The City Manager is responsible for enacting the policies and ordinances approved by the Commission and managing the day to day operations of the City. Department Directors report directly to the City Manager. The City Attorney reports directly to the City Commission but works closely with the City Manager. Municipal services provided by the city include: police and fire protection, park facilities, recreational activities and facilities, code enforcement, water and wastewater services, stormwater management, and solid waste collection and disposal. Additionally, the city constructs and maintains streets, sidewalks, and infrastructure. The city has a staff of 434 full time and 47 part time employees. The City's adopted budget for fiscal year 2023 is $111.6 million. The chart below provides a three- year history of City Attorney legal expenses. of Billi Development and Land Use Services * $ 36,407 $ 40,203 $ 29,039 General Government Matters 146,091 138,453 125,444 Total Billed $ 182,498 $ 178,656 $ 154,483 General Government Matters and related City Matters are billed at reduced negotiated rates. *Development and Land Use Billings are for services related to plan review and other development services. They are billed to and paid by the City which is then reimbursed by the Developer. [See Land Development Code Section 1-12.] These "Charge Back Billings" have historically been billed at a higher rate than the billings for General Government Matters. RLI #23-007 — City Attorney Services Page 3 of 8 Page 124 of 199 3. The City ONLY accepts electronic solicitation responses submitted online through the City's Bonfire e-procurement platform. The City's published solicitation page can be accessed on Bonfire at https://ocoee.bonfirehub.coin. Registration with Bonfire is free and is required in order to submit a response to this RLI. Prospective Respondents can secure a free copy of the solicitation documents and will be provided with all information regarding this RLI, addendums, and changes to the requirements through the Bonfire platform; there is no charge to use Bonfire. All submissions for this RLI MUST be submitted electronically through the Bonfire Platform. Submissions received in any other format will not be accepted; paper, fax, or e-mailed submissions will NOT be accepted. Minimum system requirements: Microsoft Edge, Google Chrome, Safari, or Mozilla Firefox. JavaScript and browser cookies must be enabled. 4. Responses to this RLI must be received by Bonfire no later than 2:00 p.m., local time, on June 27, 2023. Any response received after the above -noted time will not be accepted under any circumstances. Any uncertainty regarding the time a response is received will be resolved against the Respondent. It shall be the sole responsibility of the Respondent to have its response uploaded and submitted on the Bonfire Platform prior to the due date and time. All expenses for providing letters of interest to the City shall be borne by the respondent. A virtual public bid opening will be held on the above date and time and the names of the responding firms read aloud at that time. Details on how to access the virtual bid opening will be posted on Bonfire and City's website at https://www.ocoee.org/959/Public-Bid-Meetings once available. File Uploads — Submission materials should be prepared in the file formats listed under Requested Information for this opportunity in the Bonfire Platform. The maximum upload file size is 1000 MB. Documents should not be embedded within uploaded files, as the embedded files will not be accessible or evaluated. All electronic files uploaded must be in a common format accessible by software programs the City uses. Those common formats are generally described as Microsoft Word (loe or .docx), Microsoft Excel (.xls or .xlsx), Microsoft Power Point (.ppt or pptx), or Adobe Portable Document Format (.pdf). Respondents will not secure, password protect or lock uploaded files; the City must be able to open and view the contents of the file. Respondents will not disable or restrict the ability of the City to print the contents of an uploaded file. Scanned documents or images must be of sufficient quality, no less than 150 dpi, to allow for reading or interpreting the words, drawings, images or sketches. The City may disqualify any Submittal Response that does not meet the criteria stated in this paragraph. 5. The City will receive questions regarding the RLI only through written inquiries emailed to Shannon Hopper, Purchasing Technician at shopper ,ocoee.org. The deadline for receipt of written inquiries is 2:00 p.m., local time, on June 20, 2023. Any clarifications/changes will be made by way of written addenda issued by the Purchasing Technician and posted on Bonfire. 6. The City reserves the right to award a contract to the Respondent which it deems to be in the best interest of the City. The City is therefore not bound to accept a response on the basis of lowest quoted price alone and further reserves the right to reject any RLI #23-007 — City Attorney Services Page 4 of 8 Page 125 of 199 and all responses if it is deemed to be in the City's best interest to do so. The City Commission and City Staff may interview Respondents. The City Commission's decision shall be final. 7. The selected law finn will be required to enter into a contract with the City for the provision of legal services as City Attorney, and it is anticipated for these services to begin on or around August 1, 2023. 117�/IBIII 09we a1►`11Mt''lOki 80]7►S1,11% Tab 1. Title Page/Cover Letter/Table of Contents Title Page shall show the request for letters of interest subject, title and request number; the firm's name; the name, address and telephone number of a contact person; and the date of the response. The response shall contain a cover letter signed by a person who is authorized to commit the Respondent to perform the work included in the response, and should identify all materials and enclosures being forwarded in response to the RLI. The Table of Contents shall provide listing of all major topics, their associated section number, and starting page. This section shall also include: Name of attorney and law firm; date firm established; locations of all offices and dates established. The cover letter should indicate the name of the attorney who will be designated as the "City Attorney" and have primary responsibility for managing the relationship with the City. Tab 2. Experience of the law firm Provide background information regarding the law firm and its areas of practice. Include specific information regarding expertise of law firm in local government law and other practice areas included within the Scope of Services. Provide a list of all governmental clients that the law firm has represented within the past five (5) years and describe the services provided to these governmental clients. Include a contact name, phone number, for each such governmental client. List all judgments or lawsuits in the last five (5) years against each attorney that would represent the City, including the nature of the lawsuit and the resolution thereof. Provide information regarding the law firm's malpractice insurance coverage, including the amounts of such coverage. [Note: The selected firm will be required to provide evidence of malpractice insurance coverage.] List all lobbyists employed by your firm and the areas in which they lobby. Tab 3. Experience of Attorneys Provide the name and biographical sketch of the attorney who will be assigned as City Attorney for the City of Ocoee. The City Attorney shall be Board Certified as a municipal attorney (City, County, and Local Government Law) and have a minimum of RLI #23-007 — City Attorney Services Page 5 of 8 Page 126 of 199 five (5) years local government experience as an attorney. Provide the total number years of experience as a local government attorney. Provide the names and resumes of all other attorneys who will assist in providing legal services to the City and who may attend any of the City Commission or other meetings. For each attorney provide the number of years legal experience in local government; whether the attorney is Board Certified in city, county, and local government law; the attorney's professional ratings and/or recognition in the legal community for professional achievement (e.g. Martindale -Hubbell ratings); recognition or extraordinary participation in Florida Bar, Federal Bar, American Bar Association, local bar associations, professional practices committees, or ratings by other nationally recognized systems. Tab 4. Fee Proposal The firm or attorney shall submit a proposal for compensation which should include, but is not limited to, an hourly rate option, a monthly retainer fee option, or a combination of these options or other alternative fee proposals. The hourly rate option is mandatory and may indicate different hourly rates for general government services and development and land use services which are charged back by the City to developers. Indicate if different rates are charged for litigation services or for services as issuer's counsel in bond transactions. Tab 5. Conflicts of Interest. Indentify any clients that have matters currently pending before the City and whether the law firm is representing those clients in the specific matters. Identify any conflicts of interest which would preclude the law firm from representing the City with respect to specific clients or matters. The City Attorney is required to file financial disclosure and is subject to the applicable provisions of Part III of Chapter 112, Florida Statutes. Specific attention is directed to Section 112.313(16), Florida Statutes, regarding local government attorneys. Compliance with this section will be required in accordance with. Florida law. Tab 6. References. Provide a list of 3 to 5 references, including the phone number of each reference. C. SCOPE OF SERVICES City of Ocoee Charter C-26. - City Attorney. There shall be a City Attorney who shall be appointed by a majority of all members of the City Commission. The City Attorney shall act as the attorney and counselor for the city. The City Attorney shall prepare and/or review as to form and legality all contracts, agreements, bonds and other written instruments to which the city is a party. When required to do so, the City Attorney shall prosecute and defend for and in behalf of the city all complaints, suits and controversies in which the city is a parry. The City Attorney shall furnish to the City Commission and the City Manager an opinion on any question of law affecting the city and shall perform such other professional duties as may be consistent RLI #23-007 — City Attorney Services Page 6 of 8 Page 127 of 199 with this Charter and required by ordinance or resolution of the City Commission, prescribed for City Attorneys under the laws of Florida or otherwise requested by the City Commission or the City Manager. The City Attorney shall be a lawyer admitted in and having authority to practice in all courts of the State of Florida. The City Attorney may also serve as City Prosecutor, subject to the approval of the City Commission, and may appoint such Assistant City Attorneys as the City Attorney deems necessary. Upon recommendation of the City Attorney or the City Manager, the City Commission may retain special legal counsel to represent the city. Upon request by any board, commission or committee of the city, the City Commission or the City Manager shall appoint an attorney to assist such board, commission or committee. Upon the request of the City Commission or the City Manager, the City Attorney shall provide assistance to any board, commission or committee of the city. Primary Duties I. The City Attorney plans, coordinates and directs the legal activities of the City. Work duties require close coordination with the City Commission, officials from other governmental units, and the City Manager. 2. The function involves primary responsibility for performing legal research, preparing opinions, advising City officials, and conducting complex civil suits. 3. The City Attorney shall serve as chief legal advisor to the City Commission, City Manager, and all City departments. 4. The City Attorney shall represent the City in most legal matters, including the bringing and defending of suits. Please note the City has insurance coverage which provides legal counsel for all covered lawsuits in which the City is named as defendant. The City Attorney is also the Issuers Counsel on bond issues. The City currently outsources the following legal services: Labor, Jeffrey Mandel, Esq. of Fisher & Phillips LLC; Eminent Domain, Mary Solik, Esq. of Doty Solik Law, P.A.; Bond Counsel, Grace Dunlap, Esq. of Bryant, Miller & Olive, P.A.; and Red-light Hearings, Erin De Young, Esq. of DeYoung Law Firm. The City Attorney is currently not responsible for these services; however, future negotiations with the selected City Attorney may include the addition of one or more of these disciplines, depending on experience of the selected firm. 5. Attends all meetings and special sessions of the City Commission, CRA Board, and Planning and Zoning Commission. The City Commission's regular meetings are held on the first and third Tuesday evenings each month. Each meeting lasts approximately one (1) hour to three (3) hours. Some meetings may occasionally last longer. The CRA Board meetings occur four times per fiscal year and are held on Tuesdays immediately before the City Commission meeting. The Planning and Zoning Commission meets the second Tuesday of each month. 6. Drafts contracts, resolutions and ordinances at the request of the City Commission and the City Manager. PLI #23-007 — City Attorney Services Page 7 of 8 Page 128 of 199 7. The City Attorney shall review and approve all contracts, resolutions, and ordinances generated by City staff prior to consideration by the City Commission. 8. Keep the City Commission and City Manager informed of legislation or judicial opinions that have potential impact to the City. 9. Typically meets with the City Manager and staff for an entire day once or twice each month to provide legal guidance and instruction on various projects, programs and issues requiring legal assistance. 10. The contract with the City Attorney will be with the City Attorney's law firm and will expressly authorize the use of the law firm (and attorneys with such firm) of the City Attorney to complete legal services for the City. 11. Existing Files The City Attorney will be responsible for coordinating with the prior City Attorney on receiving and storing all legal files relating to City matters being held by the prior City Attorney. It is anticipated that the transfer of files would occur within thirty (30) days of commencement as City Attorney. END INSTRUCTIONS RLI #23-007 — City Attorney Services Page 8 of 8 Page 129 of 199 June 21, 2023 oco(-e f I o r i d a ADDENDUM NO. ONE (1) CITY OF OCOEE RLI #23-007 CITY ATTORNEY SERVICES Commissioners Scott R. Kennedy, District 1 Rosemary Wilsen, District 2 Richard Firstner, District 3 Ages Hart, District 4 This addendum consists of nine (9) pages, including attachments, and shall modify and become a part of the original RLI Documents for City Attorney Services. The RLI due date remains the same. Answers to questions received and/or clarification to the RLI Documents are as follows: Q1. What are the current City Attorney's current hourly rates for "General Government Matters" and for "Development and Land Use Services", as referenced in the table at the bottom of Page 3 of the RLI? If any portion of such services are provided on a fixed fee basis, or basis other than hourly billing, please specify. Al. All billing is on an hourly basis at $225/hour (partners), $180/hour (associates), and $90/hour (paralegals) for general government matters; and $295/hour (partners), $225/hour (associates), and $100/hour (paralegals) for development and land use services. Q2. If the current City Attorney's rates were different in 2022, 2021, or 2020, can you please provide those prior rates and when they changed? A2. The hourly rates have not changed during the indicated period of time. Q3. Can you please provide a copy of the current City Attorney's current written agreement for legal services with the City? A3. See attached contract. Shannon Hopper Purchasing Technician Please acknowledge this addendum by completing the section below and including with your response. Respondent: Signature: Name: Title Page 130 of 199 This AGREEMENT is entered into this day • January, 2012, between the CIT" OF OCOEE, FLORIDA, • mailing address is 150 N. Lakeshore Drive, Ocoee, Flori• 34761 (hereinafter referred to as the "City"), and SHUFFIELD, LOWMAN & WILSON, P. whose mailing address is 1000 Legion Place, Suite 1700, Orlando, Florida 32801 (P.O. B 1010, Orlando, FL 32802-1010) (hereinafter referred to as the "Firm"). WITNESSETH: 4825-6360-9357.3 REVISED January 11, 2012 Page 131 of 199 b. The City Attorney shall be responsible for performing legal researc preparing opinions and advising City officials. C. The City Attorney shall serve as chief legal advisor to the Ci Commission, City Manager, and all City departments. d. The City Attorney shafl represent the City in most legal matters, includi the bringing and defending of suits. However, the City has insurance coverage which provi legal counsel for all covered lawsuits in which the City is named as defendant. I f. The City currently outsources the following legal services: Labor Attorney, Eminent Domain Attorney, Code Enforcement Board Attorney, Police Infraction Board Attorney, Bond Counsel, Police Legal Advisor and Lobbying Services. The City Attorney is not responsible for these services; however, one or more of these services may be added to the City Attorney responsibilities by the City Manager in his discretion. 9. The City Attorney shall attend all regular and special meetings of the City Commission. The City Attorney shall not attend workshop or budget sessions of the City Commission unless specifically requested by the City Commission and/or City Manager. h. The City Attorney shall attend meetings of the Planning and Zoning Commission and Board of Zoning Adjustments, as requested by the City Manger. i. The City Attorney shall draft contracts, developer agreements, resolutions and ordinances at the request of the City Commission and/or the City Manager. j. The City Attorney shall review and approve all contracts, resolutions, and ordinances generated by City staff prior to consideration by the City Commission. k. The City Attorney shall keep the City Commission and City Manager informed of legislation or judicial opinions that have potential impact to the City. 1. The City Attorney shall be available to meet with the City Manager and staff for an entire day, or portion thereof, once or twice each month to provide legal guidance and instruction on various projects, programs and issues requiring legal assistance. 4. The designated City Attorney, or other attorneys, paralegals or law clerks in the Finn ' sh�oill Ner—form the dutii.-s designated to the Citp Attorncyj as set forth in Section C-26 of the Ocoee City Charter as set forth below: C-26. There shall be a City Attorney who shall be appointed by a majority of all members of the City Commission. The City Attorney shall act as the attorney and counselor for the city. The City Attorney shall prepare and/or review as to form and legality all contracts, agreements, bonds and other written instruments to which the city is ?. party. When required to do so, the City Attorney shall prosecute and defend for and in behalf of the city all complaints, suits and controversies in which the city is a party. Thiz N Page 132 of 199 • t • i i • t N ty + - + • of any boaM, wlitiIiissiPh or coitmitiee• fthe city. 4825-6360-9357.3 Page 133 of 199 Ei Page 134 of 199 I a I oil application to any circumstances shall be deemed invalid or unentorceable, the remaiffd--e-r—ofTfffs- Agreement shall be valid and enforceable to the fullest extent permitted by law. • 21. This Agreement shall be governed by and construed under the laws of the State of Florida. k, Page 135 of 199 IN WITNESS WHEREOF, © City and Firm have executed this Agreement as of the date first written above. 0:tlj� 31:441,11111151 1111111 ill! ,� ill: 1II11:1111 I FIN 6 1■*3 enberM y C (SEAL) ±+ »)M S. Scott Vandergrit M& <w FOR USE AND RELIANCE ONLY BY APPROVED BY THE OCOEE CITY THE CITY OF OCOEE, FLORIDA; COMMISSION ON Jaituaa 111012 APPROVED AS TO FORM AND UNDER AGENDA ITEM NO. - LEGALITY this 17th day of January, 2012. ms M r Page 136 of 199 ega Partner L I Work Associate Paralegal/Law F Level Rate Level Rate Clerk Rate General Municipal W 0 r"(includi DrIk $180/hour and negotiating agreements, draffing ordinances and amendments to the code, attending staff and public meetifigsi serving as issuW� counsel on bond trahsa�fibts, code enforcement matters, general planning and development matters, litigation and contracting matters) Development and Land Use Matters (matters $295/hour $225/hour m $1 00/hour subject to reimbursement by the developer pursuant to Section 1- 12 of the Land Develo Ment Code) H .0 1 Page 137 of 199 wa< « w + +\\ -:+<>NEalm William R. Lowman Founder ad Managing Partner ShuffieldLowman Gateway Center 1000L>»» Place Suite }200 Orlando, FL 2801 Phone: 07-581.9+# »_« +07 ?$< 980 .m y» vlowMan0shUffieldlow?:_» »,«: ShuffieldLowman Y d + »r \ y d i I I Page13 G 199 CITY OF OCOEE REQUEST FOR LETTERS OF INTEREST (RLI) # 23-007 SHEPARD, SMITH, KOHLMYER, & HAND, P.A. Submitted by: D. Andrew Smith, III 2300 Maitland Center Pkwy, Suite 100 Maitland, Florida 32751 (407) 622-1772 ext. 102 dsmith@shepardfirm.com Submitted on: June 26, 2023 via Bonfire Page 139 of 199 Table of Contents Tab 1: Cover Page and Introductory Materials CoverLetter..................................................................... pg. 03 Tab 2: Experience of the Law Firm Expertise of the Law Firm .................................................... pg. 05 List of All Governmental Clients Represented in Past Five Years .... pg. 07 List of All Judgments or Lawsuits in the Last Five Years ............... pg. 09 Information Regarding the Firm's Malpractice Insurance ............. pg. 10 List of All Lobbyists Employed by the Firm ............................... pg. 11 Tab 3: Experience of the Attorneys Biographical Sketch of Attorney to be Assigned as City Attorney ..... pg. 12 Introductory Statement ................................................ pg. 12 D. Andrew Smith, III ................................................... pg. 13 AndrewJ. Hand ......................................................... pg. 14 Resumes of All Attorneys Who Will Assist in Providing Legal Services D. Andrew Smith, III ................................................... pg. 16 AndrewJ. Hand ......................................................... pg. 18 Clifford B. Shepard ..................................................... pg. 20 Patrick Brackins......................................................... pg. 22 RyanKnight.............................................................. pg. 24 Tab 4: Fee Proposal....................................................................... pg. 26 Tab 5. Conflicts of Interest Statement ................................................. pg. 27 Tab6. References.......................................................................... pg. 28 z Page 140 of 199 SHEPARD, SMITH, XOHLMYER ft HAND, RA, ATTORNEYS 6 COUNSELORS AT LAW SHEPARDFIRM.COM June 26, 2023 RE: City of Ocoee Request for Letters of Interest (RLI #23-007) City Attorney Services Dear Mayor and Commissioners: I am pleased to respond to the City of Ocoee's Request for Letters of Interest for City Attorney Services on behalf of our firm. Shepard, Smith, Koh1myer & Hand, P.A. devotes the bulk of its legal practice to local government law. All of the firrn's shareholders in the local government practice group have earned Board Certification in City, County and Local Government Law from The Florida Bar and our attorneys have collective public sector legal experience of approximately eighty-seven (87) years of practice. Our firm has its origins in 2002, when Clifford Shepard and myself began to focus our practice on local government law. Over the years, we have worked diligently to associate ourselves with lawyers possessing the right knowledge, skills, intellectual curiosity, and demeanor to best assist our governmental clients in the ever -evolving landscape of local government law. The current iteration of our firm was founded in 2008 when Mr. Shepard, Virginia Cassady, and myself, having all achieved Board Certification in local government law, amicably left the firm we were with to create a new firm with the specific local government focus we now have. All of our attorneys operate out of our office located in Maitland, Florida. Currently, we serve as general counsel to nine central Florida municipalities, one housing authority, a hospital board, and as special counsel to over a dozen other cities, towns, counties, municipal boards, and community redevelopment agencies. In addition, our firm serves as general counsel to the Florida Redevelopment Association and has served as special counsel to the League of Cities. As you are no doubt aware, a practice in local government law is broad and varied. Representative matters we assist our clients with include: ordinance drafting, agreement and legal instrument drafting, representing municipalities in bond issues, community redevelopment matters, police matters, collective bargaining negotiation, sunshine law and public records education and . I I - * I., Ism Page 141 of 199 compliance, personnel matters, utilities matters, charter review, code enforcement, land use, litigation (prosecution and defense) and appeal, intergovemmental disputes and negotiations, and election related matters. One never becomes bored in local government law. We understand how critical it is for a law firm to provide prompt and effective legal advice to municipal policy makers. We pride ourselves on our ability to conimurricate in a way that gives our clients confidence. The first step of that is to listen. One has to understand the values, goals, and objectives of the communities one serves. Every city we represent is unique. Every elected and appointed official is unique. Every city staffer, every business owner., and every resident is Lmique. We do our best work when we listen to those unique voices and help our clients recognize, explore, and strengthen the points of commonality. That said, our role is never to insinuate ourselves into policy. We advise policy makers on the law, the legal implications of potential decisions, and the possible paths toward achieving the jurisdiction's goals; we do not attempt tothrust our policy judgments upon those who have been elected by their communities to make those determinations. By doing these two things, listening and remembering our role, while always striving to provide the best legal counsel we can, we have established long relationships with any of the local governments we have served. As a case in point, the very first local government client represented by Mr. Shepard and myself was the City of Maitland. That representation began over twenty years ago and Maitland is still our client today. We focus in this field of local government because we truly have a passion for the communities we represent and all the people that dedicate their time, attention, and energy to making their communities better. There are any long days and late nights in this practice. At the end of each day, though, it is the people who are there with us and the things we accomplish together as a team that make this field of practice so rewarding. We all consider ourselves lucky to do something we love. We appreciate this opportunity to introduce ourselves to you and your tearer. It is important for a city to select a firm that will fit with that city's needs and culture. We are selective in the requests we respond to and only do so when we believe we will be a great fit. Accordingly, we have submitted this material because we think we can have a long and mutually fulfilling relationship with the City of Ocoee. The ultimate decision, of course, is yours and, for that reason, our primary goal here is to present a clear and honest picture of our firm, our lawyers, and our background. We want to let you get to know us so that you can decide whether we will be the right fit for your community. Thank you for your time and consideration and all that you do. Very truly yours, D. Andrew Smith, III Shepard, Smith, Kohlmyer & and, P.A. Page 142 of 199 Expertise of the Law Firm Shepard, Smith, Kohlmyer & Hand, P.A. is a full -service commercial law firm with a specialty in local government law. The firm currently represents the Cities of Maitland, Dunnellon, Edgewood, Flagler Beach, Mascotte, Dade City, the Towns of Ponce Inlet and Eatonville, and the Village of Highland Park as general counsel in all matters in which legal services are required. The firm also serves as counsel to the CRAs of Jacksonville Beach, Bunnell, Lakeland, Panama City, and Satellite Beach, and represents special districts and other agencies on specific matters, such as land use and public records litigation. The firm currently serves as counsel to the Winter Park Housing Authority, and Messrs. Smith, Hand, Shepard, and Brackins serve as local hearing officers. Counties, municipalities, and agencies routinely hire our firm as special counsel for limited duration assignments including litigation, and the firm also has a long history of representing community associations and private clients in commercial litigation, real property, and transactional services. The firm was founded in 2008 by Cliff Shepard, Drew Smith, and Virginia Cassady, each of whom already had many years of local government service and were Board Certified in City, County and Local Government Law. Messrs. Shepard and Smith also had significant litigation and general counsel experience. In 2017, Ms. Cassady retired, Andrew Hand became a shareholder, and Skip Kohlmyer, who for many years practiced insurance defense representing local governments, joined the firm. After serving for eight years as a career law clerk to a United States Magistrate Judge in the Orlando Division of the Middle District of Florida and two years as a staff attorney for Florida's Ninth Judicial Circuit Court, Patrick Brackins joined the firm in 2016 as an associate, specializing in litigation and local government law. Ryan Knight joined the firm in 2023 with a desire to expand his s Page 143 of 199 practice into local government after practicing insurance defense litigation for 10 years. Having served many years with many local governments, special districts, and agencies, we have handled a great diversity of matters including land use, code enforcement, contract negotiation, union bargaining, employment actions, litigation, mediation, arbitration, public records and sunshine law, and essentially any other matter that our government clients have needed. We have represented jurisdictions through Bert J. Harris, takings, and land use litigation, comprehensive plan challenges, public records litigation, intergovernmental disputes, and bond issues. Serving such a breadth of communities allows us to bring to bear for all of our clients the information and lessons we learn in any of them . While we have practiced in this field for many years and seen many things it would be foolish to say we have seen it all. The field is always evolving. That statement is perhaps more true today than any time in the last twenty years as the State legislature continues to redefine the meaning of "Home Rule." Accordingly, in order to excel in this practice area, one must be committed to continuing growth and education. One must want to never stop learning. For that reason, one of the core principles in our firm is that all our local government attorneys are expected to become Board Certified in City, County, and Local Government Law by the Florida Bar when they become eligible. To put that in context, approximately 7% of all eligible lawyers in the Florida Bar are Board Certified in their field. Board Certification is only achieved and maintained through heightened requirements of continuing education, exhaustive vetting of one's background and qualifications, peer review by other Board Certified lawyers in the field, and examination. Messrs. Smith, Hand, Shepard, and Brackins are Board Certified in City, County, and Local Government Law. 6 Page 144 of 199 List of All Governmental Clients Represented in Past Five Years General Counsel City of Apopka (2014-2018) - Susan Bone, City Clerk, (407) 703-1704 City of Dade City (Present) - Angie Guy, City Clerk, (352) 523-5052 City of Davenport (2017-2020) - Rachel Castillo, City Clerk, (863) 419-3300 City of Dunnellon (Present) - Mandy Odom, City Clerk, (352) 465-8500 City of Edgewood (Present) - Sandy Riffle, City Clerk, (407) 851-2920 City of Flagler Beach (Present) - Penny Overstreet, City Clerk, (386) 517-2000 City of Maitland (Present) - Lori Hollingsworth, City Clerk, (407) 539-6219 City of Mascotte (Present) - Stephanie Abrams, City Clerk, (352) 429-3341 Florida Redevelopment Association (Present) — Jeffrey Blomeley, Executive Director Florida League of Cities, Inc., (850)701-3614 Town of Eatonville (Present) - Veronica King, Town Clerk, (407) 623-8910 Town of Ponce Inlet (Present) - Kim Cherbano, Town Clerk, (386) 236-2150 Village of Highland Park (Present) - Maggie Taylor, Village Clerk, (863) 455-6518 Special Counsel Citrus County Hospital Board (Present) - Sunshine and :Public Records Attorney, Other Special Projects — William J. Grant, General Counsel, (352) 726-5111 City of Apopka (Present) - Land Use Matters - Susan Bone, City Clerk, (407) 703-1704 City of Atlantic Beach (Present) - Charter Review - Donna Bartle, City Clerk, (904) 247-5809 City of Clermont (2021) - Special Code Enforcement Prosecution Counsel; (present) - Code Enforcement Board Attorney - Tracy Ackroyd Howe, City Clerk (352) 241-7331 City of Cocoa (2018) - Special Code Enforcement Prosecution Counsel - Carie Shealy, City Clerk, (321) 433-8484 City of DeBary (2018) - Internal Investigation Related to Use of :Public Funds; (2020) - Prosecution of Forfeiture of Office Case Against Councilmember for Charter Violations - Kurt Ardaman, City Attorney, (407) 262-8400 City of Jacksonville Beach (Present) - Charter Review, Referendum matters, litigation - Sherri Gosselin, City Clerk, (904) 247-6250 Page 145 of 199 City of Neptune Beach (2019-2020) - Special Land Use Litigation Counsel - Catherine Ponspon, City Clerk, (904) 270-2400 City of New Port Richey - Special CRA Counsel (2019) - Judy Meyers, City Clerk, (727) 853- 1021 City of New Smyrna Beach (Present) - Special Land Use Counsel and Special Litigation Counsel - Kelly McQuillan, City Clerk, (386) 410-2630 City of Ocala (Present) - Land Use Matters - Angel Jacobs, City Clerk (352) 629-8266 City of Satellite Beach (Present) - CRA and Special Litigation Counsel - Gwen Pierce, City Clerk, (321) 773-4407 City of Winter Garden (2019) - Charter Review Facilitator - Angee Grimmage, City Clerk, (407) 656-4111 City of Winter Park Housing Authority (Present) - Litigation Counsel - Lashonda Lovette, Executive Director, (407) 645-2869 City of Winter Springs (2021) - Special Code Enforcement Prosecution — Matt Tracht, Chief of Police, (407) 327-1000 Flagler County Sheriff's Office (2019) — Special Litigation Counsel, Sick Building Dispute — Kayla Hathaway, General Counsel, (386) 427-5227 Orange County Code Enforcement Board (Present) - Counsel to the Board - Maritsa del Valle, Clerk, (407) 836-3747 St. John's County (2018-2019) - Special Litigation Counsel - Bradley Bulthuis, Assistant County Attorney, (904) 209-0805 2020 Orange County Charter Review Commission (2020) - Counsel to the 2020 Charter Review Commission - Katie Smith, Clerk, (407) 836-5382 Special Magistrate/Hearing Officer City of Edgewater (2020 - 2023) - Bonnie Zlotnik, City Clerk, (386) 424-2400 City of Kissimmee (Present) - Kalanit Oded, Assistant City Attorney, (407) 518-2310 City of Ocoee (2017-2019) - Hearing Officer - Melanie Sibbitt, City Clerk, (407) 905-3105 City of Orlando (Present) - Melanie Sibbitt, City Clerk, (407) 905-3105 City of St. Cloud (Present) - Claudia Klockars, Deputy City Clerk, (407) 957-7304 Orange County (Present) - Gerald Marks, Projects Manager, (407) 836-7892 Page 146 of 199 List of All Judgments or Lawsuits in the Last Five Years Bey a The Housing Authority of the City of Winter Park, et. al., 6:23-cv-00539-Orl-PGB-EJK (M.D. Fla.): Twelve defendants, including two Florida County Court Judges and Patrick Brackins, were sued by a pro se plaintiff in the Orlando Division of the Middle District of Florida. As part of her claims, the pro se plaintiff generally denied that the laws of the state of Florida apply to her or the real property at issue, which is located in Winter Park. The lawsuit was styled as a notice of removal from an ongoing county court eviction proceeding brought by the housing authority against two tenants who are relatives of the pro se plaintiff. Patrick Brackins is counsel for the housing authority and filed the eviction action on its behalf in the county court, 2022cc- 0022457-0. The pro se plaintiff is not a named defendant in the county court eviction action; however, she appeared there and attempted to assert defenses and counterclaims on behalf of the actual defendants. Mr. Brackins filed a motion to strike as a non -attorney may not represent another person in Florida courts. The motion was granted by order of the county court on February 7, 2023. Following the order, the pro se plaintiff removed the action to federal court and filed a notice of removal in the county court, which stays the action pending the outcome of the federal matter. The presiding county court judge and the prior county court judge who granted the motion to strike were also named as defendants in the federal action. The basis for the eviction was the defendants' refusal to allow the landlord access to the unit to perform mold remediation which poses a threat to the health, safety and welfare of the tenants as well as surrounding tenants. On June 23, 2023 the Court entered an order dismissing the complaint without prejudice. 9 Page 147 of 199 Information Regarding the Firm's Malpractice Insurance The firm maintains a professional liability (malpractice) policy with Travelers Casualty and Surety Company of America that covers all attorneys with the firm: Policy Number 107835820, with coverage limits of Five Million Dollars per occurrence and Five Million Dollars in the aggregate. 10 Page 148 of 199 List of All Lobbyists Employed by the Firm The firm does not employ or retain any lobbyists. Page 149 of 199 Biographical Sketch of Attorney to be Assigned as City Attorney Introductory Statement D. Andrew (Drew) Smith, III would be the named City Attorney who will have the primary responsibility for managing the relationship with the City. Andrew Hand would be designated as the primary assistant city attorney. While we encourage all of our municipal clients to let us know if a board or committee develops a preference for a certain lawyer with the firm, we strive to have the primary attorneys be the main faces that the Commission, boards, and community see at meetings. Since Mr. Hand will be the other primary attorney for meeting attendance and in the interest of allowing you to "meet" the people whose faces you would most frequently see, a full biographical sketch for both .Mr. Smith and Mr. Hand are included. ]2 Page 150 of 199 Drew Smith received his Bachelor's Degree from Mercer University in 1999 and graduated from Washington and Lee University School of Law in 2002. After graduating law school, He was hired by Cliff Shepard of Shepard Law Offices, P.A. and began practicing in the areas of local government law, commercial litigation, insurance defense, and community association law. Drew currently serves as the City Attorney to the Cities of Edgewood and Flagler Beach. He has been the primary attorney for both of those jurisdictions since 2008. He also currently serves as an Assistant City Attorney to all of the firm's municipal clients and, due to the length of time he has worked with all of them, often serves as a depository of institutional knowledge for the younger attorneys. He also currently serves as the Code Enforcement Special Magistrate for the City of St. Cloud and as Code Enforcement prosecuting attorney for Maitland and Ponce Inlet. He has served as special litigation counsel to the City of Eustis, special counsel to the City of DeBary in two forfeiture of office proceedings and an internal investigation regarding use of governmental funds, special counsel to the City of Winter Springs for complex code enforcement prosecutions, and special counsel to the City of Winter Garden for complex code enforcement prosecutions and charter review. Drew is Board Certified in City, County and Local Government Law and has been a speaker at several continuing legal education seminars on topics such as, special districts, Sunshine Law, land use, municipal law, and liability defense. He is a member of the Florida Bar Association and the Florida Municipal Attorneys Association. He achieved the highest Martindale -Hubbell peer review rating of AV in 2013 and maintains that rating today. He and his wife, Kathryn, live in Winter Springs. ]3 Page 151 of 199 ANDREW J. HAND Andrew J. Hand focuses his practice on all aspects of local government law. He is a Board Certified Specialist by the Florida Bar in City, County and Local Government Law and presently serves as City Attorney for the Cities of Dunnellon and Mascotte and the Village of Highland Park. Andrew has extensive experience assisting local governments in utility matters and recently facilitated the sale of a municipal utility for a purchase price in excess of twelve million dollars. Andrew also serves as a hearing officer for Orange County, Florida. Andrew is also a leader in Florida's "green" movement and is skilled in assisting local government and private sector clients who require the assistance of an attorney knowledgeable of legal issues that arise during the course of green and sustainable development projects. Andrew is a quintuple Gator, having received his law degree (with honors) and an LL.M. in Environmental and Land Use Law from the University of Florida Levin College of Law where he was a member of the Phi Kappa Phi Honor Society and Phi Delta Phi service fraternity. Andrew has also earned a Master's of Science Degree in Real Estate as well as a Bachelor's of Science in Business Administration (with honors) from the University of Florida. While a student, Andrew was a member of Golden Key National Honor Society, the Classics Honor Society, and Society of National Collegiate Scholars. While an LL.M. student Andrew served as an instructor at the University of Florida Levin College of Law, then following graduation served on the college's Law Faculty as an Adjunct Professor of Florida Land Use Law. Andrew and his wife Monica live in Maitland. ]4 Page 152 of 199 Resumes of All Attorneys Who Will Assist in Providing Legal Services 15 Page 153 of 199 SHEPARD, SMITH, KOHLMYER & HAND, P.A. ATTORNEYS & COUNSELORS AT LAW D. ANDREW SMITH III BOARD CERTIFIED IN CITY, COUNTY & LOCAL GOVERNMENT LAW EXPERIENCE SHAREHOLDER Shepard, Smith, Kohlmyer & Hand, P.A. (2008 - Present) Currently serves as City Attorney for the Cities of Flagler Beach and Edgewood, as Assistant City Attorney and Code Enforcement Prosecuting Attorney for the City of Maitland, as Assistant Town Attorney and Code Enforcement Prosecuting Attorney for the Town of Ponce Inlet, as Code Enforcement Hearing Officer for the City of St. Cloud, as Code; has served as Assistant City Attorney to the City of Mount Dora; Special Counsel to the City of DeBary; Special Counsel to the City of Winter Springs; Special Litigation Counsel to the City of Eustis; and as Special Counsel and Charter Review Facilitator to the City of Winter Garden. SHAREHOLDER Langston, Hess, Bolton, Shepard & Augustine, P.A. (2007 - 2008) Served as Assistant City Attorney to the Cities of Maitland and Mount Dora, Edgewood and as Assistant Town Attorney to the Town of Ponce Inlet and as Special Counsel to the City of Winter Garden. ASSOCIATE Langston, Hess, Bolton, Shepard & Augustine, P.A. (2004 - 2007) Served as Assistant City Attorney to the Cities of Maitland and Mount Dora and the Town of Ponce Inlet. ASSOCIATE Shepard Law Offices, P.A. (2002 - 2004) Served as Assistant City Attorney to the Cities of Maitland and the Town of Windermere. 16 Page 154 of 199 ACTIVITIES + HONORS o Florida Bar Board Certified in City County & Local Government Law o Florida Super Lawyers Rising Star - Law & Politics Magazine: 2012 - 2016 o AV Rated - Martindale -Hubbell Legal Directory: 2013 - Present o Member - Orange County Bar Association; City, County and Local Government Law Section of the Florida Bar; Environmental and Land Use Low Section of the Florida Bar; Florida Municipal Attorneys' Association o Case Review Author- Washington and Lee University School of Law Environmental Law Journal: 2001 - 2002 SEMINARS GIVEN o City of Flagler Beach Citizens Academy - "The Role of City Attorney," 2015, 2016, 2017, 2018, 2019, 2020 o Central Florida Code Enforcement Officers Association - "Constitutional Search and Seizure Protections and Best Practices," October 2019 o FLC University - "Building a Culture of Ethics," November 2011 o Lorman Education Services - "Special Districts in Florida," September 2006 o National Business Institute - "Comprehensive Planning," November 2005 BAR MEMBERSHIPS o Florida o United States District Court, Middle District of Florida PERSONAL * Married to Kathryn Frahm and has two rescue dogs Oscar and Gilly * Actively involved with the That Others May Live Foundation a private charity organized to provide scholarships, support, and aid to families of fallen and gravely injured United States Air Force Rescue Personnel 17 Page 155 of 199 SHEPARD, SMITH, KOHLMYER & HAND, P.A. ATTORNEYS & COUNSELORS AT LAW ATTORNEY AT LAWFla. Bar No. 35859 BOARD CERTIFIED IN CITY, COUNTY & LOCAL GOVERNMENT LAW EXPERIENCE SHAREHOLDER Shepard, Smith, Kohlmyer & Hand, P.A. (2008 - Present) Representation regarding local government matters, land use, real property, CRAs, business, and litigation. Advised clients in all areas of law related to municipal government, drafted development documents, drafted municipal ordinances, provided extensive advice to local governments regarding Florida growth management law, provided advice to local governments regarding utilities, environmental issues, and provided advice regarding general municipal issues. Assisted clients in all aspects of business representation and complex commercial litigation. Assisted clients in commercial real estate closings, advised clients regarding "green" development issues. o City Attorney - City of Dunnellon, Florida o City Attorney - City of Mascotte, Florida o Village Attorney - Village of Highland Park o Florida Redevelopment Association - Asst. General Counsel o Hearing Officer - Orange County, Florida ADJUNCT PROFESSOR OF FLORIDA LAND USE LAW University of Florida, Frederic G. Levin College of Law (2009) Designed and taught upper -level law course. Florida Land Use Law (LAW6930, Section 5457) is a "practitioner oriented" course addressing land use law specific to the State of Florida. The course curriculum focuses on the necessity, history, and implementation of growth management controls in Florida and addresses county and municipal authority to regulate, requirements mandated by Florida's Growth Management Act, comprehensive planning in Florida, zoning ordinances, creative land use controls, CRAs, CDDs, Florida takings law, and litigatior)�elating to land use disputes. Page 156 of 199 EXPERIENCE (CONT.) ASSOCIATE Langston, Hess, Bolton, Shepard & Augustine, P.A. (2007 - 2008) Representation regarding local government matters, land use, real property, CRAs, business, and litigation. EDUCATION UNIVERSITY OF FLORIDA, FREDERIC G. LEVIN COLLEGE OF LAW L.L.M. Environmental and land use law, May 2009 Juris Doctor (cum laude), December 2006 UNIVERSITY OF FLORIDA, WARRINGTON COLLEGE OF BUSINESS Master of Science in Real State, May 2006 B.S. Business Administration (cum laude), May 2002 ACTIVITIES + HONORS o Florida Super Lawyers Rising Star - Low & Politics Magazine: 2020 o Florida Bar Board Certified in City, County and Local Government Law o LEED@ AP (Leadership in Energy and Environmental Design Accredited Professional) o Planning Award for Town of Marineland Unified Land Development Code - Awarded by American Planning Association, Florida Chapter SEMINARS GIVEN o Florida Redevelopment Association - "CRA: What you Need to Know" (October 2016) o University of Florida, Levin College of Law, Marine and Coastal Law - "Dark Sky Legislation by Local Governments" (March 2010) o Florida Brownfields Association - "Brownfields & Green Development" (November 2009) Moderator • University of Florida, Levin College of Law Conservation Clinic - "A Normative Analysis of Transferable Development Rights in Florida and their Role in Takings Analysis" (April 2009) 19 Page 157 of 199 SHEPARD, SMITH, KOHLMYER & HAND, P.A. ATTORNEYS & COUNSELORS AT LAW BOARD CERTIFIED IN CITY, COUNTY & LOCAL GOVERNMENT LAW EXPERIENCE SHAREHOLDER & FOUNDER Shepard, Smith, Koh1myer & Hand, P.A. (2008 - Present) Counsels and represents private and public clients as general counsel and on specialized matters relating to local government law, real property, and civil litigation. Regularly prepares and reviews contracts, briefs, and other legal documents. Experience includes currently serving as: o City Attorney for the City of Maitland and Town Attorney for the Towns of Ponce Inlet and Eatonville to regularly provides formal and informal answers to legal questions, drafts ordinances, resolutions and interlocal agreements, prepares poliicies and formal communications, and provides briefings on legal developments and matters of concern o Land use counsel for multiple public entities including defense against land use -related litigation such as takings claims, Bert J. Harris claims, declaratory judgment actions and writs of certiorari o Litigation counsel for multiple public and private entities on matters ranging from complex commercial litigation, to real property related suits, to bad faith claims, from inception through appeal o General Counsel for Florida Redevelopment Association including addressing nonprofit governance issues and drafting rubric policies and legal memoranda to be distributed to Community Redevelopment Agencies across the state * General Counsel for multiple Community Redevelopment Agencies including drafting Redevelopment Plans and Amendments, and consulting on responses to state audits * Special Magistrate for the City of Kissimmee 20 Page 158 of 199 ACTIVITIES + HONORS o Florida Bar Board Certified in City County & Local Government Law o Best Lawyers in America© - since 2018 o Florida Super Lawyer - Low & Politics Magazine, since 06 o Florida Legal Elite - Florida Trend Magazine, 2005 - 09; 2011 - 13; 2016; 2019- present o Martindale -Hubbell Bar Register of Preeminent Lawyers® o Executive of the Year (2019) - Volusia League of Cities o Certified Circuit Court and Appellate Mediator o AV Rated - Martindale -Hubbell o Florida Bar Journal/News Editorial Board - Chairman ('93-'94) o Florida Academy of Professional Mediators o Chairman - Kids Beating Cancer, (1998 - 2005) o Member - Land Planning Agency, City of Oviedo (1988-1990) SEMINARS GIVEN o "Charter Amendment Processes" - Sponsored by Florida Municipal Attorneys' Association o "Florida Sunshine Law: The Law in Plain English" - Available on DVD o "Sunshine and Social Media: Pitfalls for the Unwary" - Sponsored by The Florida Bar o "It's a Mad, Mad, Ad World: Advertising Challenges for City Clerks" - Sponsored by the Florida Association for City Clerks o "Ethics for Municipal Officials" - Sponsored by Florida League of Cities o "CRA Basics" - Sponsored by Florida Municipal Attorneys' Association o "Strand v. Escambia County: What now?" - Sponsored by the Florida Redevelopment Association o "Special Districts in Florida" -Sponsored by Lorman o "Spoliation of Evidence: An Ounce of Prevention" - Sponsored by LHBZH o "Writing that Makes a Difference" - Sponsored by the Florida Bar BAR MEMBERSHIPS o Florida o Tennessee o District of Columbia Court of Appeals o United States Supreme Court o United States Court of Appeals - Eleventh Circuit o United Stated District Court - Southern, Middle, and Northern Districts of Florida • United States Tax Court 21 Page 159 of 199 SHEPARD, SMITH, KOHLMYER &HAND, P.A. ATTORNEYS E, COUNSELORS AT LAW '111 cli i� ATTORNEY AT LAWFla. Bar No. 027520 BOARD CERTIFIED IN CITY, COUNTY & LOCAL GOVERNMENT LAW EXPERIENCE PARTNER Shepard, Smith, Koh1myer & Hand, P.A. SENIOR ASSOCIATE (2016-2022)IPARTNER (2023-PRESENT) Counsels and represents private and public clients as general counsel and as special counsel in all aspects of local government law and litigation through appeal. Regularly prepares and reviews ordinances, resolutions, policies, contracts, leases, briefs, and other legal documents. Experience includes serving as: o City Attorney for the City of Dade City o Special Counsel to the Orange County Code Enforcement Board (2021 - present) o Special Counsel to the City of Clermont Code Enforcement Board (January 2023 - present) o Counsel for the Winter Park Housing Authority (2018 - present) o Local Hearing Officer for the City of Orlando (2017 - present) o Assistant City Attorney for the cities of Dunnellon, Edgewood, Flagler Beach, Maitland, and Mascotte; Assistant Town Attorney for Town of Ponce Inlet and Eatonville; and Assistant Village Attorney for the Village of Highland Park o Assistant General Counsel to the 2020 Orange County Charter Review Commission o Litigation, appellate and/or special counsel for multiple public and private entities, including the Cities of Jacksonville Beach, New Symma Beach, and Satellite Beach CAREER LAW CLERK, U.S. MAGISTRATE JUDGE (2008 - 2016) Drafted all orders and report and recommendations in even numbered civil cases; drafted substantive criminal orders; managed civil docket; and managed term law clerks. 22 a. a - of 0 .. EXPERIENCE (CONT.) STAFF ATTORNEY, FLA. NINTH JUDICIAL CIRCUIT (2006 - 2008) Drafted proposed orders and opinions on appeals and first -tier writs; drafted proposed legislation. ACTIVITIES + PERSONAL o Florida Bar Board Certified in City, County and Local Government Law (2021) o Federal Bar Association Orlando Chapter: President (2021 - 2022); President -Elect (2020 - 2021); Secretary (2019 - 2020); Director at large (2018 - 2019); National Delegate (2022 - 2023) o Middle District of Florida's Bench Bar Fund Committee (2018 -2021) o Former board member of Christian Service Center of Central Florida (2014 - 2018) o Eagle Scout 23 Page 161 of 199 SHEPARD, SMITH, KOHLMYER & HAND, P.A. ATTORNEYS & COUNSELORS AT LAW RYAN G. KNIGHT EXPERIENCE SENIOR ASSOCIATE Shepard, Smith, Kohlmyer & Hand, P.A. (June 2023 - Present) Assist in the representation of all the firm's municipal clients and representation of clients in commercial and complex litigation. PARTNER Boyd & Jenerette, P.A. (August 202 1 -Janaury 2022) SENIOR ASSOCIATE (August 2018 - August 202 1) Perform all aspects of complex construction defect litigation as lead attorney representing contractors in both public and private construction arenas for projects including condominiums, multi -family and single-family housing, and commercial construction projects. Advised clients on risk management and legal compliance issues. Representation includes clients with exposure in excess of four million dollars and cases in excess of twenty million dollars as lead attorney. ASSOCIATE Law Offices of Jack D. Evans (September 2013 - August 2018) Served as Assistant City Attorney to the Cities of Maitland and Mount Dora and the Town of Ponce Inlet. ASSISTANT PUBLIC DEFENDER - FELONY DIVISION Office of Public Defender, 7th Judicial Circuit (2012 - 2013) Trial experience includes ten jury selections, six jury trials and three bench trials as first -chair attorney and additional four jury trials as second -chair attorney. Responsible for all aspects of misdemeanor and felony trial including: direct/cross 24 Page 162 of 199 EXPERIENCE (CONT.) examination, opening/closing arguments, introduction of evidence, admissibility of evidence, impeachment and trial objections. Managed caseload of over 150 cases before the Honorable David H. Foxman and Honorable Michael Hutchinson. BAR MEMBERSHIPS 1111115=9• PERSONAL Ryan resides in Winter Garden, Orange County, with his wife, Ashley, and their 4 children - Finn, Sailor, Navy, and Crew. 25 Page 163 of 199 Fee Proposal The firm proposes a hourly rate of $225.00 per hour for all shareholders and partners, $200.00 per hour for all associates, and $100.00 per hour for paralegals on matters that are not passed through or charged back to developers. On matters that are passed through or charged back to developers, the firm proposes an hourly rate of $300.00 per hour for all shareholders and partners, $250.00 per hour for all associates, and $125.00 per hour for paralegals. The exception to the hourly rate structure would be if serving as issuer's counsel in bond transactions, in which case the fee would be a fixed 0.005% of the issue. The firm does not charge for routine costs such as copying, and postage. The firm reserves the right to impose reasonable fees for extraordinary costs. The firm will not charge or bill for travel time or mileage within Orange County. 26 Page 164 of 199 Conflicts of Interest Statement The firm does not currently represent any clients that have matters pending before the City. The firm has no knowledge of and does not expect any representations that would create a future conflict of interest. While we do occasionally represent individuals in local government matters, we are careful not to create relationships that might interfere with our existing clients and our primary focus of representing local government jurisdictions. 27 Page 165 of 199 John Dowless Mayor, City of Edgewood (407) 476-3318 jdowless@edgewood-fl.gov Matt Doughney Chief of Police, City of Flagler Beach (386) 276-040 mdoughney@cityofflaglerbeach. com Mark Reggentin City Manager, City of Maitland (407) 539-6220 mreggentin@itsmymaitland.com Mike Disher Town Manager, Town of Ponce Inlet (386) 236-2150 mdisher@ponce-inlet.org Mandy Odom City Clerk, City of Dunnellon (352) 465-8500 ext. 1005 modom@dunnellon.org References 28 Page 166 of 199 1M-111ru I la IN N ESTABLISHED 1935 ATTORNEYS AND COUNSELORS AT LA'�N- Response to Request for Letters of Interest Prepared for: City of Ocoee 1 North Bluford Ave. Ocoee, FL 34761 RLI #23-007—City Attorney Services Date of Response: June 26, 2023 Richard S. Geller, Esquire A. Kurt Ardaman, Esquire Dan Langley, Esquire FISHBACK DOMINICK, LLP 1947 Lee Road Winter Park, FL 32789 Phone: (407) 262-8400 Fax: (407) 262-8402 rgeller@fishbacklaw com Page 167 of 199 . 0 0 1947 LEE o.,, k G. BEN FIISFHEACK {189E f1988u J'LI _HAIN K. D010111NI.Cr 1924-2C°93t MARK: F. AIHLERS A. KUR7 RREIA.PAAN OHN F. BEINNETT a. GIFFIN HSHUMLEY RICHARC S GELLER E IRIC 5, JCINTZ LFEFFRY R..It7MT2. DANIEL. 6HB. LANGLE.Y ANDREW M. IVAI SRAH OON E PIDD VNALL CHARLES R STEPTER,. JR. MiCkHAEL G. TEM:.PKP NSS June 26, 2023 VIA OCOEE.BONFIREHUB.COM Mayor Rusty Johnson Commissioner Rosemary Wilsen Commissioner Scott Kennedy Commissioner Richard Firstner Commissioner Ages Hart Ocoee City Hall 1 North Bluford Avenue Ocoee, Florida 34761 RE: RLI 23-007 — City Attorney Services Dear Mayor Johnson and Commissioners: TEL ,'4C7) 2E2 E,408 FA.7C #407G 2€2-?AC,2. WL'a°°N.FI'.SHEACKLAW.G©IM18 s FLORIDA EAR IECA&im CERTIFIED the C1IITY, COUNTY AIC D LOCAL GOVERNMENT Fishback Dominick is pleased to submit our proposal to serve as City Attorney in response to your Request for Letters of Interest. One of Central Florida's oldest law firms, Fishback Dominick has provided the highest quality legal services since 1935. Mattindale-Hubbell rates our firm, and all our equity partners, AV -Preeminent —the highest in competency and ethical stand- ards —based on reviews by other attorneys. Mattindale-Hubbell includes Fishback Dominick in The Bar Register of Preeminent Lawyers, consisting of the nation's most distinguished law firms. Fishback Dominick offers the City of Ocoee one of the deepest benches of Florida's most skilled and experienced local government attorneys. Rick Geller will serve as Ocoee's primary City Attorney. Kurt Ardaman, Dan Langley, Giffin Chumley, Andrew Mai, and other Fishback Dominick attorneys may attend meetings and represent the City. The firm's attorneys have consid- erable experience advising City Commissions, Planning and Zoning Boards, Code Enforcement Boards, Zoning Adjustment Boards, Community Redevelopment Agencies, and other municipal boards, departments, and committees. The firm is pleased to serve the City of Ocoee as special counsel, assisting in analyzing election issues and facilitating the Charter Review Commission's work. Rick, Kurt, Dan, and Giff are all board certified as experts and specialists in City, County, and Local Government Law by the Florida Bar. We are most proud of our firm's legacy of longstanding attorney -client relationships. We Page 169 of 199 City Commission City of Ocoee June 25, 2023 Page 2 have had the privilege of representing Belle Isle for more than a half -century, Winter Garden for a quarter -century, DeBary for 23 years, Longwood for 13 years, and Winter Park for 8 years. We offer our cities stability, in-depth knowledge about municipal law, and efficiencies in legal research and ordinance drafting. We forge strong relationships with our clients and enjoy meeting the myri- ad challenges of representing cities. Rick Geller frequently advises City Commissioners and staff as Deputy City Attorney to municipalities we represent. He sits as Special Magistrate for the City of Cape Canaveral for code enforcement cases. Rick obtained his J.D., cum laude, from Temple University in Philadelph- ia, where he served as an associate research editor on the Temple Law Review. For several years, Rick taught land use law to Master of Planning students at Rollins College. Kurt Ardaman is past -President of the Florida Municipal Attorneys Association, elected by our peers across the state. He has 39 years of experience representing local governments and their boards, property owners, businesses, community associations, and other organizations, han- dling day-to-day legal matters as well as highly complex transactions, litigation, appeals, and legis- lative matters. Dan Langley has vast experience with real estate acquisition, land use, zoning and de- velopment matters, land use litigation, contracting and procurement, and general and revenue bond issues. Giff Chumley, who represents the Volusia County Tax Collector, augments our capa- bilities in the areas of ad valorem taxes, tax certificates, and tax deeds. Andrew Mai, Osceola County's County Attorney for a decade, recently joined our firm, adding to our roster of highly qualified attorneys who can assist the City. In accordance with the RFI, we are enclosing more detailed information about our firm's experience, biographies of the attorneys who will perform work for the City, a proposed Fee Sched- ule (including a courtesy reduction from our current fees), and references from city officials for whom we have had the pleasure of providing municipal legal services. We would very much appreciate an interview with the Commission. If selected, we will uphold the City of Ocoee's Charter and ordinances, and provide counsel to the City in a prompt, credible, and professional manner. We aim to help the City Commission achieve its goals. As firm partners, we are authorized to commit Fishback Dominick to this important undertaking. w Ve o , Richard S. e er Kurt Ar amn Daniel Tr"g1e 4 Page 170 of 199 FISHBACK 1 DOMINICK ESTABLISHED 1935. ATTORNEYS AND COUNSELORS AT LAW Firm Rating and Board Certification The Columbia Law School Law Library, which houses Martindale -Hubbell's archives, in- formed us that Fishback Dominick has held an AV -Preeminent rating since 1936. Martindale - Hubbell rates all equity partners and seven of our attorneys AV -Preeminent. The Bar Register of Preeminent) awyers lists our attorneys in the practice areas of Municipal and Zoning Law, Civil Trial Practice, Commercial Litigation, Eminent Domain, General Practice, and Real Estate. Four of the firm's partners —Rick Geller, Kurt Ardaman, Dan Langley, and Giff Chum - ley —are Board Certified by The Florida Bar as experts and specialists in City, County, and Local Government Law. Board certification requires a rigorous evaluation of legal knowledge, compe- tency, and professionalism. A Legacy of Longstanding Attorney -Client Relationships Fishback Dominick has represented local governments for more than 50 years, ever since our founder, Ben Fishback, began representing the City of Belle Isle. Partner John Bennett suc- ceeded Mr. Fishback (1972-2013), and Dan Langley has represented the Belle Isle to this day (2017- present). We have also served as city attorneys for Winter Garden for a quarter century (1992-2000 and 2006-present), DeBary for 23 years (2000-present), Longwood for 13 years (2010-present), and Winter Park for 8 years (2015-present). At the request of other city attorneys, we frequently serve as special counsel, magistrates, and investigators on various matters. As City Attorneys for municipalities experiencing rapid growth and redevelopment, we have dealt with a tremendous spectrum of legal issues. Who We Counsel: We counsel City Commissions, Planning and Zoning Boards, Code Enforcement Boards, Development Review Committees, Community Redevelopment Agen- cies, Redistricting Commissions, Charter Review Commissions, City Managers, Department Heads, City Staff, Mayors, and Commissioners. Counseling Board Members and Commissioners: We counsel Board Members and Commissioners on Sunshine Law issues, parliamentary procedures, quasi-judicial proceedings, home rule authority, public records law requirements, voting conflicts, ethical requirements, new State legislation, and many other local government law topics. We advise Commissions during ex- ecutive sessions when litigation is pending and in open meetings to best protect and advance the interests of the public and our local government clients. 5 Page 171 of 199 Procurement Process: We assist and provide advice and counsel on all aspects of con- tracting and procurement issues, including bid protests. Bonds, Notes, and Public Financing: We assist our public clients and bond counsel with bond and revenue note issuances to facilitate construction of crucial public infrastructure and amenities. Projects have included construction of new city halls in both Winter Garden and De- Bary, a new municipal parking garage in Downtown Winter Garden, road construction projects in Longwood, and Winter Park's new $30 million Public Library and Civic Center. Transportation Funding: We craft cost -sharing interlocal agreements and advise on mat- ters affecting funding for transportation and other projects, impact fees, and grant opportunities. Negotiating Contracts and Settlements: We negotiate extremely complex multi -party agreements, vendor contracts, and litigation settlements. Judicial and Administrative Proceedings: We effectively litigate administrative and judi- cial proceedings involving large and sensitive matters, trials, appeals, and other proceedings involv- ing public entities. Real Estate and Land Use Issues: We deal with a multitude of real estate and land use issues for local governments, including comprehensive plan amendments, land development regu- lations, rezonings, variances, special exceptions, proceedings under the Florida Land Use and Envi- ronmental Dispute Resolution Act (Florida Statutes § 70.51), property takings, inverse condemna- tion, and Bert J. Harris Private Property Rights Act claims. We craft enabling documents and pro- vide advice and counsel for CRAB and overlay districts. Land Acquisition: We help our municipal clients acquire needed land and easements for public projects without having to file formal eminent domain proceedings. When necessary, we bring and litigate eminent domain lawsuits to trial. Budget and Financial Matters: We assist our municipal clients with budgetary, ad val- orem tax, special assessment, impact fee, and utility rate matters. Ordinance & Resolution Preparation: We craft a broad variety of ordinances and resolu- tions to protect, advance and serve the best interest of our local government clients and their citi- zens. Lake Maintenance. We craft MSTUs and MSBUs to enable those who benefit from liv- ing on lakes to pay for lake maintenance. Page 172 of 199 Litigation: Unless litigation is truly necessary, we endeavor to find ways to protect our mu- nicipal clients and advance the public interest without lawsuits or administrative proceedings. However, when litigation is warranted, we are prepared to represent and defend our local govern- ment clients vigorously. Types of litigation include: • Construction Litigation: We successfully defend our municipal clients in disputes with contractors in construction litigation and bring actions when necessary. • Administrative Proceedings: We successfully defend our municipal clients in adminis- trative proceedings challenging comprehensive plan amendments and land development regulations. • Code Enforcement Decisions: We successfully defend our municipal clients in appel- late challenges to code enforcement decisions. • Constitutional Challenges: We successfully defend challenges to ordinances on the basis of the Florida and United States Constitutions. • Manage Insurance Counsel: We frequently advise our clients to turn over matters to insurance counsel to lessen legal fees. We monitor such cases and advise insurance de- fense attorneys on local government law matters outside of their normal practice areas. Examples of our Local Government Work Fishback Dominick advises in implementation, and defends the policies and decisions of each city's governing commission. The following are several examples of our local government work: • On June 21, 2023, an appellate panel of the Orange County Circuit Court affirmed an Order of the City of Winter Park's Code Compliance Board, appealed by a residential developer fined for destroying a protected oak tree on a neighbor's property. Rick Geller handled the appeal. • The firm defeated legal challenges to Winter Park's Orange Avenue Overlay District in the Orange County Circuit Court. • The firm defeated legal challenges to the location of the City of Winter Park's new Public Library and Civic Center in Martin Luther King, Jr. Park. The Orange County Circuit Court reject- ed arguments by opponents against the park location in two separate proceedings. One lawsuit brought by Fishback with bond counsel validated a $30 million bond offering for the project ap- proved by voters. The Final Judgment confirmed the City Commission's selection of the park site. In the other litigation, a panel of three appellate judges dismissed a suit to enforce an initiative by an organized citizens group to prohibit construction in the park. 7 Page 173 of 199 • Fishback Dominick represented the City of Winter Garden in negotiating an interlocal agreement with Orange County to widen C.R. 535, a principal arterial highway in West Orange County. • Fishback Dominick wrote a new Downtown Winter Garden Outdoor Dining Ordinance, facilitated construction of a new Downtown parking garage and shared parking standards for downtown businesses, and drafted the City's Downtown Historic District Ordinance. Over a quar- ter century, Fishback has crafted the legal framework to help to facilitate Downtown Winter Gar- den's renaissance as a desirable, economically thriving destination. • Fishback Dominick defeated a Federal lawsuit against the City of Winter Garden chal- lenging election results. • Fishback Dominick defeated a challenge to the City of Winter Park's off-street parking requirements that alleged violations of the Americans with Disabilities Act. • Fishback Dominick defeated a challenge to the City of Winter Park's tree ordinance in the Orange County Circuit Court by an aggrieved citizen who was found to have violated the ordi- nance by the City's Code Compliance Board. • Fishback Dominick prepared new lobbying disclosure standards for a special district. Pro Bono Service: Several years ago, the Florida Supreme Court awarded Fishback Dominick the Chief Justice's Law Firm Commendation for Pro Bono Service for the Firm's out- standing services to the underprivileged. In 2015, the Florida Supreme Court conferred the same award on our partner, Eric Jontz. Chuck Stepter, now of -counsel to the firm, is Past Presi- dent and Trustee of the Legal Aid Society of Orange County, Lobbying Registration: Rick Geller, Kurt Ardaman, Andrew Mai, Eric Jontz, Michael Tempkins, and Dan Langley are registered to lobby Orange County Commissioners for the firm's municipal and private clients. Lobbying has involved land use issues and road restrictions. Professional Liability Insurance: Fishback Dominick carries $7 million in professional liability insurance. Our office manager advises that no one has made a claim in at least two dec- ades. The firm also carries $2 million in insurance for cyber theft. Judgments and Lawsuits No one has brought a lawsuit or obtained a judgment against any attorney who would rep- resent the City. 8 Page 174 of 199 Governmental Clients and References Fishback Dominick provides city attorney/general counsel services to the following governmental clients, presently and within the last five years. The City and District Managers can attest to the quality of legal services provided by the firm. City of Belle Isle Bob Francis, former City Manager (2017-2023) rfrancis@wallawallawa.gov (509) 524-4345 Central Florida Tourist Oversight District Glenton Gilzean, Jr., District Manager (407) 828-3548 City of DeBary Carmen Rosamonda, City Manager crosamonda@debary.org (386) 668-2040 City of Longwood Clint Gioielli, City Manager cgioielll@longwood.org (407) 260-3445 City of Sebastian Paul F. Carlisle, City Manager pcarlisle@cityofsebastian.org (772) 388-8203 City of Winter Garden John Williams, City Manager jwilliams@cwgdn.com (407) 407-656-4111 City of Winter Park Randy Knight, City Manager rknight@cityofwinterpark.org (407) 599-3235 In addition, Kurt Ardaman and Rick Geller have provided special counsel services to the City of Ocoee. Page 175 of 199 RICHARD S. GELLER / Equity Partner E: rgeller@fishbacklaw.com Martindale-I1ubL.ell' P: (407) 262-8400 ar=�=1 Areas of Practice Local Government Law Land Use and Development Civil Trials and Appeals 4 CF An attorney for more than 30 years, Rick Geller is a tireless advocate for his clients' interests, and often comes to the table with creative solutions to legal challenges. Martindale -Hubbell rates Rick AV -Preeminent, its highest rating in legal ability and ethics based on reviews from other attorneys. Board certified by the Florida Bar in City, County, and Local Government Law, Rick serves as Deputy City Attorney to Winter Park, Winter Garden, DeBary, and Belle Isle. He frequently sits with City Commissions and Councils, Planning and Zoning Boards, Code Enforcement Boards, Boards of Zoning Adjustment, and Election Canvassing Boards. In 2023, the City of Ocoee retained Rick as facilitator for its Charter Review Commission. He also served as special counsel to the City of Groveland in the development of their cutting -edge, form -based zoning code, which aims to revi- talize their downtown. Rick advises on parliamentary procedure, quasi-judicial procedures and due process, the Florida Sunshine Act, public records laws, comprehensive planning and zoning, and eth- ics compliance for public officers. He drafts resolutions and ordinances, code enforcement orders, and reviews proposed public contracts for compliance with Florida law. Once a month, Rick sits as Special Magistrate for the City of Cape Canaveral, adjudicating code enforcement proceedings and, in contested matters, prepares judicial opinions intended to be bulletproof on appeal. Rick has a perspective not shared by many other city attorneys —more than 30 years' experi- ence as a civil trial attorney in Federal and State courts. In the area of municipal and local govern- ment law, Rick has handled court and quasi-judicial proceedings involving construction defects and delays, cell tower denials, code enforcement appeals, competitive bid challenges, public contracts, ADA claims, billboard location denials, and land use and zoning entitlements. Rick's local govern- ment experience goes back 25 years, when he began representing housing authorities. An Orange County Planning and Zoning Board Commissioner (2008-2012), Rick adjudicated countless comprehensive plan and zoning applications. He helped to amend the County's Horizon West Code to improve aesthetics and walkability. As counsel to the City of Winter Garden, he helped craft the city's Downtown Historic Code, contributing the downtown's revitalization. From 9 Page 176 of 199 RICHARD S. GELLER (continued) 2011-14, Rick taught land use law and urban zoning codes as an adjunct professor in Rollins Col- lege's Master of Planning program. Rick is a recreational cyclist, runner, and swimmer. He is vice -chair of Bike/Walk Central Florida and past -chair of the Florida chapter of the Congress for the New Urbanism, the country's most innovative and influential organization dedicated to revitalizing and creating great urban cities, towns, and neighborhoods. .A champion of pedestrian and bicyclist safety, Rick has written exten- sively on the subjects of safe road design and walkable neighborhood schools. His articles have ap- peared in the Orlando Sentinel, the Florida State University Law School's Journal ofLand Use and .Envi- ronmental Law, and Public Square, the national publication of the Congress for the New Urbanism. PROFESSIONAL ACTIVITIES Special Magistrate, City of Cape Canaveral (2020 - present) Deputy City Attorney, City of Winter Garden (2008 - present) Deputy City Attorney, City of DeBary (2008 - present) Deputy City Attorney, City of Winter Park (2015 - present) Deputy City Attorney, City of Belle Isle (2008 - 2013 and 2017 - present) Adjunct Professor, teaching Land Use Law and leading independent studies in sustainability, Rollins College (Master of Planning in Civic Urbanism program), Winter Park, Florida (2011 — 2015). Judicial intern to the late Honorable Judge Stanley Brotman, U.S. District Court for the District of New Jersey (1991-1992). Judicial intern to the Late Honorable Judge Carl B. Rubin, U.S. District Court for the Southern District of Ohio (1991). RATINGS AND LISTINGS Board Certified in City, County and Local Government Law AV -Preeminent rated by Martindale -Hubbell (2008-present) Martindale -Hubbell Peer Review: 5.0/5.0 (highest rating) Orlando Home & Leisure's `Orlando's Top Lawyers" (2008-present). PROFESSIONAL ASSOCIATIONS Florida Bar Association (City, County and Local Government Law section) Orange County Bar Association Florida Municipal Attorneys Association Page 177 of 199 RICHARD S. GELLER (continued) LEGAL AND OTHER PUBLICATIONS "The Legality of Form -Based Zoning Codes," 26 journal of Land Use & F. nvironmental Lain (Florida State University College of Law), Number 1 (Fall 2010). "Civil Procedure —Expanding the Minimum Contacts Doctrine," 64 Temple Law Review 1025 (1991). "Roundabouts: A tool for Placemaking," Public Square (with Ken Sides, P.E.), available at: https://www.cnu.org/publicsquare/2018/04/19/urban-roundabouts-tool- placemaking. "The Front Burner: For Greater Safety, design roads to fit environment," Orlando Senti- nel (July 26, 2013), available at: https://bikewalkcentralflorida.org/bikewalk-central-fl- responds-to-sentinel-series/. "Let's bring European style to Central Florida's roads," Orlando Sentinel (June 23, 2009). "Code fixes could salvage hope for Horizon West," Orlando Sentinel (April 23, 2009). REPRESENTATIVE SPEAKING ENGAGEMENTS Speaker, American Planning Association, Orlando Chapter, "The Live Local Act Webt- nar on Affordable Housing" (forthcoming on July 26, 202.3). Speaker, "Walkable Thoroughfares: Incorporating an ITE Recommended Practice in FDOT Standards," at the Florida Statewide Conference of the Institute of Transporta- tion Engineers, Naples, Florida, (June 2011). Speaker, "Complete Streets: How do we convince the Florida Legislature?" Florida Chapter, Congress for the New Urbanism, Seaside, Florida (Jan. 2011). COMMUNITY ACTIVITIES CNU Florida, Statewide Chair (2018-2023) Bike/Walk Central Florida, Vice Chair (2018-2023) and Board Member (2013- 2023) Winter Park Health Foundation, Healthy Communities Work Group (2013-2017) District 1 Commissioner, Orange County Planning & Zoning Board (2009-2012) IN Page 178 of 199 A. KURT ARDAMAN / Equity Partner E: ardaman@fishbacklaw.com P: (407) 262-8400 Areas of Practice Local Government Law Land Use and Development Peer Reted £ar Ht hest Cevei ��� � of Pratessar�alE�eilence � ���� Real Estate Law Eminent Domain and Inverse Condemnation Kurt Ardaman relishes challenges, particularly when confronted with problems others could not solve. A determined and creative legal practitioner, Mr. Ardaman is a persistent advocate for his clients' objectives. He has been a member of the Florida Bar since 1984 and is Board Certified by the Florida Bar in City, County and Local Government Law since 2009. Over the course of his 39-year career at Fishback Dominick, Kurt has represented local governments, businesses, landowners, developers, property/homeowner and condominium owner associations, and others in administrative proceedings, civil litigation, special master hearings, ap- peals, land use and development projects, eminent domain and inverse condemnation lawsuits, Bert J. Harris proceedings, public records law disputes, and complex multi -party to simple real estate de- velopment projects and transactions. His areas of expertise include eminent domain, local govern- ment, land use and development, and real property. Kurt is past President of the Florida Municipal Attorneys Association — which represents over 400 municipal attorneys statewide. He is also past chair of the Florida Bar Eminent Domain Committee. He is a requested speaker on eminent domain, inverse condemnation, land use and de- velopment, sunshine and public records law, annexation, and other topics. His leisurely pursuits include reading, bicycling, boating, and, because he loves a good chal- lenge, mountain climbing. EDUCATION AND HONORS University of Florida, @is Doctor (1984) University of Florida, Bachelor of Science with high honors (1980) 13 Page 179 of 199 A. KURT ARDAMAN (continued) COURTS OF PRACTICE All State of Florida Courts (Admitted in 1984) RATINGS AND LISTINGS Board Certified in City, County and Local Government Law AV -Preeminent rated by Martindale -Hubbell Martindale -Hubbell Peer Review: 5.0/5.0 (highest rating) AVVO: Superb —rated 10 out of 10 Orlando Home dam' Leisure's `Top Lawyers" list for multiple years. MUNICIPAL EXPERIENCE City Attorney, City of DeBary (2003-present) City Attorney, City of Winter Garden (1992-2000 and 2006-present) City Attorney, City of Winter Park (2015-present) Deputy General Counsel, Central Florida Tourism Oversight District (2023-present) PROFESSIONAL ACTIVITIES Florida Municipal Attorneys Association President (2019-21) and Vice -President (2018-19) The Florida Bar Association Chair (2009-2010) and Vice -Chair (2008-09), Florida Bar Eminent Domain Committee City, County and Local Government Law section Orange County Bar Association Association of Eminent Domain Professionals fd! DANIEL W. LANGLEY / Equity Partner E: dlanglev@fishbacklaw.com Ma, tmdak -Hubbol I` P: (407) 262-8400 �cl Areas of Practice Local Government Law @ Eminent Domain and Inverse Condemnation' Real Estate and Construction Litigation 0��°� Land Use and Real Estate Development Land Use Litigation Dan Langley gets immense professional satisfaction out of helping clients meet their goals and providing them with efficient and sound legal guidance in courteous and understandable fash- ion. He achieved board certified by the Florida Bar in City, County, and Local Government Law, and has a broad range of experience representing public sector and private clients in all aspects of local government law, land use and development, real estate, and eminent domain matters. He also serves as a city attorney to the firm's municipal clients, as general counsel to condominium and homeowner's associations, and has served as special counsel to several municipalities. He also repre- sents individuals, property owners, and businesses before cities and counties on various government and regulatory issues. Dan advises elected and appointed public officials and board members on all pertinent legal issues, including requirements of state laws and municipal codes, quasi-judicial procedures, parlia- mentary procedures, compliance with Florida's Sunshine Act, Public Records Law, and the Code of Ethics for Public Officers. He has attended hundreds of municipal board meetings as legal counsel, advising City Councils/Commissions, Code Enforcement Boards, Planning & Zoning Boards, Board of Adjustments, Redistricting Commissions, Development Review Committees, Charter Re- view Committees, Civil Service Boards, and Employee Grievance Adjustment Boards. Dan has developed an extensive level of expertise in the following type matters: • Land use litigation, including comprehensive plan consistency challenges, writ of certiorari pro- ceedings, and administrative challenges to comprehensive plan amendments • Comprehensive Plan amendments and development order applications, including, re -zonings, plats, special exceptions, conditional use permits, variances, and development agreements • Florida Land. Use and Environmental Dispute Resolution Act — Section 70.51, F.S. proceedings • Real estate contracts, acquisitions, transactions, and litigation 15 Page 181 of 199 DANIEL W. LANGLEY (continued) • Eminent domain and inverse condemnation • Bert J. Harris Act claims • Public procurement and bid protests • Public construction contracts and litigation • Code enforcement proceedings and appeals • Ordinance, procedure and regulation drafting and interpretation • Public Records Act and Sunshine Law compliance and litigation • Public sector general and revenue bonds, loans, grants and equipment leases • Special assessments, impact fees and user fees • Contract review, negotiations and drafting, public — private partnerships, interlocal agreements and mutual aid agreements • State ethics laws and Commission on Ethics complaints and proceedings • Condominium and homeowner's association law MUNICIPAL EXPERIENCE City Attorney, City of Longwood (2010-present) City Attorney, City of Belle Isle (2017-present) Acting General Counsel, Central Florida Tourism Oversight District (March 2023-present) Deputy City Attorney, City of Winter Park (2015-present) Assistant City Attorney, City of DeBary (2003-present) Assistant City Attorney, City of Winter Garden (2006-present) EDUCATION Florida State University, Juris Doctor (witb bonors) (2002) Florida State University, Master of Business Administration (2002) Florida State University, Bachelor of Science, cum laude (1999) RATINGS AND LISTINGS AV -Preeminent rated by Martindale -Hubbell Selected to SuperLawjers Florida Rising Stars list (2013-2017). Selected to Orlando Home & Leisure's `Top Lawyers" list for multiple years. COURTS OF PRACTICE All State of Florida Courts (Admitted in 2002) Federal. District Court, Florida Middle District UM Page 182 of 199 E: amai@fishbacklaw.com P: (407) 262-8400 Areas of Practice Local Government Law Appellate Practice Land Use and Development Real Property Practicing law for 22 years, including 13 years as the County Attorney for Osceola County, Florida and the City Attorney for Sioux City, Iowa, Andrew W. Mai represents cities, counties, towns, villages and municipal agencies for a wide range of legal matters. For city commissions, councils and their boards, local planning, code enforcement and boards of adjustments, and public safety divisions, he handles simple and complex legal matters related to public private partnerships, development matters, contracts, bond issues, intergovernmental matters with the federal govern- ment, state, cities, special districts and Community Development Districts. Mr. Mai served as a board member of the Florida Association of County Attorneys and the Florida Co -Chair and County Chair to the International Municipal Attorneys Association. He has been a speaker at various association conferences including the International Association of Gov- ernment Officials on such topics as bond issuance, working with elected officials, development, and county government, among others. Mr. Mai has taught fire service law and business law as an adjunct professor. Mr. Mai attended Georgetown Law Center, William Mitchell College of Law and studied law for a summer at Heidelberg University in Germany. He has participated in the Autism Society of Greater Orlando and has saved dozens of puppies and grown dogs through the Husky and Springer Spaniel Pet Rescue. In his free time, he enjoys writing, biking, travel, and spending time with his family. EDUCATION Georgetown Law Center, William Mitchell College of Law, J.D. (2001) University of Minnesota, B.A. (1995) PROFESSIONAL ACTIVITIES Interim City Attorney, City of Sebastian (2023-present) Attorney, Waterset North Community Development District (2021-present) County Attorney, Osceola County (2011-2021) Florida Association of County Attorneys 17 Page 183 of 199 J. GIFFIN CHUMLEY / Partner E: giffin.chumley@fishbacklaw.com P: (407) 262-8400 Areas of Practice Local Government Law c�n`�® Land Use and Development Public Procurement Americans with Disabilities Act State Taxation An Assistant County Attorney for eight years in Volusia County, in 2020 Giffin Chumley returned as a partner to Fishback Dominick, where he started his legal career in 2006. Board certi- fied by the Florida Bar in City, County, and Local Government Law, Giff has extensive experience with Florida's Sunshine Act and public records laws, the Americans with Disabilities Act, property taxes, tax certificates and deeds, public procurement, public transportation, fire and emergency services, ethics, and contracts (including debarment matters), risk management, and land use and zoning. Giff served as Volusia County's principal attorney navigating the Americans with Disabili- ties Act (ADA). He developed a program to train county employees about their duties and obliga- tions under the ADA, and consulted on the county's ADA cases in litigation. Giff also has extensive experience in matters involving tourist and ad valorem taxes, tax certificates, and tax deeds. Giff worked regularly with Volusia County's procurement department to draft, review, and negotiate contract terms and conditions. He is deeply familiar with the re- quirements and inner workings of local government solicitation processes involving invitations to bid, requests for proposals, qualifications, or information, or letters of interest. Chumley assists our municipal clients in avoiding flawed procurement awards. Mr. Chumley also represents creditors before the United States Bankruptcy Courts. While in law school, he interned with the late United States Chief Bankruptcy judge, Paul M. Glenn, and has since continued to defend his clients and prosecute claims for creditors in Chapters 7, 11, and 13 cases. Mr. Chumley also served as a judicial intern to United States District judge Mary S. Scriven of the Middle District of Florida. Outside of his professional pursuits, Mr. Chumley enjoys sampling exotic foods, research- ing and sharing pop culture trivia, and collecting inexpensive mechanical wristwatches. 18 Page 184 of 199 GIFFIN CHUMLEY (continued) EDUCATION Stetson University College of Law, Juris Doctor, cum laude (2006) University of Central Florida, Legal Studies, B.A. (2003) University of Florida, English, B.A. (2000) COURTS OF PRACTICE All State of Florida Courts (admitted in 2006) United States, Florida Middle and Northern Districts (Bankruptcy Courts included) CERTIFICATION Board Certified by the Florida Bar in City, County and Local Government Law (since 2012) LOCAL GOVERNMENT ACTIVITIES AND PROFESSIONAL ASSOCIATIONS General Counsel to Volusia County Tax Collector Will Roberts (2021 — present) Attorney to the City of Palm Coast Code Enforcement Board (2021 - present) Assistant City Attorney, City of DeBary (2006 — 2011; 2020 — present) Assistant County Attorney, County of Volusia, Florida (2011 — 2020) Assistant City Attorney, City of Winter Garden (2006 — 2011; 2020 — present) Assistant City Attorney, City of Longwood (2010 — 2011; 2020 - present) Assistant City Attorney, City of Belle Isle (2020 - present) Assistant City Attorney, City of Winter Park (2020 — present) Judicial Intern to United States Chief Bankruptcy Judge Paul M. Glenn (2006) Judicial Intern to United States District Court Judge Mary S. Scriven (2005) Florida Bar Association Orange County Bar Association Florida Municipal Attorneys Association COMMUNITY ASSOCIATIONS Sergeant at Arms, Seminole County South Rotary Club Z Page 185 of 199 HILLARY GRIFFITH / Associate E: hgriffith@fishbacldaw.com P: (407) 262-8400 Areas of Practice Real Estate Land Use and Development Hillary Griffith is an Associate with Fishback Dominick. While she focuses on real estate and land use law for the firm's municipal clients, she brings to the table considerable experience in corporate and business law. Before joining Fishback Dominick, Mrs. Griffith was Associate Gen- eral Counsel for a private equity firm, where she provided analysis and legal support across the firm's corporate entities and properties. Before moving to Florida, Mrs. Griffith lived and worked in Texas, where she developed her legal expertise through direct experience in multiple facets of real estate law. She provided legal and business advisory services to investors and financial institutions through her practice at a multi -state law firm that specialized in the real estate market. Additionally, Mrs. Griffith worked at a title company providing exclusive title insurance services to a national residential real estate company. Mrs. Griffith graduated from the University of Texas at Austin in 2013 with a degree in Geography and Environmental Studies. She then went on to graduate from Texas A&M Universi- ty School of Law in 2017. She is licensed to practice law in Texas, Maryland, and Florida. Mrs. Griffith has lived in Central Florida since 2021 and loves to explore the natural beauty of Florida with her wife, Corrie, and their two rescue dogs, Bear and Goose. EDUCATION University of Texas, B.A. (2013) Texas A & M University School of Law, J.D. (2017) COURTS OF PRACTICE Florida (2022) Texas (2017) Rol Page 186 of 199 E: bpownal@fishbacklaw.com P: (407) 262-8400 Areas of Practice Local Government Law Real Estate Law Brandon Pownall, an associate, practices in the areas of local government and real estate law. He brings previous experience in business and employment law. Prior to joining Fishback Dominick, Mr. Pownall served as in-house counsel for an Orlando technology consulting firm. In practice, Mr. Pownall assists with researching, drafting, and advising decision -makers on strategy. A 2020 graduate with honors from the University of Florida Levin College of Law, he served as an Articles Editor of the Florida Law Review. During law school, Mr. Pownall was awarded the OF Pro Bono Certificate for outstanding achievement in public service. A native of Orlando, Mr. Pownall spends his free time exploring the many nature preserves and hiking trails throughout the state of Florida. He enjoys reading, cooking Italian food, and travel- ing. EDUCATION University of Florida, J.D., cum laude (2020) Florida Law Review, Member & Articles Editor (2018-2020) Emory University, Bachelor of Arts in English (2017) COURTS OF PRACTICE Florida (2020) 91 Page 187 of 199 FISHBACK 1 DOMINICK ES`rABLISI-IED 1935 ATTORNEYS AND COUNSELORS AT LAB- Fishback Dominick proposes the following fee structure: A. Hourly Rates. Fishback Dominick proposes a flat fee of $5,000.00 per month for up to 20 hours per month, which will apply to attendance at Commission and Planning and Zoning Board meetings as well as consultation with staff and Commissioners. After the first 20 hours, we will charge the same hourly rates we have billed to the City since January 2021, when we began work as the City's special counsel. For all matters, including litigation, (and except for opinion letters concerning issuance of bonds or notes and development pass - through services, as described below), we will bill in increments of a quarter hour at the following hourly rates: Board Certified Attorneys and Partners $325.00 Associates $285.00 Paralegals & Law Clerks $155.00 Legal Assistants $100.00 At the beginning of each fiscal year, fees will increase by 3% to the nearest $5.00 increment, unless otherwise approved by the City Manager or City Commission. B. Municipal Bond Opinion Letters. For legal services relating to issuance of opinion letters concerning the legality of the City's issuance of bonds or notes, in order to compensate the firm for the increased risk of issuing such letters, the City shall pay a lump sum fee to Fishback Dominick (in lieu of an hourly fee for the time incurred in reviewing and revising the bond documents and the drafting and negotiations of legal opinion letters) as follows: .005 of bond amount for bonds up to $10,000,000.00 (minimum $7,500.00); Over $10,000,000.00, the above fee plus .002 of the amount over $10,000,000.00. C. Real Estate Closings. Fishback Dominick will perform real estate closing services for all of the City's real estate transactions and charge on a hourly basis for work performed. Title insurance premiums shall be paid at promulgated rates. W D. Development Pass -Through. For legal services provided by the Firm in which third parties reimburse the City (including for plan review under Section 1-12 of the City's Land Development Code), the Firm's hourly attorney rates will be one-third higher than the hourly rates after the first 20 hours stated above in paragraph A. E. Expenses The City shall reimburse the City Attorney for expenses reasonably incurred in the course of rendering legal services, including but not limited to court filing fees, court reporter's fees, process server fees, third party facsimile charges, real estate closing costs, express delivery charges, postage, printing, costs of reproducing documents (in -firm copies billed at $0.20 per copy), and necessary travel expenses at IRS standard mileage rates (not to include mileage to and from to City buildings or facilities). Unlike many firms, Fishback Dominick does not pass -on costs to clients for long distance telephone calls or for using electronic legal research on Lexis-Nexis or Westlaw. F. No Retainer Fishback Dominick trusts that the City timely pays its invoices. Therefore, the Firm is not requesting payment of a retainer fee. G. Invoices. Invoices are sent on a monthly basis, normally within two weeks after month -end. 23 Page 189 of 199 Fishback Dominick adheres strictly to Florida Rules of Professional Conduct, including Rule 4-1.7, which governs conflicts of interest. The Firm has no matters currently pending before the City for any other client. In the unlikely and rare event of a conflict of interest between the City and another firm cli- ent, Fishback Dominick would recuse itself from representing the City and the other client in the conflicting matter and would promptly arrange for conflict counsel to provide representation. Any conflict counsel for the City would be AV -preeminent rated, board certified in City, County and Lo- cal Government Law, and willing to accept fees at rates no more than those in effect with Fishback Dominick. Accessibility: If the City desires, Mr. Geller will provide office hours at City Hall one morning a week. Our attorneys are accessible by cell phone, email, and video conference calls. We endeavor to re- spond promptly. We are open to scheduling meetings with. City staff and individual Commissioners as needed. Board Meeting Attendance: Although Fishback Dominick will be the City Attorney, Rick Geller will be the primary city attorney to attend regularly scheduled and special City Commission meetings and workshops, as well as meetings of the Planning and Zoning Board and other board and city meetings as requested. Kurt Ardaman, Dan Langley, Giff Chumley, Andrew Mai, and other Fishback Dominick attorneys may attend and be available to advise, counsel, and represent the City. FISHBACI + lDOMINICK ESTABLISHED 1935 ATTORNEYS AND COUNSELORS AT LANA The City and District Managers listed under "Experience of the Firm," can attest to the quality of legal services provided by Fishback Dominick. The following can attest to the firm's and Rick Geller's legal abilities, in particular. 1) Mr. Bob Francis Former City Manager, Belle Isle (2017-2023) rfrancis@wallawallawa.gov (509) 524-4345 2) Mr. Randy Knight City Manager, City of Winter Park rk@ht@cityofwinterpark.org (407) 599-3235 3) Mr. Michelle DeValle Assistant City Manager, City of Winter Park mdelvalle@cityofwinterpark.org (407) 599-3236 4) Ms. Keri Martin Director of Risk Management, City of Winter Park kmartin@cityofwinterpark.org (407) 427-3809 5) Mr. Brian Palmer Senior Code Enforcement Officer b.palmer@cityofcapecanaveral.org (321) 868-1220 (ext. 115) Mr. Palmer represents the City of Cape Canaveral at hearings over which Rick Geller presides as Special Magistrate. 25 Page 191 of 199