Loading...
HomeMy WebLinkAboutShepard, Smith, Kohlmyer & Hand, PACITY OF OCOEE REQUEST FOR LETTERS OF INTEREST (RLI) # 23-007 SHEPARD, SMITH, KOHLMYER, & HAND, P.A. Submitted by: D. Andrew Smith, Ill 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 27 of 54 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 Attornevs 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 Tab4: Fee Proposal....................................................................... pg. 26 Tab 5. Conflicts of Interest Statement ................................................. pg. 27 Tab6. References........................................................................... pg. 28 Page 28 of 54 SHEPARD, SMITH, KOHLMYER ft HAND, RA, U COUWIFLORI"AT �Jlw SHEPARDFIRM.COM June 26, 2023 RE: City of'Ocoee Requestfor Letters of Interest (RLI #23-007) City A ttorrefs 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, Kohlrnyer & Hand, P.A. devotes the bulk of its legal practice to local government law. All of the firm's shareholders in the local government practice group-rnent Law horn have earned Board Certification in City, County and Local Govein 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 z:1 Z:� knowledge, Our governmental clients in the ever -evolving landscape of local government law. "I'lle 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 zn 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 finn 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 n-runicipalities in bond iSSUCS, Community redevelopment matters, police matters, collective bargaining negotiation, sunshine law and public records education and Page 29 of 54 compliance, personnel matters, utilities niatters'. charter review, code enforcement, kand Ilse, lifillatiOn ( 2oN,ernmental disputes and �PIT)SCCL601`1 wid defense) and appeal, Mter negotiations, and election related matters. One never becomes bored in local goo erillnent law. WC Uliderstand how CHLIC,-d it is f6r,a kov firm to provide prompt and effective legal Z-1 advice to ll1U11i6jM1 POHCN. makers. We pride OUL'SCIVeS 01) 0111- ability to comin till icate ill as NN"IN that Gives our Clients conl7idence, The lirst step of that is to listen, ()ne lias, to underst.and the values, goals, and ob , jecti-ves of the communittes oe"v ile s�'Ves, 11erN city we represent is UlIiLjkte. F"Vel"Y Clected and appointed official is unique, Ever\1 city qtatlerl eveiv business owner, and e`sery rCSidCu,t is UlliCILIC. We do our best Nvork when Nve listen to those. unique voices and help our clients reC00lize, explore, and strengthen the points of comnionality. That said, cour role is never to iw"Inuale ourselves ijlt(-) poliev. We advise policy ruakers on the Imi,, the legal implications of potential decisions, and the possible paths toward achieving the Jurisdiction's goals- we (to not attempt to thrust our policy jUd,nnents upon those -o-ho have been elecied by Iticir comi n unities to make those determinations. BY doing these two thimys, listening and remembering our role, Nvhile always Striving to pro -vide the best leoal counsel we can, \Nl?e have established lom-, relationships with man-, of the local goverrmients Nve have served. A,, a case in point. the very first loc.al goveninient client represented by Mn Shepard and myself was the City of C., apo and Maitland is Still (Atr hent Maitland. That representation began over tv,-entv vears c today, We R)CUS in this field oflocal government because Nve truly have as passion for the cornmunities,we represent and all the people that dedicate their firne, attention, and energy, to) Making their communities better. There are many, long days and late nights in this practice. At the end of each day, thOL12h. it is the people who are there with us and the thimis we accomplish together as at ream that make this field of practice so rewarding, We all consider ourselves lucky to do sonlething xve love We appreciate this opportunity, to introduce 0Ur;C1VCS to ),oil and your tcam. It is important for as city to ,,elect as firm tilat will fit with thrit citv's needs and culture. We are selecti-ve in the requests we respond to and only do so when \ve believe we will be as great fit. Accordirietv, we have submitted this niaterial because we think we can have a lono .111d rnutuaflv fulfillin- relationshil,-) with the City of Ocoee, The ultirnate decision. of' COUrse, is YoUl's and, for that reason, our primary goal here is to present as clearand hollest pietUre OfOUr firm. OUr lawyers, and our background. We Nvant to let you get to know us so that VOL! can decide whether we will be the right. fit for your comin Lill] t-V, Thank you for your time and consideration and all that vort do. Very truly yours, D. Andrew Smith, Ill Shepard, Smith, Kohlmyer & Ilan , P.A. Page 30 of 54 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 31 of 54 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 32 of 54 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) - Kiln 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 33 of 54 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 34 of 54 List of All Judgments or Lawsuits in the Last Five Years Bev a The Housing Authority of the Citv 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. 01 Page 35 of 54 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 36 of 54 List of All Lobbvists Emploved by the Firm The firm does not employ or retain any lobbyists. Page 37 of 54 Biographical Sketch of Attornev to be Assigned as Citv Attornev 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. 12 Page 38 of 54 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 firrn'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. 13 Page 39 of 54 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. 14 Page 40 of 54 Resumes of All Attornevs Who Will Assist in Providing Legal Services Page 41 of 54 SHEPARD, SMITH, KOHLMYER & HAND, P.A. ATTORNEYS & COUNSELORS A- 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 42 of 54 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 o 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 43 of 54 SHEPARD, SMITH, KOHLMYER & HAND, P.A. ATTORNLYS Er COUNSE-ORS 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 44 of 54 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 45 of 54 SHEPARD, SMITH, KOHLMYER & HAND, P.A. A-TOPNIYS & COUNSP: ORS A- 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 o 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 46 of 54 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 47 of 54 77NW1111167 SHEPARD, SMITH, KOHLMYER &HAND, P.A. ATTORNEYS 8- COUNSE: ORS AT LAW 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 Symrna 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 Page 48 of 54 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 49 of 54 RYAN G. KNIGHT EXPERIENCE SENIOR ASSOCIATE Shepard, Smith, Kohlmyer & Hand, P.A. ,mm- --qw — (June 2023 - Present) SHEPARD, SMITH, KOHNLMYER S& HAND, P.A. Assist in the representation of all the firm's municipal clients and ATTORNEYS & COUSELORA- LAW 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 50 of 54 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 51 of 54 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 52 of 54 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 53 of 54 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 rndoughney@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 rndisher@ponce-inlet.org Mandy Odom City Clerk, City of Dunnellon (352) 465-8500 ext. 1005 modom@dunnellon.org References 28 Page 54 of 54