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Winter Law Firm- RFP 16-02 Winter Law Firm PROFESSIONAL ASSOCIATION 310 THIRD STREET NEPTUNE BEACH, FLORIDA 32266 W ALAN WINTER TELEPHONE(904)242-0222 awlnter@wlnterlawfirm.com FAX(904)242-7051 Thursday, February 18, 2016 By Hand Delivery Catherine Berry, J.D. Director of Human Resources City of Atlantic Beach 800 Seminole Road Atlantic Beach, FL 32233 Re; Request for Proposals, City Attorney, RFP 16-02 Dear Ms. Berry: Enclosed please find my submission in response to the City of Atlantic Beach's RFP 16-02. I have been a continuous resident of Atlantic Beach since at least 1986 and have no plans on leaving our beautiful city. I have been encouraged by several friends and neighbors to submit my name and firm for consideration of the position of City Attorney. It is true that I have not been active in city administration in the past however this opportunity is a clear invitation for me to give back to the city that has given me so much. I have reviewed the process for consideration and will make myself available as needed. As required, I have enclosed an original plus six (6) copies of this application together with my curriculum vitae. I have also loaded a copy of this application in PDF format on the enclosed dis. as required. Thank you for considering my application in this matter. Since e , W. Alan Winter, 111.uire Fla. Bar No.398713 WAW/rd Enclosure: RFP 16-02 documents Firm resume Disc(copy of app.) CITY OF ATLANTIC BEACH Request for Proposals Attorney Services RFP#16-02 DOCUMENT REQUIREMENTS CHECKLIST ALL REQUIRED DOCUMENTS,AS LISTED BELOW,MUST BE INCLUDED WITHIN YOUR PROPOSAL PACKAGE. ONE(1)ORIGINAL AND SIX(6)COPIES,PLUS AN ELECTRONIC FILE(CD OR FLASH DRIVE)WITH ALL REQUIRED DOCUMENTS SHOULD BE SENT TO THE CITY AND SHOULD BE IN THE SAME ORDER AS LISTED BELOW. Proposals,and ALL required documents,submitted as complete packages(one original and six copies plus one digital copy) to include the following under Tab 6, Required forms: ❑ Signed copy of the Document Requirements Checklist ❑ Signature Sheet acknowledging addendums ❑ Drug Free Workplace,if appropriate ❑ Public Entity Crimes Statement ❑ Non-Collusion Affidavit of Prime Respondent ❑ Completed Form W-9 Request for Taxpayer Identification Number and Certification (form may be obtained from the IRS website https://www,irs.gov/pub/irs-pdf/fw9.pdf. ❑ New Vendor Infor •.tion Form The above requ`reme is ave oted and are understood by bidder. I understand that failure to submit an item listed above m.y res It reje�f,io�' f this bid. SIGNATURE: ,�►,,��1 i , PRINT: W. Alan Winter, squire COMPANY: Winter Law Firms; ADDRESS: 310 Third St. , Dept. Bch. 32266 PHONE: 904-242-0222 FAX: 904-242-7051 E-MAIL: awinterlawinterlawfirm.com DATE: February 10, 2016 16Ir' a t s) r f A t l a r> i c B e a c h Ri° P# 16°O2 City Attorney Services RFP-'1 6-02 SIGNATURE SHEET Proposer W. Alan Winter, Esquire Firm: Winter Law Firm Address: 310 Third Street, Neptune Beach, FL 32266 Telephone Number: 904-242-0222 ADDENDUM ACKNOWLEDGEMENT The proposer shall acknowledge obtaining all addenda issued to this formal solicitation from the City's web site by completing the blocks below. Failure to acknowledge all addenda may be cause for rejection of the bid response. Addendum No. Date Issued: y 1 Addendum No. Date Issued: Addendum No. Date Issued: Addendum No. Date issued: AUTHORIZED SIGNATURE: . TITLE: President/Owner, W. Alan Winter, Esquire, P,A, (print/type name s signed above): W. Alan Winter, Esquire DATE: February 10, 2016 171Page C i t y of t! a n t i c B e a c h R F P # 1 6-0 2 CITY OF ATLANTIC BEACH City Attorney Search RFP 16-02 ADDENDUM 1 February 11,2016 The RFP contains a timeline that was altered by the Commission after the RFP was issued. The revised timeline is as follows: Tentative Calendar of Events* RFP Issue Date January 26, 2016 Responses Due to HR Director February 24, 2016 by 3:00 Public Opening of Bids—Commission Chambers February 24, 2016 at 4:00 Commission Meeting—Short Presentations, Evaluation and Ranking February 25, 2016 at 6:00 Commission Meeting -Oral Presentations and Final Ranking March 8, 2016 at 6:00 *All times,dates and actions are subject to change. All meetings are publicly posted and open to the public under the Sunshine Law. All qualified responders will have 15 minutes to make a short"introductory"presentation to the Commission on Thursday, February 25, 2016. That meeting begins at 6:00 p.m. and will be held in the Commission Chambers, 800 Seminole Road,Atlantic Beach, FL 32233. The top-ranked candidates will then be invited back to make a 30 minute presentation to the Commission on Tuesday, March 8, 2016 at 6:00 p.m., with a Q&A period to follow, also in the Commission Chambers. DRUG-FREE WORKPLACE CERTIFICATION Section 287.087, Florida Statues,effective January 1, 1991, specifies that preference must be given to vendors submitting a certification with their bid/proposal certifying they have a drug-free workplace.This requirement affects all public entities of the State and is as follows: IDENTICAL TIE BIDS-Preference shall be given to business with drug-free workplace programs. Whenever two or more bids which are equal with respect to price, quality and service are received by the State or by any political subdivision for the procurement of commodities or contractual services,a bid received from a business that certifies that it has implemented a drug-free workplace program. In order to have a drug-free workplace program,a business shall: 1)Publish a statement notifying employees that the unlawful manufacture,distribution,dispensing,possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2)Inform employees about the dangers of drug abuse in the workplace,the business's policy of maintaining a drug-free workplace,any available drug counseling,rehabilitation,and employee assistance programs,and the penalties that may be imposed upon employees for drug abuse violations. 3)Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection(1). 4)In the statement specified in subsection(1),notify the employees that,as a condition of working on the commodities or contractual services that are under bid,the employee will abide by the terms of the statement and will notify the employer of any conviction of,or plea of guilty or nolo contendere to,any violation of Chapter 893 or of any controlled substance law of the United States or any state,for a violation occurrence in the workplace no later than five(5)days after such conviction. 5)Impose a sanction on,or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community,by any employee who is so convicted. 6)Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. AS THE PERSON AUTHORIZED T I IGN TATEMENT,I CERTIFY THAT THIS FIRM COMPLIES FULLY WITH THE ABOVE REQUIREME VENDOR'S SIGNATURE DATE W. Alan Winter, Esq. 18 P a g e City of Atlantic Beach RFP# 16-oa NON-COLLUSION AFFIDAVIT OF PRIME RESPONDENT STATE OF Florida ) COUNTY OF Duval ) W. Alan Winter, Esquire , being duly sworn, deposes and says that: (1) He/she is Owner / C.E.Q. of W. Alan Winter, Esquire, P.A. , Title Firm/Company the respondent that has submitted the attached response. (2) He/she is fully informed respecting the preparation and contents of the attached solicitation and of all pertinent circumstances respecting such solicitation. (3) Such solicitation is genuine and is not a collusive or sham solicitation. -(4) Neither the said respondent nor any of its officers, partners, owners, agent representatives, employees or parties in interest including this affiant, has in any way, colluded, conspired, or agreed, directly or indirectly, with any other respondent, firm or person,to submit a collusive or sham response in connection with the Agreement for which the attached response has been submitted or to refrain from bidding in connection with such Agreement, or has in any manner, directly or indirectly, sought by Agreement or collusion or communication or conference with any other responder, firm or person to fix the price or prices in the attached solicitation or of any other respondent, or to fix any overhead, profit or cost element of the proposed price or the proposed price of any other responder, or to secure through any collusion, conspiracy, connivance or unlawful Agreement any advantage against the City of Atlantic Beach, Florida, or any person interested in the pr••os-d Agreement. (5) The price or prices quoted in the attached response are fair :n, proper and are not tainted by any collusion, conspiracy, or unlawful Agreement o t - part 4 k e proposer or any of its agents, representatives, owners, employees, o pa '- . of i(,ter-F t, including affiant. (Signed) Ih:aA W. Alan Wint-� , Esq. The foregoing instrument was acknowledged before me this "day of Feb , 2016, by W_ Al a n Winter, Esq_ , who is personally known to me or who has produced as identification and who did/did not take an oath. 1 NOTARY PUBLIC CHERRIE L.BARROW S?,, ., s µolary Public-State of Florida ' �' •- commission# FF 2312 , •�: Tres WV 17,?!i' ,! i' a My Cornet.Exp 'Ins' BondedthroughN:+ttooal NOV/o°'' NON-COLLUSION AFFIDAVIT OF PRIME RESPONDENT STATE OF Florida ) COUNTY OF Duval } W. Alan Winter, Esquire , being duly sworn, deposes and says that: (1) He/she is rlN,m A r / C' P. 0 of W i 11.1-pr T.a w Pi rm Title Firm/Company the respondent that has submitted the attached response. (2) He/she is fully informed respecting the preparation and contents of the attached solicitation and of all pertinent circumstances respecting such solicitation. (3) Such solicitation is genuine and is not a collusive or sham solicitation. (4) Neither the said respondent nor any of its officers, partners, owners, agent representatives, employees or parties in interest including this affiant, has in any way, colluded, conspired, or agreed, directly or indirectly, with any other respondent, firm or person, to submit a collusive or sham response in connection with the Agreement for which the attached response has been submitted or to refrain from bidding in connection with such Agreement, or has in any manner, directly or indirectly, sought by Agreement or collusion or communication or conference with any other responder,firm or person to fix the price or prices in the attached solicitation or of any other respondent, or to fix any overhead, profit or cost element of the proposed price or the proposed price of any other responder, or to secure through any collusion, conspiracy, connivance or unlawful Agreement any advantage against the City of Atlantic Beach, Florida, or any person interested in the pr.•osed Agreement. (5) The price or prices quoted in the attached response are fair gin• •roper and are not tainted by any collusion, conspiracy, or unlawful Agreement a th- pa , e proposer or any of its agents, representatives, owners, employees, • pa -- of i e , , including affiant. (Signed) �, ,9 ilk) ' W. Alan Wintr, Esq. The foregoing instrument was acknowledged before me this \ ' day of Feb , 2016, by W. Alan Winter, Esq. , who is personally known to me or who has produced C..)( c-,(- c .— as identification and who did/did not take an oath. NOTARY PUBLIC ,.0.‘ !Z",,, CHERRIE L. BARROW t--�. Notary Public-State of Florida i •' �, . . Cs,rnrnissiorr#FF 230024 +" " .- M Cc�rnrn F xpires May 12,2019 ` ,`F ,. ',,,,, $Girded trriuihur,NAI,tor'al Notary Assn. P �e Request for Taxpayer Give Form to the Form requester.Do not (Rev.December2014) Identification Number and Certification send to a 10 n Department of the Treasury Internal Revenue Service 1 Name(as shown on your income tax return).Name is required on this line;do not leave this line blank. W.Alan Winter, Esquire,P.A. 2 Business name/disregarded entity name,if different from above N 4;, Winter Law Firm co o 3 Check appropriate box for federal tax classification;check only one of the following seven boxes: 4 Exemptions(codes apply only to certain entities,not individuals;see o ❑Individual/sole proprietor or ❑ C Corporation 1l S Corporation ❑ Partnership ❑Trust/estate instructions on page 3): o. C single-member LLC Exempt payee code(if any) _ r. 0 Limited liability company.Enter the tax classification(C=C corporation,S=S corporation,P=partnership)O. Exemption from FATCA reporting o 2 Note.For a single-member LLC that is disregarded,do not check LLC;check the appropriate box in the line above for code(if any) e the tax classification of the single-member owner.to mrC El Oher(see instructions) (Applies to accounrsmainieirted outside the V.S.) 0. is 5 Address(number,street,and apt.or suite no.) Requester's name and address(optional) U a 310 Third Street m 6 City,state,and ZIP code n Neptune Beach,Florida,32266 7 List account number(s)here(optional) Part I Taxpayer Identification Number(TIN) Enter your TIN in the appropriate box.The TIN provided must match the name given on line 1 to avoid I Social security number backup withholding.For individuals,this is generally your social security number(SSN).However,for a resident alien,sole proprietor,or disregarded entity,see the Part I instructions on page 3.For other entities,it is your employer identification number(EIN).If you do not have a number,see How to get a TIN on page 3. or Note.If the account is in more than one name,see the instructions for line I and the chart on page 4 for I Employer identification number I guidelines on whose number to enter. 6 J - 3 1 4 7 9 8 0 Part 11 Certification Under penalties of perjury,I certify that: 1. The number shown on this form is my correct taxpayer identification number(or I am waiting for a number to be issued to me);and 2. I am not subject to backup withholding because:(a)I am exempt from backup withholding,or(b)I have not been notified by the Internal Revenue Service(IRS)that I am subject to backup withholding as a result of a failure to report all interest or dividends,or(c)the IRS has notified me that I am no longer subject to backup withholding;and 3. I am a U.S.citizen or other U.S.person(defined below);and 4.The FATCA code(s)entered on this form(if any)indicating that I am exempt from FATCA reporting is correct. Certification instructions.You must cross out item 2 -rove if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividf as on your tax return.For real estate transactions,item 2 does not apply.For mortgage interest paid,acquisition or abandonment.f•ecu d •a arty,cancellation of debt,contributions to an individual retirement arrangement(IRA),and generally,payments other than interest a '. •vide . u are not required to sign the certification,but you must provide your correct TIN.See the instructions on page 3. Sign Signature of 111110 Z-''-/ / yr Here U.S.person i Date► General Instructions •Form 1098(home mortgage interest),1098-E(student loan interest),1098-T (tuition) Section references are to the Internal Revenue Code unless otherwise noted. •Form 1099-C(canceled debt) Future developments.Information about developments affecting Form W-9(such •Form 1 099-A(acquisition or abandonment of secured property) as legislation enacted after we release it)is at www:irs.govlfw9. Use Form W-9 only if you are a U.S.person(including a resident alien),to Purpose of Form provide your correct T1N. If you do not return Form W-9 to the requester with a TIN,you might be subject An individual the e IRS entity(Form W-9 your requester)correc)who is er identification to do an umber(TIN) to backup withholding.See What is backup withholding?on page 2. return with the SRS must obtain your correct taxpayer identification number(TIN} which may be your social security number(SSN),individual taxpayer identification By signing the filled-out form,you: number(ITIN),adoption taxpayer identification number(ATIN),or employer 1,Certify that the TIN you are giving is correct(or you are waiting for a number identification number(EIN),to report on an information return the amount paid to to be issued), you,or other amount reportable on an information return.Examples of information 2.Certify that you are not subject to backup withholding,or returns include,but are not limited to,the following: •Form 1099-1NT(interest earned or paid) 3.Claim exemption from backup withholding if you are a U.S.exempt payee.If applicable,you are also certifying that as a U.S.person,your allocable share of •Form 1099-DIV(dividends,including those from stocks or mutual funds) any partnership income from a U.S.trade or business is not subject to the •Form 1099-MISC(various types of income,prizes,awards,or gross proceeds) withholding tax on foreign partners'share of effectively connected income,and •Form 1099-8(stock or mutual fund sales and certain other transactions by 4.Certify that FATCA code(s)entered on this form(if any)indicating that you are brokers) exempt from the FATCA reporting,is correct.See What is FATCA reporting?on •Form 1099-S(proceeds from real estate transactions) page 2 for further information. •Form 1099-K(merchant card and third party network transactions) Cat.No.10231X Form W-9(Rev.12-20t4) VII,,,,,:liv. - '-''`-`, 1/4 CITY OF ATLANTIC BEACH 800 SEMINOLE ROAD ATLANTIC BEACH,FLORIDA 32233-5445 247-5819 TELEPHONE(904)247-5880 WWW.COAB.US New Vendor Information Request Form Please complete and return with all other bid documents W. Alan Winter, Esq. , a/k/a W. Alan Winter, Esquire, P.A. Vendor Name(as it should appear on Purchase Orders and Check Payments) 310 Third Street, Neptune Beach, FL 32266 Remit To Address Same Physical Address(if different from remittance) Company Phone: 9 04-242-0222 Company Fax: 9 04-242-7051 Company Website: www.winterlawfirm.com Point Of Contact Information:. N 114 rjilkb ame: W. Alan Winter, Esq. E-Mail Address: awinter@winterlawfirm.com Phone: 904-242-0222 Fax: 904-242-7051 Should Purchase Orders be faxed or e-mailed? Provide correct information for either choice. email to awinter@winterlawfirm. com Winter Law Firm PROFESSIONAL ASSOCIATION 310 THIRD STREET NEPTUNE BEACH, FLORIDA 32266 TELEPHONE I904)242-0222 W ALAN WINTER FAX(904) 242-7051 awrter@winterlawfirm corn CURRICULUM VITAE W. ALAN WINTER, ESQUIRE, BACKGROUND: Born Phoenixville, Pennsylvania, December 02, 1950. Graduated from Phoenixville Area High School, June, 1968. Enlisted in and was honorably discharged from the United States Coast Guard with service in radio and electronics from September 1968 through September of 1972. Have resided in Atlantic Beach, Florida since graduation from law school. Father of son, Joseph William Winter,VI,born February, 1990. Active in community affairs, boating, golf,University of Florida Alumni Affairs; attorney for Town Center merchant's association. EDUCATION: Bachelor of Arts in Science, Jacksonville University, Jacksonville, Florida, April, 1972. Juris Doctor, Holland Law Center, University of Florida, Gainesville, Florida, May, 1983. BAR ADMISSIONS AND ASSOCIATIONS: Admitted to practice law in Florida. Admitted to Federal Court, Middle District of Florida. Admitted to Federal Court,Northern District of Florida. Phi Delta Phi,Vice Magister, Holland Law Center. Member, Jacksonville Bar Association. Member, The Association of Trial Lawyers of America. Past member, Jacksonville Defense Lawyers Association. Page 1 of 2 LEGAL EXPERIENCE: Assistant State Attorney, Fourth Judicial Circuit of Florida (Duval, Clay and Nassau),from August, 1983 through April, 1986. Associate at Cowles, Hayden, Facciolo & Barfield, Jacksonville, Florida from April 1986 through August, 1992. Principal, former and incorporator of W. Alan Winter, Esquire P.A. d/b/a The Winter Law Firm from August, 1992 to present. The firm was originally located at 1200. Riverplace Boulevard in Jacksonville, Florida from August of 1992 through April, 2000. Since April, 2000 the firm has been located in Neptune Beach, Florida. Experienced in jury and non jury trials in all Florida State and Federal Courts including insurance defense, insurance declaratory actions, commercial matters, criminal and civil litigation. Full complement of paralegal support; legal research capability in house for Florida and Federal case law. First chair of more than one- hundred and twenty (120) civil trials in Florida from June, 1988 through May, 2013. Experienced also in probate matters and estate planning, criminal law and commercial litigation. Page 2 of 2 Winter 11-4aW Firm