Lewis Longman & Walker, P.A.- RFP 16-02
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TAB 1
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TABLE OF CONTENTS
Page
TAB 1
Title Page
Cover Letter
Table of Contents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
Firm Information. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
TAB 2
Experience of the Firm . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
Governmental Agencies for which the Firm has Provided Legal Services. . . . . . . . . . 6
Judgments & Lawsuits against the Firm in Last Five Years. . . . . . . . . . . . . . . . . . . . . 12
Lobbyists Employed by the Firm . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
TAB 3
Experience of the Attorneys
Management and Technical Approach . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
The Atlantic Beach Team . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
Supervising Attorney and Recent Experience. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
Team Attorneys – Recent Experience. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
Biography for Brenna M. Durden. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
Resumes for All Atlantic Beach Team Attorneys . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
TAB 4
Fee Proposal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
TAB 5
References. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
TAB 6
Required Documents. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
Document Requirements Checklist
Signature Sheet
Drug Free Workplace
Public Entity Crimes Statement
Non-Collusion Affidavit
Form W-9
New Vendor Information
Conflict of Interest Statement
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NAME OF FIRM:
LEWIS, LONGMAN & WALKER, P.A.
TEAM OF ATTORNEYS:
Brenna M. Durden (Jacksonville)
Wayne E. Flowers (Jacksonville)
John L. (“Jack”) McWilliams (Jacksonville)
Glenn Thomas (Tallahassee)
Jennifer Cowan (Tampa Bay)
FIRM ESTABLISHED:
1994
LOCATIONS OF OFFICES:
West Palm Beach – established 1994
Tallahassee – established 1994
Jacksonville – established 1996
Tampa Bay – established 2004
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TAB 2
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EXPERIENCE OF THE FIRM
Lewis, Longman & Walker, P.A. (“LLW” or the “Firm”), is pleased to respond to the City's
request for a proposal to serve as City Attorney to the City of Atlantic Beach, Florida (“City”).
Please do not hesitate to contact us if any additional information is needed in order to assess
LLW’s qualifications to serve the City as its legal counsel.
Governmental Practice
We know government. Many of our attorneys have worked inside state agencies and local
governments. We know the issues faced by governments, the special challenges and the special
trust they hold to protect the public interest. This is not some abstract concept for us, it’s part of
what we do—part of who we are. That’s why we see the issues of local governments differently.
For over 20 years, our attorneys have developed an in-depth understanding of the issues affecting
governments and have applied that understanding in innovative and cost-effective approaches to
legal challenges, finding mutually beneficial resolutions to disagreements, including
intergovernmental disputes and mediations. Our litigators also defend governments and special
districts as necessary.
We have served as general and special counsel for Florida cities, counties, school boards, charter
schools, value adjustment boards and special districts. Our special district clients include fire
districts, community development and redevelopment districts, mosquito control districts, major
airports, utilities, deepwater ports and regional drainage and water management districts. We
have attorneys that are board certified by the Florida Bar of Legal Specialization and Education
in City, County and Local Government Law.
We have been actively involved in the development and implementation of every significant
special district statute enacted by the Florida Legislature. Our attorneys have successfully
worked to codify the special acts and charters governing more than 30 special districts. In 2010,
Terry E. Lewis was awarded the Lifetime Achievement Award by the Florida Association of
Special Districts for his 30 years of service to them. In 2015, Terry E. Lewis received the Florida
Bar’s City, County and Local Government Law Section’s Ralph A. Marsicano Award for his
contributions to local government law. The award is the oldest and most prestigious given out by
the Section.
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Employee relations and benefits are critical to the success of any organization. Although Florida
is an “at-will” employment state, employers must deal with many complex federal and state laws
that govern nearly every aspect of the employer-employee relationship.
We provide our government and special district clients advice and counsel on:
Ad Valorem Taxes and Non-Ad Valorem Assessments
Avoidance of Employment Claims
Brownfields, Hazardous Waste Contamination and Remedial Actions
Climate Change and Sustainability
Compliance with Federal and State Regulations
Condemnation and Inverse Condemnation Actions
Community Redevelopment
Constitutional Issues
Defense Against Wrongful Termination, Discrimination, Sexual Harassment and
Whistleblower Claims
Environmental Issues
Energy and Renewable Energy
Growth Management and Local Comprehensive Planning
Intergovernmental Relations and Agreements
Labor and Employment Matters
Land Use Matters
Legislative Representation
Litigation in State, Federal and Administrative Proceedings
Local, State, and Federal Permitting
Preparation and Revision of Personnel Policies
Public Finance and Bond Matters
Public Infrastructure
Public Records, Sunshine and Ethics Law
Public Procurement and Bid Protests
Public Property Acquisition and Pre-Purchase Due Diligence
Rule Development
School Board and Charter School Issues
Workplace-Related Litigation
Ability for LLW and the Team for Atlantic Beach to Handle Matters Timely
LLW is committed to client service. The depth of experience within the Firm and its strategic
locations around the state, including the state capital, allows the Firm to react quickly, efficiently
and in person for a client anywhere in the state. Our attorneys, including the Team for Atlantic
Beach would be available to the City 24 hours a day, 7 days a week, 365 days a year. We are
available via email and via cell phone. LLW commits to provide service as requested at the
City’s Commission meetings, Code Enforcement Board meetings, Community Development
Board meetings and other Board or staff meetings, as requested.
Statement of Disclosure
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LLW does not have any fee sharing arrangement with any other law firm, management service,
or fee referral arrangement with any other law firm or attorney in connection with this matter.
To avoid real or perceived conflicts of interest, LLW will not represent an employee of the City
or immediate family members in any matters not related to LLW’s engagement with the City, if
selected as City Attorney.
Professional Standards
LLW prides itself on maintaining high professional standards. LLW is a Top Ranked Law Firm
by Martindale-Hubbell—which is the highest rating Martindale-Hubbell awards. To make this
list, at least 10 percent of a firm’s attorneys must have achieved an AV Preeminent rating. At
LLW, more than half of the attorneys have achieved this rating. Additionally, LLW has achieved
the highest possible Band 1 rating by Chambers and Partners in Environmental Law and five
LLW attorneys are also recognized in the Chambers USA Guide for their achievement in law.
LLW has been listed as a Best Law Firms by U.S. News Media Group and Best Lawyers® since
2010, receiving Tier 1 rankings in Environmental Law and Environmental Litigation.
Additionally, eight LLW attorneys have been named Best Lawyers—three of those eight have
been named Lawyer of the Year. Ten attorneys have been listed as Florida Super Lawyers; seven
attorneys have been named Legal Elite by Florida Trend Magazine; seven attorneys have been
listed in The International Who’s Who of Environment Lawyers. LLW has board-certified
attorneys in the areas of: State and Federal Government and Administrative Practice; Real
Estate; and City, County and Local Government Law. If given the opportunity, LLW commits to
maintaining high professional standards in representing the City.
LLW Communication – Working Closely with the City Manager and Committee
LLW is committed to developing a system to track all open legal matters that will work best for
the City. With some governmental clients, we have provided written monthly, quarterly or
annual updates on all legal matters. However, depending on the nature of the legal issue and the
client, more frequent verbal updates may be warranted. We recognize the challenges City
officials and staff face in obtaining and maintaining privileged or confidential information and
we will work with the City to keep officials and staff informed and up-to-date, in compliance
with the law and without jeopardizing legal strategy.
LLW understands that it takes a team to run a City and that the City Manager is your chief
administrative officer. We look forward to working closely with the City Manager and any other
designated staff/Board or Committee to ensure that the City’s legal needs are addressed
Attached as part of this Tab 2 is a list of Governmental Agencies for which the Firm has
provided legal services.
Additional information regarding the detailed experience of the Atlantic Beach Team is included
in Tab 3.
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I. GOVERNMENTAL AGENCIES FOR WHICH THE FIRM
II. HAS PROVIDED LEGAL SERVICES
FIRM CLIENTS
City and Local Government Representation – General and Special Counsel
Atlantic Beach, City of
Boynton Beach, City of
Bradenton, City of
Fort Myers, City of
Grant Valkaria, Town of
Green Cove Springs, City of
Highland Beach, Town of
Jacksonville Beach, City of
Jacksonville, City of
Jupiter, Town of
Lake Park, Town of
Lake Worth, City of
Marco Island, City of
Miami Beach, City of
Monroe County
North Miami, City of
Ocean Ridge, Town of
Palm Beach County
Panama City, City of
Pompano Beach, City of
Port St. Lucie, City of
Punta Gorda, City of
Riviera Beach, City of
Treasure Island, City of
West Palm Beach, City of
Community Redevelopment Agencies – General and Special Counsel
Boynton Beach Community Redevelopment Agency
City of Bartow Community Redevelopment Agency
City of Hollywood Beach Community Redevelopment Agency
Delray Beach Community Redevelopment Agency
Ft Walton Beach Community Redevelopment Agency
Riveria Beach Community Redevelopment Agency
Westgate/Belvedere Homes Community Redevelopment Agency
West Palm Beach Community Redevelopment Agency
Community Development District – General Counsel and Special Counsel
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Bonita Village Community Development District
CityPlace Community Development District
Creekside Community Development District
Flow Way Community Development District
Lake St. Charles Community Development District
Lexington Community Development District
Myakka Ranch Community Development District
Old Palm Community Development District
Portofino Shores Community Development District
Quantum Community Development District
River Place on the St. Lucie Community Development District
Sunnyland Farms Community Development District
Counties and County Departments – Special Counsel
Broward County
Charlotte County School Board
District School Board of Collier County
Flagler County
Hollywood Employees’ Retirement Fund
Leon County
Monroe County
Nassau County
Nassau County Value Adjustment Board
Okaloosa County Board of County Commissioners
Orange County
Palm Beach County Clerk of Court
Palm Beach County Department of Airports
Palm Beach County Supervisor of Elections
Pasco County
Sarasota County
St. Augustine Police Pension Board
St. Johns County
St. Johns County Tax Collector
St. Lucie County
General Counsel — Special Districts (Current Clients)
Association of Special Districts (not a government entity, but comprised of
government entity members)
Big Corkscrew Island Fire Control District
Bonita Springs Fire Control & Rescue District
Bonita Village Community Development District
Cedar Hammock Fire Control District
Central County Water Control District
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Citrus County Mosquito Control District
CityPlace Community Development District
Clewiston Drainage District
Cold Springs Improvement District
County Line Drainage District
Cow Slough Water Control District
Creekside Community Development District
Disston Island Drainage District
Duette Fire & Rescue District
East Beach Water Control District
East Charlotte Drainage District
East Lake Tarpon Special Fire Control District
East Shore Water Control District
Flaghole Drainage District
Flagler Estates Road and Water Control District
Fort Myers Beach Fire Control District
Holley Navarre Fire Control District
Immokalee Fire Control District
Iona McGregor Fire District
Joshua Water Control District
Lake St. Charles Community Development District
Lee County Mosquito Control District
Lehigh Acres Fire Control & Rescue District
Lexington Community Development District
Midway Fire Control District
Municipal Service District of Ponte Vedra Beach
North Ft. Myers Fire Control & Rescue District
North River Fire District
Old Palm Community Development District
Pahokee Water Control District
Palm Harbor Special Fire Control District
Parrish Fire District
Pelican Lake Water Control District
Pinellas Park Water Management District
Plantation Acres Improvement District
Ponte Vedra Beach Municipal Service District
Port of Palm Beach
Port of St. Joe Port Authority
Portofino Shores Community Development District
Ranger Drainage District
River Place on the St. Lucie Community Development District
San Carlos Park Fire Protection & Rescue District
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Sebastian Inlet District Commission
Sebastian River Water Control District
Seminole Improvement District
South Broward Drainage District
South Central Regional Wastewater Treatment and Disposal Board
South Indian River Water Control District
South Shore Drainage District
Spring Hill Fire and Rescue District
St. Augustine – St. Johns County Airport Authority
St. Johns Water Control District
Sunnyland Farms Community Development District
Sunshine Water Control District
Tesoro Community Development District
West Manatee Fire & Rescue District
Special Counsel – Special Districts
Barron Water Control District
Bayshore Fire Protection & Rescue District
Collier Mosquito Control District
East County Water Control District
East Lake Fire Control District
East Manatee Fire Rescue District
East Naples Fire Control & Rescue District
Englewood Area Fire Control District
Fellsmere Water Control District
Florida Keys Mosquito Control District
Flow Way Community Development District
Golden Gate Fire Control & Rescue District
Immokalee Water and Sewer District
Jupiter Inlet District
Lake Worth Drainage District
Lealman Fire Control District
Marco Island Fire Control District
Matlacha Pine Island Fire Control District
Midway Fire Control District
North Bay Fire District
North Naples Fire Control & Rescue District
Northern Palm Beach County Improvement District
Okeechobee Utility Authority
Old Plantation Water Control District
Pinellas Suncoast Fire District
Quantum Community Development District
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St. Lucie County Erosion Control District
Sanibel Fire and Rescue District
South Florida Conservancy District
South Trail Fire Protection and Rescue District
South Walton County Mosquito Control District
Southern Manatee Fire Control & Rescue District
Southwest Florida Water Management District
Spring Lake Improvement District
Sun 'N Lakes Improvement District
Valencia Water Control District
West Coast Inland Navigation District
State Agencies
State Board of Administration
Florida Department of Transportation
Florida Department of Education
Airport Authorities
Panama City Airport Authority
St. Lucie County Port and Airport Authority
Broward County
Port Authorities
Canaveral Port Authority
Jacksonville Port Authority
Manatee County Port Authority
Panama City Port Authority
Port of Pensacola
Pension Matters
Altamonte Springs, City of
Apopka, City of
Avon Park, City of
Boca Raton, City of
Casselberry, City of
Cocoa Beach, City of
Coral Gables, City of
Davie, Town of
Defuniak Springs, City of
Delray Beach, City of
Deltona Beach, City of
Fort Walton Beach, City of
Gainesville, City of
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Haines City, City of
Hialeah City, City of
Homestead, City of
Key West, City of
Kissimmee, City of
Lake Wales, City of
Lakeland, City of
Largo, City of
Live Oak, City of
Longboat Key, Town of
Miami, City of
Miami Beach, City of
Mount Dora, City of
Naples, City of
North Port, City of
Oakland Park, City of
Orlando, City of
Palm Beach Gardens, City of
Pensacola, City of
Plant City, City of
Port Orange, City of
Saint Augustine, City of
Sunrise, City of
Wellington, Village of
Winter Springs, City of
Other
Jacksonville Electric Authority
Peace River Manasota Regional Water Supply Authority
Treasure Coast Regional Planning Council
Seminole Tribe of Florida
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JUDGMENTS AND LAWSUITS AGAINST THE FIRM
IN LAST FIVE YEARS AS OF FEBRUARY 24, 2016
Mark Young V. Robert Diffenderfer
Date of claim: November 7, 2014
Amount of claim: $100.00
Summary of complaint: Claimant alleged Robert Diffenderfer defamed him in a response
letter expressing concerns about the Minto West development project arguing that the
project could potentially have negative affect on the drainage of groundwater in nearby
areas following major storms.
Status: File was dismissed without prejudice by the circuit court of Palm Beach County
on January 26, 2015. Claimant has filed an appeal to the decision. On September 15,
2015 claimant withdrew complaint and issued a letter of apology to all defendants.
Jeff Paglialonga V. Lori Killinger
Date of claim: June 17, 2015
Amount of claim: No damages were identified.
Summary of complaint: Claimant alleged that Lori Killinger defamed him as a board
member of the Florida Vacation Rental Managers Association (FVRMA).
On July 23, 2015 we advised the attorney representing the claimant that Lori Killinger is
not and never was a board member of FVRMA. This is verified by the corporate records.
Further, Ms. Killinger has no knowledge of any comments or discussions by FVRMA
Board members regarding the claimant. As of this date, we have not received any
response nor has there been any further action.
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LOBBYISTS EMPLOYED BY THE FIRM
NAME LOBBY AREAS
Lori E. H. Killinger
Water, Fire Control, Rescue, Wetland Mitigation, Special Districts,
Health-Related Professional Associations, Library Association,
Manufactured Housing, Mosquito Control and Invasive Plant
Management, Vacation Rental, Human Rights Organizations, Port,
Firefighters, Gasoline Stations, Housing Developers, St. Lucie County
and Community Associations
Terry E. Lewis Water, Fire Control, Rescue, Wetland Mitigation, Special Districts,
Health-Related Professional Associations, Library Association,
Manufactured Housing, Mosquito Control and Invasive Plant
Management, Vacation Rental, Human Rights Organizations, Port,
Firefighters, Gasoline Stations, Housing Developers, St. Lucie County
and Community Associations
James W. Linn Healthcare, Professional Organizations, Special Districts, Business
Associations
M. Christopher Lyon Water, Fire Control, Rescue, Wetland Mitigation, Special Districts,
Health-Related Professional Associations, Library Association,
Manufactured Housing, Mosquito Control and Invasive Plant
Management, Vacation Rental, Human Rights Organizations, Port,
Firefighters, Gasoline Stations, Housing Developers, St. Lucie County
and Community Associations
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TAB 3
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EXPERIENCE OF THE ATTORNEYS
MANAGEMENT AND TECHNICAL APPROACH
A. Staffing Level - Team for Atlantic Beach
For more than 20 years, the attorneys at LLW have helped governments to shape Florida's future.
We are proud to offer our services and our team of well-known and respected attorneys to assist
the City of Atlantic Beach with its legal needs. To ensure that all of the needs of the City are met,
we have put together the “Team for Atlantic Beach.” We believe that this team of experienced,
qualified, and specialized attorneys will best be able to serve all the legal needs of the City. Our
team for Atlantic Beach consists of the following LLW attorneys:
Brenna Durden – City Attorney, who will sit with the City Commission and other Boards,
as requested, advise City Commission members, the City Man ager, and staff on a day-to-
day basis.
Wayne Flowers* – To serve as primary backup to the City Attorney on any general
governmental matter, including personnel matters, and who specializes in litigation,
administrative law and environmental law, including beach protection and permitting,
coastal construction, submerged lands, wetlands, water quality and wasterwater.
Jack McWilliams – Specializes in public finance and bond matters.
Glenn Thomas* – Specializes in labor and employment matters, public pensions, and
general governmental matters.
Jennifer Cowan* - Specializes in local government law, and labor and employment
matters.
*Board Certified in City, County, and Local Government.
Depending on availability, Glenn Thomas, Wayne Flowers or Jennifer Cowan would serve as
labor counsel. The resume of each of the Team members is enclosed as part of this Tab 3. LLW
is willing to maintain the staffing level proposed during the term of any contract awarded.
In addition, LLW has many other highly skilled attorneys that it may utilize in providing legal
service to the City, depending on the specific need of the City. A complete listing of all LLW
attorneys can be found at our website www.llw-law.com.
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Organization Chart of Team
B. Supervising Attorney and Experience
Ms. Durden’s practice focuses on land use, environmental and administrative law . Ms.
Durden has served as special counsel to local governments and public agencies in matters
concerning annexations, Charter matters, hazardous waste and remediation issues, water supply,
wastewater matters, community redevelopment, historic preservation, real estate matters,
development agreements, public records and Sunshine Law. Ms. Durden has significant
experience in drafting and revising ordinances, resolutions, codes and other laws and regulations,
such as comprehensive plans and land development regulations. She has represented private
clients before various county and municipal governments concerning Developments of Regional
Impact (DRIs), Notices of Proposed Change (NOPCs), comprehensive plan amendments, school
and transportation concurrency matters, zoning issues, impact fees, stormwater and wastewater
regulations, wetland permitting and enforcement actions, solid waste and community
redevelopment projects. Ms. Durden is a resident of Duval County where she serves as a member
of the City of Jacksonville’s Downtown Investment Authority. Ms. Durden holds an AV rating
from Martindale-Hubbell, is listed in Best Lawyers in America in Land Use and Zoning, Real
Estate and Real Estate Litigation for many years, and has lectured and instructed local
government officials in public records, Sunshine Law, land use, comprehensive planning and
zoning law.
In the past several years, Ms. Durden has served as special counsel and provided legal counsel
and advice to the following governmental agencies:
City of Jacksonville Beach – land use, alternative dispute resolution, zoning and related
litigation matters
City of Green Cove Springs – development agreements, land use and comprehensive
planning, annexation issues
University of Central Florida – land use, campus master planning, environmental issues,
wetlands permitting and administrative law and litigation
City of Atlantic Beach -City
Attorney, Brenna Durden
Primary Backup/Supporting
Attorney, Wayne Flowers
Additional Supporting Attorneys,
Jack McWilliams, Glenn Thomas,
Jennifer Cowan
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JEA – hazardous waste and remediation issues, environmental law and related litigation
issues
Jacksonville Port Authority – stormwater, wetlands, port master planning and
comprehensive plans
Florida Polytechnic University – land use, campus master planning, public hearing
procedures
Florida State College at Jacksonville – environmental law and litigation matters
Jacksonville Aviation Authority – land use matters
C. Atlantic Beach Team Attorneys – Recent Experience
Wayne Flowers has provided legal counsel and advice to the following governmental agencies:
State Board of Administration (Florida), Florida Hurricane Catastrophe Fund -
Representation in challenge to rule adopted by SBA for FHCF; representation on
challenge to FHCF authority to require payment of premiums by insurance companies
receiving reimbursement coverage from FHCF/SBA; negotiation of settlement
agreements resolving challenge related to premiums payments
Flagler County, Florida - Representation of County before Florida Land and Water
Adjudicatory Commission in challenge to County decision to deny comprehensive plan
amendment and DRI revision requested by developer granted DRI
Orange County, Florida - Representation (ongoing) of County in litigation by and against
the County’s water utility department concerning consumptive use permits and
development of alternative water sources
St. Johns County, Florida - Representation of County (ongoing) regarding contamination
on County property caused by prior owner; representation of County on petition for writ
of certiorari and lawsuit alleging County non-compliance with comprehensive plan
related to denial by County of rezoning request for major development
Clay County Charter Review Commission - Counsel to Charter Review Commission on
its scheduled 2014 review of the County’s Charter
City of Green Cove Springs, Florida - Representation in contract dispute regarding
provision of architectural services to the City pursuant to contract between City and
architectural firm; advice on election law issues
City of Port Orange, Florida - Provided advice and representation related to alleged non-
compliance of City’s wastewater treatment facility with FDEP permit requirements
City of Wildwood, Florida - Represented City in challenge to City’s consumptive use
permit application and lawsuit claiming damages related to presence of City’s well on
private landowner’s property
Jacksonville Port Authority - Provided advice related to environmental resource permit
application sought by JPA for major terminal facility
Anastasia Mosquito Control District (St. Johns County, Florida) - Serves as General
Counsel to District
Harbour Waterway Special District (Duval County, Florida) - Serves as General Counsel
to District
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Isle of Palms Special District (Duval County, Florida) - Serves as General Counsel to
District
Lake Asbury Municipal Service Benefit District (Clay County, Florida) - Serves as
General Counsel to District
Millers Creek Special District (Duval County, Florida) - Serves as General Counsel to
District
Municipal Service District of Ponte Vedra Beach, Florida (St. Johns County, Florida) -
Serves as General Counsel to District
Pioneer Community Development District - Represented PCDD in challenge by third
party to environmental resource permit issued to PCDD by the St. Johns River Water
Management District for 2.5 mile road segment to be built for and transferred to Volusia
County
Northwest Florida Water Management District - Represented Governing Board of
NFWMD for purpose of drafting and providing advice on entry of final order following
administrative hearing on consumptive use permit proposed for issuance to a County
government
Jack McWilliams has provided legal counsel and advice to the following governmental agencies:
City of Atlantic Beach – Bond Counsel
Florida Green Finance Authority – Bond Counsel
Treasure Coast Regional Planning Council – Bond Counsel
City of Hialeah – Disclosure Counsel
Jennifer Cowan has provided legal counsel and advice to the following governmental agencies:
Manatee County Port Authority – Serves as General Counsel
Pinellas Park Water Management District – Serves as General Counsel and Labor
Counsel
City of Treasure Island – Serves as City Attorney
Pinellas Suncoast Fire and Rescue District –Special Counsel for litigation matters
City of North Port –Special Counsel for public pension matters
City of Venice - Special Counsel for public pension matters
City of Sarasota – Special Counsel for public pension matters
Tampa Bay Library Consortium – Special counsel for procurement and contract matters
Glenn Thomas has provided legal counsel and advice as special counsel to the following
governmental agencies for labor and employment, pension matters, collective bargaining and
union negotiations:
City of Largo
City of Bradenton
City of Safety Harbor
City of Temple Terrace
City of Arcadia
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City of Plantation
City of Cocoa
Town of Ocean Ridge
Destin Fire Control District
City of Defuniak Springs
Leon County, Florida
San Carlos Park Fire Protection & Rescue District
A complete list of governmental entities the Firm has provided legal counsel and advice to is
included in Tab 2.
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Biography
Ms. Durden has substantial experience in land use, environmental and
administrative law. She represents public and private clients in matters
related to land development, community redevelopment, real estate
transactions, hazardous materials, brownfields, contamination and remedial
actions, solid waste and air quality regulation. Ms. Durden has experience in
transactional due diligence, administrative, environmental and land use
litigation. She is AV-Rated by Martindale-Hubbell and has been listed in the
Best Lawyers in America in the areas of Land Use and Zoning Law, Real
Estate Law, and Real Estate Litigation for many years.
Ms. Durden has served on the Board of Directors for the Florida
Redevelopment Association since 2010, on the Board of the First Coast
Manufacturers Association until December, 2015 and is a current member
of the Management Committee for the Urban Land Institute North Florida
District where she chairs the Women’s Leadership Initiative Committee. In
January 2016, she was appointed by the City of Jacksonville to the
Downtown Investment Authority.
Previously, Ms. Durden served as a co-chair for the Urban Land Institute’s
Reality Check First Coast. In August 2011, she was tapped for Leadership
Florida’s Class XXX. She previously chaired the Jacksonville Community
Council’s 2002 Clean City Study and is a former President of the Florida
Planning & Zoning Association (Northeast Chapter) and former Chair of the
Jacksonville Bar Environmental and Land Use Law Section for the Florida
Redevelopment Association. Prior to entering law school, she was a city
planner, working in San Luis Obispo, California and Sarasota, Florida. Ms.
Durden is a 1985 graduate of the University of Florida College of Law.
Brenna Malouf Durden
Shareholder
Email
bdurden@llw-law.com
Phone
904.353.6410
Office
245 Riverside Avenue
Suite 150
Jacksonville, FL 32202
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AREAS OF PRACTICE
Land Use, Environmental, Administrative, Local Government & Special Districts, Real Estate,
Legislative & Governmental Affairs
Represents public and private clients in matters related to land development, community
redevelopment, transportation, zoning, comprehensive planning, campus master plans, water supply,
port plans, real estate transactions, developments of regional impact, vested rights and concurrency,
historic preservation, water law (surface and groundwater, stormwater management, consumptive use,
wetlands and submerged lands), hazardous materials and contamination, remedial actions, solid waste,
underground storage tanks and wastewater disposal.
Clients include landowners, developers, local governments, banks, manufacturers and educational
facilities.
Diverse experience with entitlements, permitting, compliance, transactional due diligence, litigation
(including land use, Superfund and enforcement litigation), legislation and administrative rule making.
Frequent speaker at statewide conferences on land use and environmental subjects.
PRIOR PROFESSIONAL EXPERIENCE
Shareholder/Associate, Mahoney, Adams & Criser, P.A., 1987-1997.
Assistant Counsel, Office of General Counsel, City of Jacksonville, 1985-1987.
City Planner, San Luis Obispo, California, and Sarasota Florida, 1977-1983.
PROFESSIONAL, CIVIC AND COMMUNITY INVOLVEMENT
Holds a Martindale Hubbell AV® Preeminent™ Peer Review Rating.
Listed in Best Lawyers in America, Real Estate Law and Real Estate Litigation since 2006, Land Use
and Zoning Law, 2009-2010, 2013-present.
Board Member, Downtown Investment Authority, City of Jacksonville, January 2016 – Present.
Florida Redevelopment Association
Brenna Malouf Durden
Shareholder
Jacksonville
(904) 353-6410
bdurden@llw-law.com
00621461-1 21
o Northeast Florida Regional Representative, 2005-2010.
o Board of Directors, 2010-Present; Treasurer-currently.
Member, Northeast Florida League of Cities, 1995-Present.
Board Member, Northwest Jacksonville Economic Development Trust Fund Advisory Board, 2010-
January 2016.
Board Member, First Coast Manufacturers Association, Board of Directors, 2013-2015.
Board Member, Greater Jacksonville Agricultural Fair, Board Member, 2003-2012.
Leadership Florida, Class XXX (2012).
Leadership Jacksonville, Class of 1998.
Urban Land Institute North Florida District Council
o Chair, Women’s Leadership Initiative Committee, Fiscal Year 2015-2016.
o Management Committee, 2013-Present.
o Advisory Board, 2010-Present.
o Treasurer, 2005-2010.
o Co-Chair, Reality Check First Coast, a regional visioning initiative, 2008-2009.
Northeast Florida Regional Transportation Study Commission, Planning Committee Member, 2011-
2013.
Member, The Florida Bar: Environmental and Land Use Law Section; City, County and Local
Government Law Section; and Administrative Law Section.
Member, Jacksonville Bar Association; former Chair, Environmental and Land Use Law Section,
2000-2001.
Co-Author: Waiting for the Go: Concurrency, Takings and the Property Rights Act, Nova Law
Review, Vol. 20, No. 2, Winter 1996.
Jacksonville Regional Chamber of Commerce, Chair, Speaker’s Bureau for the “Vote No on
Amendment 4” Campaign, 2009-2010.
Jacksonville Community Council, Inc., Chair, “Making Jacksonville a Clean City” Study, 2002.
Legal Counsel (Pro-Bono), Jacksonville Beach Elementary Preservation Fund, Inc. Rhoda L. Martin
Cultural Heritage Center, 2000-Present.
Member, Jacksonville Women’s Network.
Member, American Planning and Florida Planning & Zoning Associations.
EDUCATION
J.D., University of Florida College of Law, 1985.
California Polytechnic University, Post-Graduate Studies in Urban & Regional Planning, 1978-1980.
B.A., University of South Florida, 1974.
00621461-1 22
AREAS OF PRACTICE
Governmental Law, Environmental Law, Water Law
Provides advice and training to local governments on Sunshine Law, Conflicts of Interest and Ethics.
Serves as special counsel for municipalities (Atlantic Beach, Jacksonville Beach, Green Cove Springs,
City of Wildwood, Port Orange) on variety of topics, including utility service area disputes, election
law issues, contractual disputes, environmental permitting, charter revision issues).
Serves as special counsel to Counties (Flagler County, St. Johns County, Orange County) on variety of
topics including land use litigation, hazardous waste issues, resolution of intergovernmental disputes,
water use litigation.
Serves as general counsel to independent and dependent special districts (Municipal Service District of
Ponte Vedras Beach, Anastasia Mosquito Control District, Lake Asbury Municipal Service Benefit
District, Harbour Waterway Special District, Isle of Palms Special District, Millers Creek Special
District) on general governmental issues including Sunshine Law, Public Records Law, budgeting
process, ad valorem taxation, non-ad valorem assessments, public finance, Chapter 112, Fla. Stat.
ethics requirements, election law issues, public bidding and contracting requirements.
Serves as special counsel to state agencies (Florida Department of Transportation, State Board of
Administration, Florida Hurricane Catastrophe Fund, Northwest Florida Water Management District)
on variety of issues including environmental litigation, administrative law litigation, and entry of final
orders following administrative hearings.
Served as legal counsel to Clay County Charter Revision Commission for 2014 review of Clay County
Charter.
Drafts and negotiates interlocal agreements between counties, cities and special districts.
Represents private and public sector clients on environmental permitting issues before federal, state,
regional and local permitting agencies, including issues concerning:
o Public Water Supply/Consumptive Use of Water
o Wetlands
o Endangered species
o Sovereign submerged lands
WAYNE E. FLOWERS
Shareholder - Jacksonville
(904) 353-6410
wflowers@llw-law.com
00621461-1 23
o Water quality, including storm water management
Represents public and private parties on Sunshine Law and Public Records Law litigation.
PRIOR EXPERIENCE AND CERTIFICATIONS
General Counsel, St. Johns River Water Management District, 1988-1996.
More than 40 years of legal experience.
Board certified by Florida Bar as specialist in City, County and Local Government Law.
Board certified by Florida Bar as specialist in State and Federal Administrative Law and Practice.
Martindale-Hubbell, AV Rating; Listed in “Best Lawyers in America” 2006-Present (environmental
law, water law; Jacksonville Lawyer of the Year in Environmental Law, 2014, 2016); designated
Florida Super Lawyer 2007-Present (environmental litigation).
Member of Florida Bar 1975-Present.
PROFESSIONAL, CIVIC AND COMMUNITY INVOLVEMENT
Former Member (2001-2013) and Chair (2006-2008), St. Johns County Housing Finance Authority
2001-2013.
Member, Florida Bar Sections on Environmental and Land Use Law, Administrative Law, and City,
County and Local Government Law.
Board Member, former Advancement Committee Chair, University of North Florida Foundation.
President, Board of Trustees (2013-2016), St. Augustine Presbytery, Presbyterian Church U.S.A.
EDUCATION
B.A., with high honors, University of Florida, 1973.
J.D., with honors, University of Florida, College of Law, 1975.
00621461-1 24
Areas of Practice
Public Finance Practice Group
Serves as disclosure counsel and bond counsel to public sector clients, including cities, counties,
school districts, authorities, agencies and special districts.
Serves investment banks and underwriters as underwriter’s counsel and commercial banks as
bank counsel and trustee’s counsel in public finance transactions.
Represents public sector clients in connection with continuing disclosure compliance under SEC
Rule 15c2-12.
Represents underwriters and independent financial advisors with respect to registration,
compliance, inspection and examination under the SEC’s Registration of Municipal Advisors
Rule.
Represents public sector clients, underwriters, financial advisors and banks in SEC investigations,
administrative proceedings and civil injunctive actions.
Prior Professional Experience
Securities and Exchange Commission, Office of Municipal Securities, Attorney Fellow, 2010-
2013.
Livermore, Freeman & McWilliams, P.A., Partner, 1998-2010.
Squire Sanders & Dempsey, Partner, 1988-1998.
Freeman, Richardson, Watson & Kelly, P.A., Partner, 1977-1988.
Mudge Rose Guthrie & Alexander, Associate, 1972-1977.
Securities and Exchange Commission, New York Regional Office, Trial Attorney, 1970-1972.
Professional, Civic and Community Involvement
The Florida Bar, Member, 1977-Present.
American College of Bond Counsel, Board of Directors, 2009-2013.
American College of Bond Counsel, Fellow, 2002-Present.
National Association of Bond Lawyers, Member, 1977-Present.
Leadership Jacksonville, Class of 1980.
John L. McWilliams, III
Senior Counsel
Jacksonville
(904) 353-6410
jmcwilliams@llw-law.com
00621461-1 25
Jacksonville Community Council, 1981.
Municipal Service District of Ponte Vedra Beach, Member, 1982-1985.
Municipal Service District of Ponte Vedra Beach, Chairman, 1984-1985.
American Cancer Society- Jacksonville Beaches Unit, President, 1989-1992.
Publications, Presentations and Awards
Rated Martindale-Hubbell AV® for 30 consecutive years.
Holds a Martindale-Hubbell AV® Preeminent™ Peer Review Rating.
Education
J.D., Seton Hall University, 1969.
B.S., Saint Joseph’s University, 1965.
00621461-1 26
AREAS OF PRACTICE
Local Government & Special Districts, Administrative, Public Pension, Labor & Employment and
Professional Licensure and Administrative
Advises public employers and pension boards on federal and state laws pertaining to governmental
retirement programs, and works closely with local governments and pension actuaries in
restructuring retirement benefit programs and preparing pension plan documents and amendments.
Assisted a number of cities and special districts in joining the Florida Retirement System.
Represents local governments and special districts in litigation and general governmental matters
such as land use and public records issues.
Represents public and private employers in labor and employment law matters.
Represents clients in disciplinary and licensing matters before numerous state regulatory agencies,
including the Department of Business and Professional Regulation, the Board of Medicine and the
Board of Nursing.
Represents statewide professional organizations in state agency rulemaking and policy matters.
Prior Professional Experience
Prior to and while attending law school, worked as a full -time Deputy Sheriff for the Broward
County Sheriff's Office, accumulating ten years of law enforcement experience and receiving
numerous commendations and awards by retirement in January 2001.
During law school, worked as a summer intern for the Broward County Attorney's Office,
Environmental and Land Use Section. Researched issues for and attended administrative hearings
for environmental-related county ordinance violations, and assisted with negotiations for wetlands
mitigation.
Glenn E. Thomas
Shareholder
Chair – Health Care Industry Group
Tallahassee
(850) 222-5702
gthomas@llw-law.com
00621461-1 27
Professional, Civic and Community Involvement
Board certified by the Florida Bar as a specialist in City, County and Local Government Law.
The Florida Bar: Administrative Law; Health Law; and City, County and Local Government Law
Sections, Member.
The Florida Bar City, County and Local Government Law Section, Executive Council District 1
Representative 2009-present.
The Georgia Bar, Local Government and Administrative Law Sections.
The Tallahassee Bar Association, Member.
Advancement Chairman, Boy Scouts of America, Suwannee River Council 2005-2008.
Member of School Advisory Council, Leon County School Board 2005-2008.
Guardian Ad Litem, Second Judicial Circuit.
Knights of Columbus, Council 12146, Tallahassee.
Outstanding Local Government Law Student, City, County and Local Government Law Section,
The Florida Bar, April 2000.
Co-author of “Techniques of Oral Advocacy,” National Business Institute, Essentials of Florida
Appellate Practice.
Education
J.D., cum laude, Nova Southeastern University, Shepard Broad Law Center, 2000.
B.S., Criminology, Florida State University, 1990.
00621461-1 28
AREAS OF PRACTICE
Land Use, Local Government & Special Districts, Education, Public Pension, Labor &
Employment, Ports Airports & Infrastructure, and Civil Litigation & Appeals
Ms. Cowan's practice focuses on local government, public pension land use, and litigation. She
represents local governments, special districts, a major deep-water seaport, and Community
Development Districts (CDDs) in matters concerning annexations, interlocal agreements,
procurement, contract management, construction contracting, collective bargaining, employment
law, ethics, public records, Sunshine Law, and real property issues.
Ms. Cowan advises public employers on Federal and State laws pertaining to government
retirement programs, prepares pension plan documents and amendments, and assists local
governments in evaluating pension reform options, implementing plan changes, and joining FRS.
Ms. Cowan also assists private and public clients in matters before the Florida Department of
Community Affairs and various county and municipal governments concerning Developments of
Regional Impact, comprehensive plan amendments, concurrency matters, zoning issues, impact
fees reimbursements and disputes, and development of CDDs.
Ms. Cowan has represented public and private clients in civil litigation and appellate matters.
Prior Professional Experience
During law school, Ms. Cowan was an intern for Justice R. Fred Lewis of the Florida Supreme
Court and Judge Anthony Rondolino of the Sixth Judicial Circuit Court.
Before attending law school, Ms. Cowan worked in the private sector as a financial manager of a
Los Angeles intercity community redevelopment organization.
Jennifer R. Cowan
Attorney
Board Certified, City, County and Local Government Law
Tampa Bay
(941) 708-4040
jcowan@llw-law.com
00621461-1 29
Ms. Cowan also worked for many years in the public sector for a broad range of governmental
entities, including: Governor Lawton Chiles General Counsel’s Office, the Department of
Community Affairs, Florida Housing Finance Agency, where she worked with developers on loan
applications for low-income multifamily and single family developments; and the Sixth Judicial
Circuit Court’s Guardian ad Litem Program.
Professional, Civic and Community Involvement
Florida Bar Certified in City, County, and Local Government
Holds a Martindale Hubbell AV® Preeminent™ Peer Review Rating
Member, Bar of the United States District Court, Southern District of Florida
Member, Bar of the United States District Court, Middle District of Florida
Member, City of Gulfport’s Planning and Zoning Advisory Board (April 2010-April 2014)
Member, American Bar Association
Member, The Florida Bar
Member, Manatee County Bar Association
Member, St. Petersburg Bar Association
Trustee, Arthur Family Foundation
Publications and Presentations
“Pension Challenges Ahead” presented with Glenn Thomas at the Continuing Education
Workshop for Tax Collectors, held in Orlando, FL on January 14, 2015.
“FRS & Pension Developments” presented with Jim Linn at the 40th Annual Public Employment
Labor Relations Forum, held in Orlando, FL on October 24, 2014.
“User Fees and Taxes” presented as part of the panel discussion on “Finance & Taxation” at the
Florida Municipal Attorneys Association, held in Bonita Springs, FL on July 24, 2014.
“Pension Changes And Plan Updates” co-presenter at The Florida Public Employer Relations
Association during the Annual Conference held in Orlando on January 29, 2013.
"Contract Management and Procurement" presented at the Florida Association of Special
Districts Certified District Official’s Program during the Annual Conference held in Sebring,
Florida on January 13, 2013.
"Contract Management and Procurement" presented at the Florida Association of Special
Districts Certified District Official's Program during the Annual Conference held in Bonita
Springs on June 4, 2012.
“The Changing Face of Growth Management and Natural Resource Regulation” presented at the
Florida Local Environmental Resource Agencies Annual Conference on July 29, 2011.
"Evolution of Sustainability in Florida" presented at the Florida Planning and Zoning
Association's Annual Conference on June 14, 2011.
“Ethical Considerations for Special District Public Officials" presented at the Florida Association
of Special Districts conference held in Key Largo on June 10, 2011.
“Contract Management and Procurement (Certified District Official’s Program)” presented at the
Association of Special District’s CDM Program, January, 2011.
“New Directions in Assessments and Energy Conservation” presented at the Florida Association
of Special Districts conference in Sebring on October 29, 2010.
“Green Initiatives” presentation on State sustainability mandates and potential funding sources
for local governments related to sustainability initiatives. Presented to Pinellas Green
Government Partnership on October 28, 2009.
“Green Initiatives: In Theory and In Practice” presented with Tara Duhy at the 4th Campus &
Community Sustainability conference held at the University of South Florida on October 9, 2009.
00621461-1 30
Education
J.D., cum laude, Stetson University College of Law with a concentration in Advocacy
B.S., Philosophy and Political Science with minors in Chemical Science and Religion, Florida
State University
00621501-1
TAB 4
00621461-1 31
FEE PROPOSAL
Lewis, Longman & Walker, P.A. generally bills for legal services by the hour. Our service policy
is to provide management and oversight responsibility of any specific project by the primary
designated attorney, Brenna M. Durden, as City Attorney, who is a shareholder with the firm. In
addition, Wayne E. Flowers, also a shareholder with the firm, would serve as backup to Ms.
Durden on all general governmental matters for the City. We propose a hourly rate of $250 for
services provided by Ms. Durden, Mr. Flowers, Mr. Thomas, Ms. Cowan and Mr. McWilliams.
If shareholders are called upon to provide representation for the City, their hourly rate would also
be $250. For services provided by Associates of the firm, we would propose hourly rates of
$200. For services provided by Paralegals and Law Clerks, we would propose an hourly rate of
$150. Travel time will be billed at one-half the applicable hourly rate. These rates are
significantly discounted from the Firm’s standard hourly rates and will be modified annually on
the anniversary date of the Firm’s engagement in each subsequent year. We will provide our
proposed new rates for your review and approval prior to each annual anniversary date.
The Firm also charges for itemized costs and expenses associated with the representation, as
indicated on Attachment 1.
Ms. Durden and Mr. Flowers will determine the professional level of service required and utilize
firm associates or paralegals, as appropriate, to efficiently and economically complete the task.
Ms. Durden and Mr. Flowers will also coordinate accomplishment of the task with the City
Manager and other City staff as directed by the City Manager.
00621461-1 32
ATTACHMENT 1
Cost/Expense
Typical Charges
Computer Research Actual usage + proportionate share of base subscription.
Court Reporters Direct invoice from vendor to client or paid from retainer.
Delivery Charges Actual amount invoiced to firm.
Mode of delivery based on need and economy.
Messenger Service Actual amount invoiced to the firm.
Overnight Express Actual amount invoiced to the firm.
Facsimile Outgoing: No charge
Incoming: No charge
Photocopying Inside copies: $0.10/page
Outside services: Actual amount invoiced to firm.
Secretarial Overtime No charge
Telephone Charges No charge
Temporary Help Actual amount invoiced to the firm.
Travel-Local/Surface Reasonable mileage or actual rental charges.
Travel-Out-of-Town Intrastate: Actual common carrier charges.
Interstate: Actual common carrier charges.
Meals/Accommodations: Lowest corporate seasonal rate
available, reasonable business related meal expenses.
Word Processing No charge
Other Expenses Actual cost invoiced to the firm. In selected cases, these items may
be directly invoiced from vendor to client.
00621501-1
TAB 5
00621461-1 33
REFERENCES
City of Green Cove Springs
L. J. (Jim) Arnold, III, City Attorney
lja3@bellsouth.net
P.O. Box 1570
Green Cove Springs, FL 32043
(904) 264-3627
Dates of Representation: 2012, 2013 and 2014
City of Jacksonville Beach
Susan S. Erdelyi, City Attorney
serdelyi@marksgray.com
1200 Riverplace Blvd., Suite 800
Jacksonville, FL 32207
(904) 398-0900
Dates of Representation: 2014, 2015 and currently
St. Johns County, Florida
Patrick McCormack, County Attorney
pmccormack@co.st-johns.fl.us
500 San Sebastian View
St. Augustine, FL 32084
(904) 209-0805
Dates of Representation: 2014 - Present
Municipal Service District of Ponte Vedra Beach
Gary Jurenovich, Chairman
gvich@att.net
P.O. Box 1323
Ponte Vedra Beach, FL 32004
(904) 285-2221
Dates of Representation: 1998 - Present
00621501-1
TAB 6