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Bromagen & Rathet, P.A. DATE: August 5, 2013 REQUEST FOR PROPOSALS CODE ENFORCEMENT SPECIAL MAGISTRATE TO HEAR DANGEROUS DOG CASES The City of Atlantic Beach, Florida is seeking proposals from professional law firms for an attorney who is a member in good standing of The Florida Bar and has been a member for at least five (5) years, and possesses experience in municipal law, code enforcement, administrative law and hearings, or related experience to serve as a Special Magistrate for the enforcement of the Dangerous Dog sections of the City of Atlantic Beach Code. This Special Magistrate shall be responsible for hearing cases brought before him/her under the provisions of Section 162.03, Florida Statutes, and Chapter 4 of the City of Atlantic Beach Code. Dangerous Dog cases have been heard by the City's Code Enforcement Board in past years. There have been relatively few cases per year until 2012 when there were six. Recently, the City Commission amended the provisions of the City's dangerous dog ordinance as a result of some recent difficult cases in Atlantic Beach. In several of the recent cases, the dog owners have brought in legal representation and both the citizen -based Code Board, as well as City Commission, agreed that it would be more appropriate to designate a Special Magistrate to hear these cases in the future. THE CODE A copy of the City of Atlantic Beach's Code of Ordinances can be found online at the City's website; www.coab.us. Under the "Government" page, you will find the City Clerk's page which includes a link to the Municipal Code Corporation of Florida. HOW TO SUBMIT A PROPOSAL Interested firms /individuals should submit sealed and labeled proposals no later than Friday, August 30, 2013 at 2:00 pm to the City Purchasing Agent at 800 Seminole Road, Atlantic Beach, Florida 32233 and should include the following: 1) A proposal describing your (or your firm's) qualifications to serve as a Special Magistrate for the City of Atlantic Beach and how you would carry out the requirements of the job. 2) Resumes for yourself or designated individual who would serve as a Special Magistrate including the specific years and types of experience in providing related services. • 3) A firm outline of the fees that would be charged and an estimate and description of any expenses that would be incurred and charged to Atlantic Beach. 4) The names and telephone numbers of contact persons who can speak about the information outlined in items #l, #2 and #3 above. 5) List of three (3) positive references. Please include point -of- contact, phone, fax and e -mail address. 6) Proof of State of Florida Bar Association license. 7) Certificate of Insurance to include Professional Liability. Proposers may be invited to appear for an interview with City Staff. It is anticipated that interviews with the City Manager, City Attorney and Chief of Police will be conducted in September. A recommendation will be made to the City Commission for final approval in September. Questions about this Request for Proposal may be directed to Jim Hanson, City Manager, but only in writing by electronic mail at jhanson(aicoab.us. Telephone calls will not be accepted. The City of Atlantic Beach reserves the right to reject any and all proposals, or parts of proposal, waive informalities and technicalities, make award in whole or in part with or without cause, and to make the award in what is deemed to be in the best interest of the City of Atlantic Beach. Due to Florida's very broad public records laws, most written communications to or from City employees regarding City business are public records, available to the public and media upon request. Therefore, written e -mail communication, including your e -mail address, may be subject to public disclosure. PROPOSAL TO SERVE AS A SPECIAL MAGISTRATE FOR THE ENFORCEMENT OF THE DANGEROUS DOG SECTIONS OF THE CITY OF ATLANTIC BEACH Qualifications of Brooks Rathet and Bromagen & Rathet, P.A. Brooks Rathet, a resident of Atlantic Beach, Florida practices in Jacksonville Beach in litigation and is a certified mediator. He is an AV -rated attorney. As part of his practice, he regularly appears at administrative hearings involving statutory compliance and administrative procedure. He also has tried a dog bite lawsuit before a jury in Duval County. He specializes in warranty defense, subrogation, complex commercial litigation and media law. His practice includes the defense of major automobile, boat and recreational vehicle manufacturers, large insurance companies, publishers and broadcasters. He has been lead or sole counsel in numerous jury trials, successfully receiving several zero damages defense verdicts, a multi - million dollar plaintiffs verdict, several six - figure plaintiffs verdicts and has recovered attorneys' fees in several cases. He has appeared for oral argument before Florida District Courts of Appeal and has prepared appellate briefs in a number of other jurisdictions. He has been admitted to practice in Florida since 1996, Georgia, New York and the District of Columbia. The firm has locations in Ft. Lauderdale, Tampa and Jacksonville, Florida with each office technologically interconnected. Attorneys at the firm include two partners and eight associates, with support from three paralegals and two legal assistants all with insurance defense experience. Attorneys practice in every county in the state of Florida and have litigated in county, circuit, federal and appellate courts throughout Florida and Georgia. Partner William Bromagen has 27 years of civil litigation experience, partner Brooks Rathet 16 and associate Nicholas Mooney 29. Based on his close residential and business geographic proximity to the City of Atlantic Beach, appearances will be convenient. He has adequate support staff to enable him to prepare for hearings and the background, training and experience to carry out the requirements of the job. BROOKS CHARLES RATHET Bromagen & Rathet, P.A. 135 2nd Ave. North., Suite 1 Jacksonville Beach, FL 3225o (904) 242 -0860 Telephone (904) 242 -0830 Facsimile brooks.rathetpbromagenlaw.com LITIGATION • Have successfully conducted litigation in a variety of high - profile cases. • Have achieved favorable resolution of complex, often difficult to win cases. • Have practiced before administrative boards and arbitrators. • Experience in all phases of civil litigation in state and federal courts, trials and appeals. • Peer Review Rating AV EXPERIENCE Bromagen & Rathet, P.A., Jacksonville Beach, Florida Shareholder 2006 — Present AndersonGlenn, LLC, Jacksonville, Florida Shareholder 2004 -2006 Associate 2001 -2004 Dow, Lohnes & Albertson, PLLC, Atlanta, Georgia Associate 1998 -2000 Holland & Knight LLP, Jacksonville Florida Associate 1996 -1998 EDUCATION University of Virginia, B.A. 1990 Lawn Resident Editor -in -Chief The Cavalier Daily University of Florida, J.D., M.A. (mass communications) 1995 PRACTICE AREAS Subrogation Warranty Law and Products Liability Insurance Defense Media Law; Professional Malpractice Certified Florida Mediator PROFESSIONAL AFFILIATIONS Attorney Ad Litem Member Bar, State of Florida, Admitted 1995 (all state and federal courts) Member Bar, State of Georgia, Admitted 1998 (all state courts, Northern District federal) Member Bar, District of Columbia, Admitted 1998 Member, Bar, State of New York, Admitted 2006 Admitted United States Court of Appeals, 11th Circuit - FIRM OUTLINE OF FEES Brooks Rathet charges fees based upon actual time expended preparing for and attending the hearings at the hourly rate of $200.00 per hour. He does not anticipate any costs being incurred to appear as a Special Magistrate CONTACT INFORMATION Brooks Rathet Bromagen & Rathet, PA 135 2nd Avenue North, Suite 1 Jacksonville Beach, FL 32250 -6946 904.242.0860 Phone 904.3 - 3 10 o Cell 904.242.0830 Fax Brooks@ bromagenlaw.com POSITIVE REFERENCES Brett Hastings, Esq. 226 N 3rd St. Jacksonville Beach, FL 32250 904 2 47 - 44 00 Lori Gaglione, Esq. 408 Fourth St. North Jacksonville Beach, FL 3225o 9 - 2 49 - 3 0 4 6 Rita McAndrews Giblin, Esq. Senior Counsel CSX Transportation 500 Water Street # Ji5o Jacksonville, FL 32202 - 4423 904- 359 -1006 Member Search Page 1 of 2 The Florida Bar www.floridabar.org Brooks Charles Rathet Member in Good Standing Eligible to practice in Florida ID Number: -- 77658 Address: Bromagen & Rathet, P.A. 135 2nd Ave N Ste 1 Jacksonville Beach, Florida 322506946 United States Phone: 904.242.0860 Fax: 904.242.0830 E -Mail: brooks.rathet @bromagenlaw.com vCa rd : County: Duval Circuit: 4 Admitted: 04/25/1996 Sections: Alternative Dispute Resolution 10 -Year Discipline None History Law School: University of Florida, Fredric G. Levin College of Law Graduation Year: 1995 Degree: Doctor of Jurisprudence /Juris Doctor Firm: Bromagen & Rathet, P.A. Firm Size: 6 to 10 Occupation: Partner / Shareholder Practice Areas: Appellate Practice Civil Litigation Civil Trial Commercial Litigation Insurance Media Mediation Federal Courts: U.S. Court of Appeals for the Eleventh Circuit U.S. District Court, Middle District of Florida U.S. District Court, Northern District of Florida U.S. District Court, Southern District of Florida U.S. District Court, Northern District of Georgia State Courts: District Of Columbia Florida Georgia New York http:// www. floridabar .org /names.nsf /0/4E89E006 F9CO25D 85256A83 0014C71 E ?OpenD... 8/20/2013 Flori 541 E. Mitchell Hammock Road • Oviedo, Florida 32765 411111 0 14' r ]W—+ Phone: 800 -633 -6458 • Fax: 800-781-2010 M u t u a l W�NW.fhrlIC.COnl 11 Ins Cornp any Created by The Florida Bar for its members. Lawyers Professional Liability Policy This is a Claims Made and Reported Policy. Please read it carefully. Declarations Policy Number: 95100154 Item 1. Named Insured: Bromagen & Rathet, P.A. Mailing Address: P. 0. Box 70036 Fort Lauderdale, Florida 33307 Item 2. Policy Period: From 11/11/2012 to 11/11/2013 at 12:01 A.M. Standard Time at Your Address Shown Above Item 3. Limit of Liability: $2,000,000 Per Claim $2,000,000 Total Limit Item 4. Deductible: $5,000 Annual Aggregate Item 5. Premium: $17177 Item 6. Forms and Endorsements Attached at Policy Issuance: FLPL - 101 (R.08/01/2011) FLPL - 200R (R.08/01/2011) FLPL - 103 (R.08/01/2011) The Policy is not valid until signed by Our authorized representative. October 15, 2012 ` Date Issued €rutho ' . "-prep . we FLPL -100 (R.08/01/2011) Pagel of 1 $0.92 Q US POSTAG FIRST -CLAS% , � 062S00067473 3' FP 3 - 0 ti :' : (v) �1 f ,+ Bromagen & Rathet, P.A. 135 2nd Ave North, Suitel Jacksonville Beach, FL 32250 22_fZ -6)`b Y( 11 .III..I.I..LI..II...IL.LI..I.• h!. i.l.11111 .11n.11n.I City Purchasing Agent Yy 800 Seminole Road Atlantic Beach FL 32233 -5444 1 iYL " 'S