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Hinshaw & Culbertson LLP HINSHAW & CULBERTSON LLP awam ATTORNEYS AT LAW August 29, 2013 50 North Laura Street Suite 2200 Jacksonville, FL 32202 -3625 SENT VIA HAND DELIVERY TO: 904 - 359 -9620 904 - 359 -9640 (fax) City of Atlantic Beach www.hinshawlaw.com c/o Jim Hanson, City Manager 800 Seminole Road Atlantic Beach, Florida 32233 Re: Proposal Regarding RFP 13 - O4 Code Enforcement Special Magistrate to Hear Dangerous Dog Cases Dear Mr. Hanson: It is our firm's pleasure to have the opportunity to develop a working relationship with the City of Atlantic Beach, Florida. Our firm values long term relationships that focus on satisfying our client's legal needs. We also value the opportunity to contribute to our local community by offering deeply discounted rates to government agencies and charitable organizations. At this time we are interested in serving as the Special Magistrate for the City of Atlantic Beach concerning dangerous dog cases that would have until recently, come before the City's Code Enforcement Board. Switching to a special magistrate is a significant change that will lead to more equitable decisions grounded in law. This has multiple advantages to the City, including but not limited to reducing liability for decisions made without regard for the law and spawning from understandably emotional responses. With that said, we understand that it is important not to remove the personal touch from dangerous dog proceedings. Dog owners need to be given a fair opportunity to defend their best friend's actions and express the emotional turmoil they are experiencing. Similarly, victims and witnesses have an equal need to express the emotional turmoil they have experienced. By allowing the parties to present their stories without minimizing or removing the personal nature of their experiences, we allow the parties to obtain needed closure. In the end however, the law controls. If all of the necessary elements are satisfied for classifying a dog as a "dangerous dog" under the existing law, the dog will be classified as a "dangerous dog." Similarly, if a dog previously classified as a "dangerous dog" engages in a second act of aggression, it will be subject to the consequences at law, regardless of the emotional nature of any proceedings. Alternatively, if the elements are not satisfied, no violation will be found, regardless of the emotional nature of the proceedings. In any of such situations, we ensure the dog owner and the victim are aware of the legal framework within which a decision must be made and the reasons for our decisions based on an application of the facts within such legal framework. Arizona California Florida Illinois Indiana Massachusetts Minnesota Missouri New York Oregon Rhode Island Wisconsin In short, at the end of the day, the law controls, and if the elements of the violation are satisfied, the corresponding penalties will result, and if the elements are not satisfied, no penalties will result. Our goal is to facilitate the process of reaching an ultimate decision in a manner that balances the emotional needs of the dog owner and victim, the City's need for effective and efficient proceedings, and the laws need for objective analysis and a logical decision. To accomplish this goal, upon issuance of the hearing notice by the City, we will promptly send a notice to the dog owner setting forth the rules and procedure for the hearing. Furthermore, a hearing will begin with a statement regarding the legal nature of the proceedings and the legal framework within which a decision must be made, as well as an outline of how the hearing will be structured. The general may, is not required, to give an opening g structure of the hearing will be as follows: each party q g p g p ttY Y statement in which it states what it intends to prove (i.e. — facts to prove or disprove each element of the law); the City will present its witnesses and evidence, and the dog owner will have an opportunity to cross examine any witness presented by the City; the dog owner will present its witnesses and evidence, and the City will have an opportunity to cross examine any witness presented by the dog owner; each party may, but is not required, to present a closing argument in which it summarizes its case and its opinion as to the application of the evidence and witness testimony provided to the elements of the law; and after the closing arguments conclude, a ruling will be entered and the parties will be advised of our findings of fact based on the evidence presented and our conclusions of law. At any point during the proceedings, we may ask questions of the parties or their respective counsel to gain a better understanding of the issues and facts and we may direct the parties as necessary to ensure the proceedings are focused on the elements that need to be proved. Following the proceedings an original written Special Magistrate's Report and Order, and two copies, will be provide to the City, and a copy will be mailed to the dog owner by our firm. The Special Magistrate's Report and Order will set forth our findings of fact and the record evidence upon which our findings are substantiated, as well as our application of such facts to the controlling law, so to demonstrate whether the necessary elements of law where or where not satisfied, and concluding with our ruling and notices to the parties regarding their rights going forward. Within 30 days after our firm is retained as special magistrate, we will provide the City with: 1) our form pre- hearing notice to the dog owner regarding the rules and procedures of the hearing; 2) our hearing rules and procedure; 3) our form Special Magistrate's Report and Order; and 4) our form post - hearing notice to the dog owner regarding the Special Magistrate's Report and Order. Our fee for serving as special magistrate will be $75.00 per hour for the first year (probationary year), and will increase to $115.00 per hour for the second year, and $120.00 the third year and each year thereafter, unless the City and our firm agree on a different rate in writing or the relationship is terminated by either party. The City will not be charged for any costs incurred by our firm in exercising its duties as Special Magistrate, unless otherwise agreed in writing. This is deeply discounted rate schedule specific for the City of Atlantic Beach due to our desire to provide community service to the City while still covering our overhead. Our firm is well qualified to serve as the City's Special Magistrate regarding dangerous dog cases. Our knowledge of the substantive law stems from our research and analysis of the applicable ordinances and statutes. This includes a detailed review of Part II, Chapter 4, Article I, of the City's Ordinances, and Chapter 767 of the Florida Statutes. Furthermore, our attorney Ian Luthringer has significant experience hearing dangerous dog cases as a member of the Code Enforcement Board for the City of Atlantic Beach. Through his experience on such Board he has gained valuable insight into the substantive legal issues • regarding dangerous dog cases, as well as the factual development necessary to satisfy the substantive law elements of the dangerous dog ordinance. Moreover, we have an excellent understanding of procedural and evidentiary law. Such understanding is the foundation upon which an exceptional Special Magistrate is made. We say this because the role of the Special Magistrate is to facilitate hearings pursuant to the rules of procedure and evidence, and to enter a ruling only after holding a proper hearing. This goes to serve the fundamental principles of due process to which a dog owner is entitled. Understanding what evidence may be considered and the manner in which it must be presented, is key to reaching a legally justified ruling that will stand up to judicial scrutiny on appeal. Our significant litigation experience in Florida courts, has given us the knowledge necessary to conduct procedurally sound dangerous dog hearings for the City. In addition, our litigation experience has engrained in us proper etiquette and judicial presence for such hearings, which will be displayed at all dangerous dog hearings. Finally, our firm is a national firm with a strong presence in Florida. We are well equipped to handle any issues that may arise while serving as the City's Special Magistrate. We even have an entire practice group focused on governments. Attached you will find attorney profiles for Keith Thomerson, the managing partner for our Jacksonville office, and associate attorney Ian Luthringer. It is proposed that attorney Ian Luthringer will attend all hearings and act as the contact for the City under the direct supervision of the Keith Thomerson. Both attorneys may be reached at (904) 359 -9620 or 50 N. Laura Street, Suite 2200, Jacksonville, Florida 32202. As references we direct you to contact: Alan Jenson at (904) 246 -2500 or Alan @AJensenLaw.com ; Dayna Williams at (904) 247 -5810 or dwilliams @coab.gov; and Veda Harless at (904) 610 -5927 or msveda2000 @yahoo.com. Also enclosed, please find information regarding our firm and two of our many practice groups, our certificate of insurance, W -9, statement pursuant to Section 287.133(3)(A), and Florida Bar information. Please let us know whether you require any supplemental information. We look forward to serving the City of Atlantic Beach as its new Special Magistrate. Thank you for your consideration. Sincerely, 1 H. Keith Thomerson, Esq. Ian P. Lu ringer, ,: `: HINSHAW ■ CUL B F (R T' S C:) N Virg ° H. Keith Thomerson Service Areas Consumer and Class Action Partner -in- Charge of Jacksonville Litigation Bank of America Tower i Consumer Financial Services 50 North Laura Street Suite 2200 Insurance Services Jacksonville, FL 32202 Mortgage Servicing and 904- 359 9620 Lender Litigation khomerson©hinshawlaw.com + = Professional Liability Toxic Torts Keith Thomerson represents mortgage lenders, servicers and investors in Education foreclosure, bankruptcy, default and other litigation and REO-related litigation J.D., University of North concerning single - family, multi - family residential properties and commercial Carolina at Chapel Hill, 1991 properties. Mr. Thomerson handles complex litigation involving allegations of B.A., University of North mortgage fraud, predatory lending and /or regulatory violations relative to loan Carolina at Chapel Hill, 1988 origination and servicing, including, but not limited to, claims arising under TILA, RESPA, the Fair Debt Collection Practice Act and all claims and litigation arising Admissions out of contested foreclosures. in addition, Mr. Thomerson also litigates cases in a number of areas, including: Honda Real estate agent and broker liability U.S. Court of Appeals for the • g y Eleventh Circuit • Professional negligence U.S. District Court for the • Alleged nursing home /assisted living facility abuse Middle District of Florida • Toxic torts U.S. District Court for the • Aviation matters Northern District of Florida • Negligence claims • Construction law • Premises liability • Civil theft and fraud claims • Federal tort claims • Admiralty claims • Insurance coverage issues Professional Background Mr. Thomerson joined Hinshaw & Culbertson LLP in December 1998. He is a member of the firm's Executive Committee, Co- Partner -in- Charge of the Jacksonville office and Leader of the firm's Consumer & Class Action Litigation Practice Group. Professional Affiliations • The Florida Bar • Jacksonville Bar Association • Trial Lawyers www.hinshawlaw.com • • Elder Law • Real Estate • Dofense Research Institute • Mortgage Bankers Assocation Honors Et Awards • Holds the AV® Peer Review Rating from N1a/hnda|e-Hubbe||, its highest rating for ethics and legal ability K~om00un`ty/C`v^cAct^v`t^es • Pro bono work assisting Jacksonville Area Legal Aid, Inc. www.mnohnmaaoom Page 2 nu/,mrtov: HINSHAW Ell C U L B F R T S O N �.... la Ian P. Luthringer Service Areas Bankruptcy & Creditors' Rights Associate Business & Commercial � Bank of America Tower � . � � 50 North Laura Street Transactions Suite 2200 Commercial Litigation Jacksonville, FL 32202 Consumer Financial Services 904- 359 -9620 iluthringer ©hinshawlaw.com Intellectual Property Real Estate & Lending Education an Luthringer handles real estate and personal property transactional and J.D., Florida Coastal School of litigation matters in a number of industries, including the automotive, Law, 2009 construction, and mortgage lending industries. He represents lenders, servicers and investors in Hen foreclosure, creditor representation in bankruptcy, and •Dean's Scholar other contested litigation concerning residential and commercial properties and B.B.A., Finance and Real personal property collateral, in both state and federal courts located in Florida. Estate, University of North He also represents lenders and investors in document review and Florida law Florida, 2004 compliance, title review and issue resolution, preparation of loan and related financing documents, closings, and resolution of property owners association Admissions disputes. Florida He also assists his clients in the formation of business entities, structuring of U.S. District Court for the businesses and transactions, preparation of industry related documents, Middle District of Florida preparation of contracts and agreements, intellectual property matters U.S. District Court for the regarding copyrights, trademarks, licensing, web development and hosting, and Southern District of Florida trade secrets, and the preservation of client interests through mediation, arbitration and litigation. Mr. Luthringer has additional experience litigating cases in the following areas: administrative law, eminent domain; quiet title; injunctions; real estate agent and broker liability; professional negligence; construction defects; premise liability; personal injury and property damage; civil theft and fraud; federal torts; defamation and slander, toxic torts, insurance coverage; and property owners associations. Professional Background Mr. Luthringer joined Hinshaw & Culbertson LLP as an associate in August 2009. During law school, he was a law clerk at Barker & Barker, P.A. and was also a claims counsel intern at Fidelity National Financial in 2008. In addition to his other law school accomplishments, Mr. Luthringer was the recipient of the Best Appellate Brief Award and Best Oral Advocate Award and Highest Achievement in Transactional Drafting Award. He was a founding member and the Chairman of the Board of Directors of the Real Property, Probate and Trust Club. Mr. Luthringer was certified by Westlaw and LexisNexis in cost effective research. www.hinshawlaw.com Prior to his legal career, Mr. Luthringer was a drafter and project manager for Luthringer Architecture in Toms River, New Jersey. He also acted as a business consultant to both national and international companies in various industries. During his undergraduate studies, he was a Collegiate All- American Scholar and a member of the Dean's List and National Dean's List. He was nominated to both the Golden Key and National Honors Society. Mr. Luthringer was also a member of Omicron Delta Epsilon (International Honor Society of Economics), and participated in the United States Achievement Academy. He graduated in the top one percent in the country in the fields of finance and real estate. Professional Affiliations • The Florida Bar Presentations Mr. Luthringer has presented a number of educational presentations for the construction, financial, legal and real estate industries. Personal Ian enjoys surfing, kiteboarding, snowboarding, mountain biking, soccer, fishing and traveling. Community /Civic Activities • Works to prevent closure of beach access • Involved in a number of other pro bona initiatives ...... ......__ ....................__. www.hinshawlaw.com Page 2 HINSHAW t.. P • What Sets Us Apart At Hinshaw, we value long -term client relationships. That's why we make it a priority to help contribute to our client's success, whether that means solving a problem or helping to achieve their goal. We like to think that we are more than just our clients' "lawyers" We feel we are on the same journey with our clients — to grow their business into a sustainable institution. Sometimes this requires next generation solutions; in other words, a little creativity applied to legal issues or problems. Other times, it requires just purely practical thinking. We do both. Whatever the matter, our advice and counsel are tailored to our clients, which can only come from a strong partnership and deep understanding of their business and objectives Our team of lawyers can provide a wide variety of sophisticated legal advice and counsel. Additionally, since we are located in many of the major cities across the country, we can provide national depth of expertise coupled with a local or regional presence and local or regional knowledge. Across all of our offices, we strive to consistently deliver service at the highest levels of quality and reliability, giving our clients a one -firm approach and giving us the long - lasting relationships we treasure. Hinshaw is a national law firm with approximately 500 lawyers in 23 offices. We offer a full- service practice, with an emphasis in litigation, corporate and business law, environmental, labor and employment law, professional liability defense, and wealth preservation and taxation matters. Our attorneys provide services to a range of for - profit and not -for- profit clients in industries that include construction, financial services, health care, insurance, legal, manufacturing, real estate, retail and transportation. Our clients also include government agencies, municipalities and schools. Hinshaw was founded in 1934 and is headquartered in Chicago. We have offices in 12 states: Arizona, California, Florida, Illinois, Indiana, Massachusetts, Minnesota, Missouri, New York, Oregon, Rhode Island and Wisconsin. www.hinshawlaw.com HINSH AW k C U L B E R T S O N Personal In /Property Damage Defense Hinshaw attorneys serve on many litigation defense panels for leading insurance companies and self- insured entities. We understand that in today's Service Area Contact economic environment, companies need effective and efficient management of their litigation matters. We leverage our extensive litigation experience to benefit Renee Mortimer our clients, increasing efficiency and helping them achieve their litigation- 219 management objectives. Our attorneys handle thousands personal injury and rmortimer @hnshawlaw.com property damage cases each year. Attorneys Personal Injury Jerrod Barenbaum We defend clients against high - profile, personal injury claims involving aviation Mark Bauman and construction site accidents; environmental incidents; medical malpractice; Kathy Chamberlain pharmaceutical and medical device liability; premises liability; product liability; toxic torts; wrongful death; and other tort claims. We serve as defense counsel April Dahl for several companies in major catastrophic cases involving loss of life or Luis Diz serious injury. Also, due to our long history of dealing with insurance companies Timothy Etzkorn and claims adjusters, we are well- equipped to handle coverage issues and settlement negotiations. We have extensive experience in a variety of products Damian Fletcher and industries. In addition to individual personal injury cases, we frequently Lyndon Fiosi defend class actions and multidistrict litigation. We are also skilled in all phases Paul Gamm of the regulatory litigation procedures and in negotiating with agencies and prosecutors. Christopher Garcia Arthur Laplante Property Damage Sherri Mullins At Hinshaw, our attorneys have the experience and knowledge to aggressively Untress Quinn represent businesses and property owners after an injury has occurred to either Mark Schocke invited or non - invited guests on their property. Our attorneys have extensive experience handling claims related to accidents Rania Shehata occurring on property and locations such as: Ruel Smith • amusement parks John Weedon • department stores, discount chains, and shopping centers Bradley Zamczyk • residential homes Megan Zust • parking lots and parking ramps • restaurants and bars Related Services • public and private schools Appetiate • sports facilities, playgrounds, and parks Commercial Litigation • motels and hotels Transportation Law • transportation facilities, such as bus terminals, airports, or subway stations www.hinshawlaw.com With our quick response and take charge approach, we are able to thoroughly investigate all claims to determine their validity and make our recommendations to the liability insurers or self - insured businesses. We believe that early and thorough investigation and discovery are the key ingredients for the successful resolution of premises liability matters, whether by way of settlement, trial or appeal. We give our best advice on whether it is more prudent to negotiate a settlement or resolve the matter in court, and we always back up our assessment with facts. Our accomplished litigators are also skilled in alternative dispute resolution techniques and successfully mediate and arbitrate a wide assortment of matters. In addition to providing experienced trial counsel, we advise and counsel our clients in risk prevention methodologies. We take an aggressive approach in identifying matters that are likely to be problematic for clients, and offer recommendations leading to the expeditious resolution of such matters. Finally, our attorneys provide advice with regard to the interpretation of liability insurance policies to assist clients in their efforts to obtain coverage. In addition, our litigators are supported by an experienced and successful team of appellate attorneys. Geographic Coverage With 23 offices in 12 states, attorneys licensed in many more states, and systems and processes in place to achieve a coordinated, efficient approach to litigation throughout the country, Hinshaw is ideally positioned to provide multijurisdictional legal services. Hinshaw's national coverage —with the firm's networked offices in key markets across the country — ensures on- the - ground support by experienced attorneys in jurisdictions that see a heightened volume of claims activity. Our trial attorneys are routinely admitted pro hac vice in venues in which Hinshaw attorneys are not admitted and have a well- developed network of local counsel and with whom we work on a regular basis in our capacity as national and regional counsel. www.hinshawlaw.com Page 2 ); & i..OP ... -P HINSHAW 1111 isUt..sFR1sON t..I • Government Hinshaw has substantial experience with federal, state, county and local governmental activities and policy- making. Our Government and Administrative Service Area Contact Affairs attorneys have a unique understanding of government as the core of their career experience is derived from high -level government service. Beth Culp Hinshaw's attorneys have served as United States Attorneys, Assistant United 612 - 334 - 2596 States Attorneys, State's Attorneys and counsel to federal and state members bcuip @hinshawiaw.com of government, including as Chief Legal Counsel to former Illinois Governor Jim Attorneys Edgar. Sergio Acosta Additionally, we have served as an Illinois State Senator, Deputy Governor V. Brette Bensinger oflllinois, legal counsel to the Illinois House Republican staff, Chief Counsel for the Illinois Department of Transportation, Chief Legal Counsel for the Illinois Joel Bertocchi Department of Natural Resources, Acting Director of the Illinois Division of Gregory Cox Aeronautics, and on various state task forces. Aimee Delaney Hinshaw's attorneys serve as Special Assistant Attorneys General,Special Gino Galluzzo Assistant State's Attorneys and Special Assistant Corporation Counsel. We Mantel Gayles have also served as Hearing Officers with the Illinois Department of Edward Gower Transportation, the Illinois Capital Development Board and the Illinois Commerce Commission. Our attorneys include a former administrative law Raylene Grischow judge for the Illinois Department of Public Health and Legal Advisor to the Rodger Heaton Deputy Clerk of the Illinois Court of Claims. The insights obtained through this Kelly Hintzsche experience enable Hinshaw's Government and Administrative Affairs team to determine the most effective representation strategy for their clients. Kelly Huo Michael lasparrro Hinshaw is highly experienced in all aspects of local government organization Michael Kasper and operations, including general and bond elections, election contests, conflict of interest laws applicable to local government officers and contracts, James Lydon annexations, budgets and appropriations, meeting requirements and Michael Morehead parliamentary procedure, and publication requirements for legal notices. We Paul Nicolosi have worked withlllinoisbonding authorities, pension funds, State Police, Department of Corrections, the Criminal Justice Information Authority, Police Courtney Nottage Training Board, the Industrial Commission and the Illinois Gaming Board. Daniel Purdom For municipal clients, we provide counsel on environmental issues and Untress Quinn legislative advocacy services, including drafting legislation, lobbying before Andrew Ramage governmental entities, working with legislatures in promoting legislative Allison Rhodes changes and securing government funding assistance. We also have broad J. William Roberts experience in both federal and state courts defending municipalities, police officers, cities, counties, and elected and appointed employees and officials Thomas Sagehorn against charges of civil rights violations. Charles Schmadeke Robert Shannon Our attorneys publish and lecture extensively on all aspects of governmental law, authoring the treatise "Illinois Municipal Tort Liability ", a publication often Harvey Sheldon www.hinshawlaw.com cited by federal courts and the Illinois Supreme Court, which focuses on liability issues facing units of government and public officials in state and federal Khardeen Shillingford litigation. Yashekia Simpkins We represent companies before all levels of government, and has significant L. Lee Smith experience in handling bid protests, claims and defective pricing litigation in the Douglas Swalina federal courts. Hinshaw has assisted major defense contractors in preparing Kate Van Bokkelen voluntary disclosures to federal agencies, including the FBI, Office of Inspector Robert Wagner General and the United States Department of Defense, and have represented several companies in handling whistleblower claims and qui tam actions. Jason Winslow Brian Zeeck Publications Related Services The Report Card - February 2013 Civil Rights and Constitutional February 28, 2013 Litigation Gaming Law Government Contracts and Procurement Municipal and Licensing Law . ....... ._____ ...............__.._..... www.hinshawlaw.com Page 2 A` °® R° CERTIFICATE OF LIABILITY INSURANCE Page 1 of 2 12/12 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies)must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. 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Partnerships that conduct a trade or alien), to provide your correct TIN to the person requesting it (the business in the United States are generally required to pay a withholding requester) and, when applicable, to: tax on any foreign partners' share of income from such business. 1. Certify that the TIN you are giving is correct (or you are waiting for a Further, in certain cases where a Form W -9 has not been received, a number to be issued), partnership is required to presume that a partner is a foreign person, 2. Certify that you are not subject to backup withholding, or and pay the withholding tax. Therefore, if you are a U.S. person that is a 3. Claim exemption from backup withholding if you are a U.S. exempt partner in a partnership conducting a trade or business in the United States, provide Form W -9 to the partnership to establish your U.S. payee. If sharof applicable, you are also income that as a U.S. person, your status and avoid withholding on your share of partnership income. allocable share of any partnership income from a U.S. trade or business is not subject to the withholding tax on foreign partners' share of effectively connected income. Cat. No. 10231X Form W -9 (Rev. 1 -2011) SWORN STATEMENT PURSUANT TO SECTION 287.133(3)(A), FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICIAL AUTHORIZED TO ADMINISTER OATHS. 1. This sworn statement is submitted to (�i y d A4 , Elh / (print name of the public entity) by S &11 LJ� ,s���4 (print individual's name - aid title) for Nir - cew 4 tk# ot1 (print name of entity submitting sworn statement) °� whose business address is `` 1N r Uc 0. }. � c)t� C e1 7.7f50 rcke,Ak‘cimJ ik \Q, and (if applicable) its Federal Employer Identification Number (FEIN) is 36 'Z.I 21 IV) (If the entity has no FEIN, include the Social Security Number of the individual signing this sworn statement: •) 2. I understand that a "public entity crime" as defined in Paragraph 287.133(1)(g), Florida Statutes, means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity or with an agency or political subdivision of any other state or of the United States, including, but not limited to, any bid or contract for goods or services to be provided to any public entity or an agency or political subdivision of any other state or of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. 3. I understand that "convicted" or "conviction" as defined in Paragraph 287.133(1)(b), Florida Statutes, means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in any federal or state trial court of record relating to charges brought by indictment or information after July 1, 1989, as a result of a jury verdict, nonjury trial, or entry of a plea of guilty or nolo contendere. 4. I understand that an "affiliate" as defined in Paragraph 287.133(1)(a), Florida Statutes, means: 1. A predecessor or successor of a person convicted of a public entity crime; or 2. An entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime. The term "affiliate" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the interest in another person, or a pooling of equipment or income among persons when not for fair market value under an arm's length agreement, shall be a prima facie case that one person controls another person. A person who knowingly enters into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate. 5. I understand that a "person" as defined in Paragraph 287.133(1)(e), Florida Statutes means any natural person or entity organized under the laws of any state or of the United States with the legal power to enter into a binding contract and which bids or applies to bid on contracts for the provision of goods or services let by a public entity, or which otherwise transacts or applies to transact business with a public entity. The term "person" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in management of an entity. 6. Based on information and belief, the statement which I have marked below is true in relation to the enfty submitting this sworn statement. (Indicate which statement applies.) Neither the entity submitting this sworn statement, nor any of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, nor any affiliate of the entity has been charged with and convicted of a public entity crime subsequent of July 1, 1989. The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. However, there has been a subsequent proceeding before a Hearing Officer of the State of Florida, Division of Administrative Hearings and the Final Order entered by the Hearing Officer determined that it was not in the public interest to place the entity submitting this sworn statement on the convicted vendor list. (Attach a copy of the final order) I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE PUBLIC ENTITY IDENTIFIED IN PARAGRAPH 1 (ONE) ABOVE IS FOR THAT PUBLIC ENTITY ONLY AND, THAT THIS FORM IS VALID THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS FILED. I ALSO UNDERSTAND THAT I AM REQUIRED TO INFORM THE PUBLIC ENTITY PRIOR TO ENTERING INTO A CONTRACT IN EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN SECTION 287.017, FLORIDA STATUTES FOR CATEGORY TWO OF ANY CHANGE IN THE INFORMATION CONTAINED IN THIS FORM. (s',_ atur pp date) STATE OF r I p✓t G1i COUNTY OF D a v cq PERSONALLY APPEARED BEFORE ME, the undersigned authority, l o vI e v ' who, after first being sworn by me, affixed (name of individual signing) his)er signature in the space provided above on this 2`j day of 415 , 20 i 3 . ''' CRISTIANA E. BACHMAN 1 tzs S. Notary Public • State of Florida NO RY PUBLIC s `+ _ My CoE pires Feb 2 §, 2014 Com i i MIS7ex; res: Member Search Page 1 of 1 • The Florida Bar www.floridabar.org Harold Keith Thomerson Member in Good Standing Eligible to practice in Florida ID Number: 893706 Address: Hinshaw & Culbertson 50 N Laura St Ste 2200 Jacksonville, Florida 322023625 United States Phone: 904.359.9620 Fax: 904.359.9640 E -Mail: kthomerson ©hinshawlaw.com vCa rd : County: Duval Circuit: 4 Admitted: 09/26/1991 Sections: Elder Law Real Property Probate and Trust Law Trial Lawyers 10 -Year Discipline None History The Find A Lawyer directory provides limited basic information about attorneys licensed to practice in Florida and is provided as a public service by The Florida Bar. The information contained herein is provided "as is" with no warranty of any kind, express or implied. The Florida Bar, its Board of Governors, employees, and agents thereof are not responsible for the accuracy of the data. Much of the information is provided by the attorney and it is the attorney's responsibility to review and update the information. Publication of attorneys' contact information within this listing should not be construed as their consent to receive unsolicited communications in any form. Certain unauthorized uses of this data may result in civil or criminal penalties. The Find A Lawyer directory is not a lawyer referral service. [Revised: 08-01-2013] .___ .. _ ._.... _... ..._.. © 2013 The Florida Bar 1 Disclaimer 1 Top of page 1 PDF 1 http: / /www.floridabar.org /names.nsf /0 /C4DE 16C 8A47DE41 D85256A84002B8CF2 ?Open... 8/30/2013 Member Search Page 1 of 2 The Florida Bar www.floridabar.org lan Phillip Luthringer Member in Good Standing Eligible to practice in Florida ID Number: -- 74371 Address: Hinshaw & Culbertson LLP 50 N Laura St Ste 2200 , Jacksonville, Florida 322023625 United States Phone: 904.359.9620 Fax: 904.359.9640 E -Mail: iluthringer @hinshawlaw.com vCard: County: Duval Circuit: 4 Admitted: 12/17/2009 Sections: Business Law Entertainment Arts and Sports Law International Law Real Property Probate and Trust Law Young Lawyers Division 10 -Year Discipline None History Law School: Florida Coastal School of Law Graduation Year: 2009 Degree: Doctor of Jurisprudence /Juris Doctor Firm: Hinshaw & Culbertson LLP Website: www.hinshawlaw.com Firm Size: Over 100 Occupation: Associate Practice Areas: http: // www. floridabar. org /names.nsf /0 /B 8AF2ED7B 84884F 1052576A3004E2176 ?OpenD... 8/30/2013 Member Search Page 2 of 2 Banking Business Commercial Litigation Construction Contracts Corporate Internet Mergers and Acquisitions Real Estate /Land Development Real Property, Probate and Trust Law Wills, Trusts and Estates State Courts: Florida The Find A Lawyer directory provides limited basic information about attorneys licensed to practice in Florida and is provided as a public service by The Florida Bar. The information contained herein is provided "as is" with no warranty of any kind, express or implied. The Florida Bar, its Board of Governors, employees, and agents thereof are not responsible for the accuracy of the data. Much of the information is provided by the attorney and it is the attorney's responsibility to review and update the information. Publication of attorneys' contact information within this listing should not be construed as their consent to receive unsolicited communications in any form. Certain unauthorized uses of this data may result in civil or criminal penalties. The Find A Lawyer directory is not a lawyer referral service. Revised_: 06 19 2013 _ ___ .,__.w___m....,.., © 2013 The Florida Bar Disclaimer 1 Top of page 1 PDF http: // www.floridabar.org /names.nsf /0 /B 8AF2ED7B 84884F 1052576A3004E2176 ?OpenD... 8/30/2013 AUG rc i,.„(\v„s \ ) „,\ Lt.? 30 2013 � Pm l