Downtown Development Authority Tuesday, August 20, 2024 8:30 AM
The Ben Hotel – The Studio Conference Room 251 N. Narcissus Ave. West Palm Beach, FL 33401 https://downtownwpb.com/DDA
ATTENDANCE
DDA Board members in attendance: Chairman Rick Reikenis, Vice Chairman Robert Sanders, Peter Cruise, Tim Harris, Daryl Houston, and Bernardo Neto DDA Staff in attendance: Teneka James-Feaman, Catherine Ast, Krystal Campi, Tiffany Faublas, Sabrina Lolo, Samantha Moore, Sherryl Muriente, and Attorney Gemma Torcivia. Guests in attendance: Nathan Green, Maggie Thomas, Shakaria McClaine, Allie Severino, Jill Merrell, Sarah Knoess, Donald Howell, Ed Midcap, Boris Bajlovic, Carl Jarvis, Robert Jackson, Charity Lewis, Lameka Boyd, Lt. Greg Rideau, Captain Brian Kapper, Spenser Shellard, Leonard F. Schulz, Jennifer Ferriol, Commissioner Christina Lambert, Sgt. Preuz, Harvey Oyer, Armando Fana, Varisa Lall Dass, William Roger Cummings, Bob Diffenderfer, and Sandra Granda.
CALL TO ORDER
Chairman Reikenis called the meeting to order at 8:31 a.m.
PUBLIC COMMENTS
None.
EXECUTIVE DIRECTOR’S REPORT
James-Feaman explained that due to the heavy agenda and time constraints she will provide an Executive Directors update at the September meeting.
PRESENTATIONS
Vanderbilt University
Harvey Oyer and Nathan Green presented on behalf of Vanderbilt University. Vanderbilt University is one of the top Universities in the nation and would like to bring a business school campus to Downtown West Palm Beach. The campus would bring approximately 1,000 students and 100 – 150 jobs to Downtown West Palm Beach. The City of West Palm Beach Commission voted unanimously to donate the city owned land to the university. The request is for an endorsement from the DDA Board.
Cruise made a motion to approve issuing a letter of support to Vanderbilt University from the DDA Board. Harris seconded the motion. The motion passed unanimously.
WPB PD OT Update
Lt. Rideau presented on behalf of West Palm Beach Police that service the Downtown District. He thanked the board for their support and equipment provided which has allowed them to increase visibility and patrolling efforts. He provided an update on the success of the overtime program implemented and shared stats from the previous year versus the current year. Lt. Rideau also shared the details and answered questions regarding the new ordinance that will be effective October 1, 2024. Captain Kapper and Sgt. Preuz added that they have been working with the Health Care District of Palm Beach County and JFK North Hospital through a new temporary drop off program to provide assistance.
107 S. Olive Avenue, Suite 200, West Palm Beach, FL 33401 Ph: 561.833.8873 Fax: 561.833.5870 * DowntownWPB.com
James-Feaman stated the request is to continue the overtime police program for next fiscal year. She stated she has budgeted for it and needs board approval to continue the program into the next fiscal year.
Cruise made a motion to approve the police overtime program for Fiscal Year 2024 – 2025. Sanders seconded the motion. The motion passed unanimously.
Homeless Outreach
Ferriol, City of West Palm Beach Director of Housing and Community Development, presented an overview of the city’s housing and community development division She explained that currently there are 10 Full time employees dedicated to providing homeless or homeless prevention services. She presented the types of outreach, services, and resources the team provides Ferriol also shared recent accomplishments and monthly update reports that track outreach and engagement provided and feature a success story each month. Fana added that the combined services between the police department and homeless outreach team are crucial to continue these efforts. The Board agreed that both police enforcement and outreach are needed. They provided feedback on ways to help share the work the outreach team is doing and sharing the success stories of their programs. The Board asked Ferriol to provide quantifiable data that shows outreach efforts, engagement, and results within the DDA District. James-Feaman stated we would have to make some adjustments to the budget to reallocate funding for this program; we would also need to identify reporting requirements and ensure the funding stays within the DDA District.
Sanders made a motion to approve funding the Homeless Outreach Team for Fiscal Year 2024 – 2025 up to $150,000. Houston seconded the motion. The motion passed unanimously.
On behalf of the DDA board and staff Chairman Reikenis and Executive Director James-Feaman presented Varisa Lall Dass with a token of our appreciation and thanked her for her dedicated service to the downtown district and the organization over the last three years.
CONSENT CALENDAR
Minutes of Regular Board Meeting July 16, 2024
Financial Statement of July 31, 2024
Cruise made a motion to approve the consent calendar. Harris seconded the motion. The motion passed unanimously.
OLD BUSINESS
RFP 2024 – 001 Holiday Lights Presentations
Ast explained that in June, the Downtown Development Authority (DDA) released a Request for Proposal (RFP) for Holiday Lighting for the Clematis District, via DemandStar, the DDA website and advertised in the Palm Beach Post. The scope of the RFP includes but not limited to: Our most loved Clematis Canopy Lights, Lights for the midblock Oak Trees, Lit Garland for Clematis Light Poles, Unlit Garland for the 600 Block and Rosemary connecting to Rosemary Square, etc. Additional requests included asking for recommendations to create an inviting look and feel for the holiday season for all the residents, businesses, and visitors that come to Downtown West Palm Beach. Proposals include installation, removal, maintenance of and storage of all items.
The following two (2) agencies submitted qualified proposals: Florida CDI/Christmas Designers Inc. and Shellard Lighting Designs. The Selection Committee for this RFP process included: Ansley Lacy, Marketing Manager, WPB CRA; Angela Poco, Community Events Supervisor, City of WPB; Joe Mingle, Street Lighting Supervisor, City of WPB; Rudina Toro, Chief Financial & Operating Officer, Palm Beach Dramaworks; and Sandra Granda, Resident at the Prado.
The Selection Committee scoring results:
Both proposers presented to the Board for final decision. The Board evaluated each company’s presentation based on the evaluation factors below.
The Board’s scoring results:
Houston made a motion to approve scoring of RFP 2024 – 001 . Harris seconded the motion. The motion passed unanimously.
Ast added that she will begin contract negotiations and will bring it back to the board for approval.
Faublas explained that we will begin the RFP process for Public Relations Services on August 26, 2024. The RFP will be posted online at DowntownWPB.com, Demand Star and printed in the Palm Beach Post. DDA Staff has prepared the scope for Public Relations Services for your review and comments.
The schedule for the RFP process is as follows:
RFP Open: August 26 – September 23, 2024
Selection Committee Meeting: Week of September 30, 2024
Presentations to the DDA Board: October 15, 2024
November 2024: PR Company begins services
Faublas requested feedback and comments on the Scope and scoring. She asked if the board would like to include local preference as a scoring factor. The current company is rbb communications and they have had the contract for the last 3 years. The board discussed the local preference factor and whether it should be City of West Palm Beach boundaries or Palm Beach County.
Houston made a motion to approve RFP 2024 – 002 scope and to include local preference points for businesses located within Palm Beach County. Cruise seconded the motion. The motion passed unanimously.
RFQ Legal Services
James-Feaman explained we will begin the RFQ process for Legal Services on August 21, 2024. The RFQ will be posted online at DowntownWPB.com/RFP. She reviewed the timeline and scope for Legal Services for the boards review and comments. She added that there will not be a selection committee the board will review proposals directly. The Board discussed local preference and recommended local preference for businesses located within the City of West Palm Beach.
The schedule for the RFQ process is as follows: Event Date
Issue RFQ Notice
Last Date for Receipt of Written Questions
Proposal Due Date
Presentations/Interviews (If required)
Recommendation Presented for Approval
August 21, 2024
September 4, 2024, 3:00P.M.
September 9, 2024, 3:00P.M.
NLT – September 17, 2024
NLT – September 17, 2024
Cruise made a motion to approve RFQ 2024 – 001 scope and to include local preference points for businesses located within City of West Palm Beach Houston seconded the motion. The motion passed unanimously.
ANNOUNCEMENTS
Fantastical Walk Workshops begin August 24th
Supermoon Sunset Silent Disco is on September 18th
Fiscal Year 2024 – 2025 Public Budget Hearings are scheduled for September 9th and September 16th
ADJOURNMENT
Harris made a motion to adjourn the meeting. Houston seconded the motion. The motion passed unanimously. Meeting adjourned at 10:35 am.
Board Financials
West Palm Beach Downtown Development Authority
For the Period Ending August 31, 2024
Prepared on September 9, 2024
No CPA provides any assurance on these financial statements.
Balance Sheet
As of August 31, 2024
$4,009,511
Monthly Budget Comparison
October 2023 - August 2024
MEMO
TO: Rick Reikenis, Chairman
Robert Sanders, Vice Chairman
Samantha Bratter
Peter Cruise
Tim Harris
Daryl Houston
Bernardo Neto
FROM: Teneka James-Feaman
RE:
RFQ Legal Counsel Discussion and Presentation
DATE: Tuesday, September 17, 2024
At the July board meeting the board approved the RFQ for legal services.
The timeline for the RFQ process was as follows:
- Draft scope of services – July 2024
- DDA Board approval of scope – August 2024
- RFQ marketed via DDA website – August to September 2024
- Committee or Board to review proposals received – September 2024
- Legal Counsel recommendation and execution of agreement – October 2024
We received two proposals to the RFQ for legal services:
- Lewis Longman Walker
- TG Law
Both proposers will be presenting at the September 17 Board meeting. After each presentation is completed, you will all have time to ask questions or make comments. Lastly, you will individually be scoring each presentation using the criteria included in this document and selecting which proposer will receive a contract.
When scoring you will use a 1 – 4-point system. One (1) being the lowest and four (4) being the highest. These numbers have a points value that will be calculated by staff, and we will provide us with a top scoring proposer.
LEGAL SERVICES
RFQ 2024 – 1
September 9, 2024
LEWIS, LONGMAN & WALKER, P.A.
Evaluation Factor Number 1: Expertise and Experience
a. Identify whether the attorney(s) is/are certified in city, county, local, and federal government law.
Response:
Of the six attorneys identified as principal resources in this proposal all are licensed to practice law in Florida (See Exhibit B). In addition, four are Board certified in City, County, and Local Government law:
Janice Rustin
Kathryn Rossmell
Seth Behn
Amy Petrick
b. Describe each attorney’s professional ratings and/or recognition in the legal field for professional achievement; recognition or extraordinary participation in Florida Bar, Federal Bar, American Bar Association, local bar associations or professional practices committees, or ratings by other nationally recognized systems.
Janice Rustin
Best Lawyers in America: Ones to Watch, Labor and Employment Law – Employee, 2023present
Kathryn Rossmell
Florida Super Lawyers, 2024
Florida Rising Star, 2020-2023
Best Lawyers in America: Ones to Watch, Environmental Law; Land Use and Zoning Law; Natural Resources Law; and Transportation Law, 2023-present
Young Professional of the Year Award, North Palm Beach Chamber of Commerce, 2024
Young Professional of the Year Award, Chamber of Commerce of the Palm Beaches, 2022
Palm Beach Illustrated Magazine Top Lawyer in Transportation Law, 2021; and Land Use and Zoning Law, 2022-present
South Florida Business and Wealth Magazine's Legal Awards, Junior Associate Award Winner, 2021
ATHENA Young Professional Leadership Award Finalist, 2021
FAU Pine Jog Environmental Education Center, Young Professional of the Year Award, 2020
Florida Association of Environmental Professionals, Treasure Coast Chapter, Treasure of the Chapter Award, 2020
Florida Association of Environmental Professionals, President's Service Award, 2015
Seth Behn
Best Lawyers in America: Ones to Watch, Environmental Law, 2023-present
Amy Taylor-Petrick
Best Lawyers in America: Ones to Watch, Environmental Litigation, 2023-present
Palm Beach Illustrated Magazine Top Lawyer in Administrative/Regulatory Law, 2021
Florida Association of County Attorneys, President’s Award, 2012; Writing Award, 2011
Best Lawyers in America, Environmental Law, 2023-present
Power Leader, South Florida Business Journal, 2023
Listed in Who's Who Legal, Environmental Law, 2010, 2013, 2015
Listed in Chambers and Partners USA Guide, an annual listing of the leading lawyers and law firms in the world, 2008-2009; 2012-2015
Florida Super Lawyers, 2008
Palm Beach Illustrated Magazine Top Lawyer in Environmental Law, 2018, 2020-present; Top Lawyer in Land Use and Zoning Law, 2020-2021; Top Lawyer in Transportation Law, 2021
Tara Duhy
The Florida Bar, Member, 2004-Present, Environmental and Land Use Law Section, Executive Council, 2009-2013
The Palm Beach County Bar Association, Environmental and Land Use Law Committee, Co-Chair, 2011-2015
Best Lawyers in America, Land Use and Zoning Law, and Environmental Law, 2023present
Palm Beach Illustrated Magazine Top Lawyer in Land Use and Zoning Law, 2020-present; Top Lawyer in Environmental Law, 2021-2022
Florida Rising Star, 2009-2010, 2013-2015
Listed as a “Rising Star” in the Daily Business Review’s “40 under 40” Issue, September 2013
Recipient, the Judy Florence Memorial Outstanding Service Award, presented by the Executive Council of the Environmental and Land Use Law Section of the Florida Bar, 2007-2008
c. Describe firm Background, Principal Officers, and Statement of Staff Experience.
Lewis, Longman & Walker is a state-wide law firm, with 38 lawyers and offices in West Palm Beach, Tampa, St. Petersburg, Jacksonville, and Tallahassee. For more than 30 years, Lewis, Longman & Walker’s attorneys have had the privilege to serve as general and special counsel to governments in Florida, including large and small counties, municipalities, utilities, ports and airport authorities, community redevelopment agencies, school districts, and a variety of other special districts With more than 100 local government clients statewide, the Firm has developed substantial expertise in responding to the daily and unique issues facing our government clients Lewis, Longman & Walker is dedicated to serving as the “onestop shop” for local governments seeking general counsel services, as well as providing specialized representation for our clients, including advising on public contracts and procurement; public-private partnerships; ethics law, Public Records Law, and Sunshine Law matters; legislative representation; public finance; environmental regulation and permitting; land use, including comprehensive planning, zoning and economic development incentives; and handling litigation and appeals.
Because the Firm represents so many government clients, the lawyers at Lewis, Longman & Walker are well versed in government administrative matters, including the organization of agendas, preparation of resolutions and ordinances, contracts, deeds, easements, leases, development agreements, and interlocal 4862-4808-8801, v.
agreements Lewis, Longman & Walker is frequently called upon to prepare reports, memoranda, opinions, and the Firm is sensitive to the public nature of the work performed on behalf of public clients. The Firm’s full service approach to local government allows Lewis, Longman & Walker the ability to provide smaller governmental entities with the same level of specialized knowledge enjoyed by larger local governments with in-house counsel.
In addition, LLW is independent of the West Palm Beach DDA as defined by generally accepted auditing standards.
d. Describe your experience in providing the requested service, training, and experience with government clients. See response to question j.
e. Describe your qualifications, and experience specifically to the requirements in this RFQ. The Proposer shall describe the qualifications of attorneys to be assigned to represent the Authority and shall identify the Lead Attorney for each service/practice area to be offered. See response to question j.
f. Provide Resumes of each key attorney to be assigned to the DDA. See Exhibit A attached.
g. Describe overall supervision the Lead Attorney and each individual attorney shall receive.
The team will be led by Janice Rustin, an experienced, local government lawyer. She will direct the resources of the team, as needed, and serve as the point of contact and coordination for the DDA
h. Describe prior experience of the individual attorneys with respect to the required services requested. See response to question j.
i. Provide documentation demonstrating that all attorneys are licensed to practice in the State of Florida and are in good standing. See Exhibit B attached.
j. Provide details on the law firm’s demonstrated experience in representation of cities, counties, special districts, and other governmental entities and the relationship between the attorney and law firm and the identified entity, including:
a. Past record of performance for entities described in above paragraph;
b. Knowledge of public finance;
c. Representation of entities in litigation;
d. Experience or practice in advising entities on Florida Sunshine and public records law, and practice and procedures before local government, legislative, and quasi-judicial bodies;
e. Knowledge of and experience in grant submission;
f. Knowledge of public procurement.
Response to Question J:
Janice Rustin
Ms. Rustin would serve as Lead Counsel. She has over 12 years of experience in all aspects of local government including direct experience representing and working with downtown development authorities and specialdistricts.Most recently,she representedthe Delray Beach Downtown Development Authority from November 2022 until October 2023.
While representing the Delray Beach DDA, she provided comprehensive legal support to the DDA Board of Directors and the Executive Director, offering both general advice and counsel on day-to-day matters and specialized matters such as budget and millage rate adoption procedures. She also provided guidance on the variety of contracting matters that arose after the DDA was appointed by the city to oversee the management and programming for the Old School Square Center for the Arts. This included the preparation of the interlocal agreement with the city that defined the parties’ financial and operational obligations, contracts for the various art exhibits that were held on the site, a special event permit application form which defined the terms and conditions for using DDA resources, an entertainment contract template to be used with all performers, and a variety of other contracts and agreements for services required for managing the venue. Prior to joining LLW in 2018, Ms. Rustin served as an Assistant City Attorney for the City of Delray Beach for six years. At that time, she represented the city in furtherance of its partnership with the Delray Beach DDA. As a result, she understands both sides of the unique relationship between a downtown development authority and the city that it helps to support.
In addition to being knowledgeable in all areas of government law, Ms. Rustin specializes in government contracting and procurement. She currently assists a wide range of special districts with the preparation of solicitation and contract documents for the acquisition of a range of goods and services, including professional and public construction services, and provides guidance on the procurement process. She has assisted a number of LLW special district clients in adopting a procurement policy, which includes training staff to implement the new policy. She also has experience with complex procurements such as design-build construction projects and projects that receive state and federal funding.
As part of her procurement work, she regularly consults with finance directors to address legal questions related to budgeting for and financing purchases, including multi-year contracts and lease purchase agreements.
In addition, she advises special districts on matters relating to employment, benefit, and pension law.
While Ms. Rustin is identified as Lead Counsel, she has the practice resources of the entire Firm to draw on as needed. The attorneys identified in this response are located in West Palm Beach, have significant local government experience, and are available in the event of scheduling conflicts or where the needs of the DDA require additional resources.
Kathryn Rossmell
Ms. Rustin will be supported by Kathryn Rossmell. Ms. Rossmell has significant experience representing community redevelopment associations and special districts. She currently represents the Boynton Beach Community Redevelopment Agency, which she advises as general counsel on all matters including drafting
and negotiation of interlocal agreements, development and administration of grant programs, negotiation with developers and local businesses, and real property matters.
Seth Behn
Ms. Rustin will also be supported by Seth Behn. Mr. Behn represents a number of LLW special district clients. He assists the boards in conducting orderly and legally compliant public meetings in accordance with the Sunshine law and ensuring adherence to due process in quasi-judicial proceedings and other public hearings. With Chris Lyon, another firm shareholder who concentrates in legislative practice, he regularly provides the required four hour local government official training at the Florida Association of Special Districts annual meeting to its member on the Florida Ethics Code, Florida Sunshine Law, and the Public Records Act. Mr. Behn also has a Master’s Degree in Urban and Regional Planning and is an AICP certified land planner.
Amy Taylor Petrick
For litigation and pre-suit matters, Ms. Rustin will also be supported by Amy Taylor Petrick. Ms. Petrick serves as Chair of LLW’s Administrative, Civil and Appellate Litigation Practice Group, and has over 20 years of experience with both bench and jury trial work in federal and state court, and before the Florida Division of Administrative Hearings, and with state and federal appeals. She also provides pre-suit legal advice on a broad range of matters, including local government power and authority, zoning and comprehensive planning issues, environmental and utility matters. Amy represents public and private clients on a wide variety of land use, administrative, regulatory, construction and contractual matters in state and federal court and administrative forums.
Robert Diffenderfer
Mr. Diffenderfer maintains a diverse governmental practice involving complex environmental and land use matters, including representation before local, state, and federal legislative and regulatory bodies. Mr. Diffenderfer is Chair of the firm’s Business Development Committee. He has thirty-five years of experience in special district creation, governance and powers issues.
Tara Duhy
Ms. Duhy maintains a state-wide land use, natural resource and water law practice, counseling clients through all aspects of development and advising clientsthrougheverystage of permitting and government coordination and enforcement related to:
Comprehensive land use planning; Zoning, site planning and other local development orders; Transportation planning and concurrency, including coordination with the Florida Department of Transportation and regional metropolitan planning organizations; Development of regional impact (“DRI”) review, including coordination with the Florida Department of Economic Opportunity and regional planning councils; Environmental resource permitting (“ERP”) and water use permitting through the various Florida water management districts;
Coastal construction and environmental wetland permitting through the Florida Department of Environmental Protection and Florida Fish and Wildlife Conservation Commission; Federal wetland and coastal construction permitting through the U.S. Environmental Protection Agency and U.S. Army Corps of Engineers; Endangered Species Act coordination with the U.S. Fish and Wildlife Service; Federal NEPA compliance;
Represents public and private clients in administrative and civil litigation, including appeals, related to land use, government, natural resources and water law; and Represents local governments, community redevelopment agencies and special districts as general counsel and as special counsel related to environmental and land use issues, public/ private partnerships, public records and the Government in the Sunshine Law.
Evaluation Factor Number 2: Firms Methodology or Approach
a. At a minimum, state how the Proposer will provide Legal Services in the specific areas of law.
Our firm has extensive experience representing special districts and cities in a wide range of specialized legal matters, including governance, public finance, land use, employment, and compliance with the state laws. We approach each case with a thorough understanding of the unique challenges these entities face, offering tailored legal advice to meet their specific needs. Our dedicated team includes attorneys who have successfully handled complex issues such as public infrastructure and private development projects, bond issuance, intergovernmental agreements, and complex commercial litigation, ensuring that our government clients receive expert guidance across all relevant areas of law.
b. Provide a statement describing the capability to respond to time-sensitive or short notice requests and/or complicated issues.
We understand that special districts and cities often encounter urgent and complex legal challenges that require immediate attention To address this need, our firm is committed to providing prompt responses to all client inquiries, with a goal of addressing requests within 48 hours. We have a number of individuals identified for the representation so that there will always be availability to address DDA needs. Our attorneys are well-versed in managing time-sensitive matters, leveraging our deep expertise and collaborative approach to deliver effective solutions quickly. Additionally, our close collaboration with our in-house legislative team ensures that we are always informed of the latest legislative developments, enabling us to act swiftly and proactively on behalf of our clients.
c. Describe how you would advise the Board of Directors and Executive Director about legal developments or issues of concern.
Our approach to advising the Board of Directors and Executive Director is rooted in clear, proactive communication. We regularly monitor legal developments that could impact our clients and provide timely updates through concise reports, memos, and in-person briefings. Our legislative team plays a crucial role in this process, ensuring that we remain ahead of any legislative changes or emerging issues that may affect our clients We also prioritize direct engagement with the Board and Executive Director, offering strategic advice tailored to their specific concerns and operational goals.
d. Describe the Firm’s practices regarding professional development, training, and keeping current with the law and legal matters affecting their clients.
Our firm is committed to maintaining the highest standards of legal excellence, which is why we place a strong emphasis on continuous professional development and training. Our attorneys regularly participate in specialized legal education programs, attend relevant conferences, and engage in collaborative learning opportunities within the firm. A list of some of those activities is attached as Exhibit C. We also benefit from the insights provided by our legislative team, who keep us informed of legislative trends and policy shifts. This ongoing commitment to professional growth ensures that our team is always equipped with the most current legal knowledge, enabling us to provide our clients with informed, cutting-edge advice.
e. Describe any scholarship or panels, or other expertise your firm has engaged in. Qualified Firm(s) will also show membership and expertise in at least two of the following Florida Bar Association Sections: government and administration, constitution law, environmental law, and construction law. See Exhibits C and E attached
f. Provide the names and contact information of at least three (3) Clients/References. Preferably public entity clients, for which the Primary Attorney or firm currently or has previously served as similar counsel:
Laura Simon, Executive Director, Delray Beach DDA, (561) 243-1077
Dennis Grady, Chairman, City Place Community Development District, (561) 833-3712
Clara Bennett, Executive Director, Boca Raton Airport Authority, (561) 391-2202
g. Provide a listing of all governmental organizations represented. See Exhibit D attached
h. Provide any other information that the Proposer feels applicable to the evaluation of the Proposal or of the qualifications for accomplishing the legal services should be included in this section. You may use this section to address those aspects of your services that distinguish you or the Proposer from others.
At Lewis, Longman & Walker, we pride ourselves on being more than just legal experts. We are deeply embedded in the fabric of our local community. Our commitment goes beyond providing exceptional legal services; it's about understanding and engaging with the pulse of the City of West Palm Beach and the surrounding area. Our lawyers commit substantial time and energy to our communities through various charitable, professional and volunteer activities. Please see the attached attorney resumes for examples of some of their community engagement.
Evaluation Factor 3: Fee Information
Provide all fees and costs to be charged including hourly rates of any individual(s) that will be involved with advising the DDA and the rate at which their time will be billed to the DDA. The hourly rate quoted should include all salary and compensation, and all overhead expenses, profits and other employee costs, including but not limited to clerical and administrative processing expenses.
a. State your proposed lump sum to cover requirements as outlined in the Scope of Work and referenced in the Cost and Price section of this RFQ.
b. State your proposed hourly rate for additional consultation.
c. Services or items considered to be reimbursable expenses outside the retainer should be listed and described as appropriate.
d. Explain if you charge by monthly retainer or by the hour?
e. How much do you charge for monthly retainer?
f. How much do you charge by the hour?
g. Any other charges that may be levied for implantation of the services.
LLW proposes a fixed fee of $3,300 per month to cover the services described in this RFQ. This rate will be in effect through October 1, 2026 This fixed fee would not include litigation or other extraordinary representations, which would be handled separately at our standard government rate of $405 per hour
In the alternative, LLW proposes an hourly rate of $360 for all shareholders listed above, and $295 for associates who assist on matters This rate will be in effect through October 1, 2026
Evaluation Factor 4: Local Preference
LLW has maintained an office in West Palm Beach since it was organized in 1994. It currently has its office at 360 South Rosemary Avenue, within the DDA’s geographical boundary.
Legal Services RFQ2024-1RFQ LLWProposal Exhibits
A AttorneyResumes
B. AttorneyFloridaBar Licenses (showinggood standing)
C. Description Of Scholarship, Panels, And Other Firm Activities That Show Member And ExpertiseIn TheFollowingFloridaBar Sections
D. Listingof All Government Clients
E. Firm Membershipin FloridaBar Association Sections
F. Business TaxReceipt fortheCityof West Palm Beach
EXHIBITA EXHIBIT A EXHIBIT A
JANICE D. RUSTIN Attorney
561.640.0820 | jrustin@llw-law.com | 360 S. Rosemary Avenue, Suite 1100 | West Palm Beach
Ms. Rustin is board certified by the Florida Bar as a specialist in City, County and Local Government Law Ms Rustin’s practice focuses on public procurement, public pension, and local government matters.
AREAS OF PRACTICE
Represents local government in matters concerning state and federal procurement procedures, contract management, employment law, ethics, public records, Sunshine Law, quasijudicial hearings, land use and real property issues.
Advises public employers and pension boards on federal and state laws pertaining to governmental retirement plans and works closely with local governments and pension actuaries in restructuring retirement benefit programs and preparing pension plan documents and amendments.
Assists local government in drafting ordinances, resolutions, land development regulations, zoning codes, board orders, easement agreements, interlocal agreements and vendor agreements.
PROFESSIONAL, CIVIC, AND COMMUNITY INVOLVEMENT
Board certified by the Florida Bar as a specialist in City, County and Local Government Law
Florida Municipal Attorneys Association, Member
The Florida Bar, City, County and Local Government Law Section Member
American Bar Association, Public Contract Law Section, Member Palm Beach County Bar Association, Member
AWARDS AND RECOGNITIONS
Best Lawyers in America: Ones to Watch, Labor and Employment Law, 2024
VICE CHAIR
Governmental Law Practice Group
PRACTICES
Governmental Law
Administrative, Civil and Appellate Litigation
Land Use and Real Estate Law
INDUSTRIES
Government
EDUCATION
J.D., summa cum laude, Nova Southeastern University, 2011
M A , (English), University of Victoria, 1996
ADMISSIONS
United States District Court, Southern District of Florida
PUBLICATIONS AND PRESENTATIONS
New Requirements for Florida Government Contracts, August 2024
Public Procurement Using Federal Funds, Florida Association of Special Districts (FASD) Annual Conference, June 2023
Lessons from the Great Recession: How Actions Taken After the Great Recession Have Helped Prepare Local Pension Plans for Future Economic Downturns, Public Employment Labor Relations Forum, October 2022
Implementing and Administering Firefighter Cancer Benefits, Florida Association of County Attorneys (FACA) Annual CLE Seminar, July 2021
Firefighter Cancer Benefits: A Case for Prospective Application, The Florida Bar Journal, July 2020
Moving Toward Reopening Government, LLW Lunch & Learn, June 2020
Understanding the Force Majeure Clause and Its Role in Contacts with Special Districts During the Pandemic, June 2020
Emerging Issues in Florida Pension Law 2020, Florida Public Employers Labor Relations (FPELRA) 46th Annual Training Conference, February 2020
Emerging Issues in Florida Pension Law: Firefighter Cancer Benefits, 45th Annual Public Employment Labor Relations Forum (PERLF) CLE Seminar, October 2019
Overview of Public Pensions and Retirement Plans, Florida Public Human Resources Association (FPHRA) 83rd Annual Training Conference, July 2019
Emerging Issues in Florida Pension Law 2019, Florida Public Employers Labor Relations (FPELRA) 45th Annual Training Conference, February 2019
PREVIOUS PROFESSIONAL EXPERIENCE
Served as an Assistant City Attorney from 2012 to 2018.
City of Boca Raton Planning and Zoning Board, Member, 2013-2018.
City of West Palm Beach, City Attorney Office, Certified Legal Intern, 2011. Legal Aid Service of Broward County, Inc., Legal Intern, 2010-2011.
REPRESENTATIVE COURT DECISIONS AND TRIAL VERDICTS
O’Boyle v. City of Delray Beach, 260 So. 3d 271 (Fla. 4th DCA 2018) Successfully defended City against a citizen lawsuit alleging unlawful refusal to produce public records and unreasonable delay.
Casserly v. City of Delray Beach, 228 So. 3d 135 (Fla. 4th DCA 2017) Successfully argued at hearing and on appeal that the City has statutory immunity against claims related to inline skating accidents in the public right-of-way.
Richard v. City of Delray Beach and the Delray Beach Community Redevelopment Agency (CRA) (2018)
Obtained a defense jury verdict for a pedestrian fall in a City park that was being used by another governmental agency.
Brown v. City of Delray Beach (2013) Obtained a defense jury verdict for a pedestrian fall on the City sidewalk.
4875-3845-6155, v. 1
KATHRYN B. ROSSMELL Shareholder
561.640.0820 | krossmell@llw-law.com | 360 S. Rosemary Avenue, Suite 1100 | West Palm Beach, FL 33401
Ms. Rossmell is Florida Bar board certified as a specialist in City, County and Local Government Law. Her practice focuses on land use, environmental, local government and natural resources law. She represents private clients on land use matters including comprehensive planning issues and land development regulation application, drafting and implementation; public and private clients on natural resources permitting issues; clients challenging and defending National Environmental Policy Act (NEPA) compliance; as well as civil litigation for public and private clients for matters within her practice areas. She also represents and advises public clients as general and special counsel, including legal analysis of special assessment methodology and counseling clients on community redevelopment and other special district matters.
PROFESSIONAL, CIVIC, AND COMMUNITY INVOLVEMENT
FAU Pine Jog Environmental Education Center, Chair of the Board
Florida Association of Environmental Professionals, Treasure Coast Chapter, Past President
Leadership Palm Beach County, General Counsel and Executive Committee Member, 2018-2024; Strategic Planning Committee Member, 2023; Class of 2018 Member
Palm Beach North Chamber of Commerce, Secretary, Board Member, Co-Chair of Government Affairs Committee
Healthy Mothers Healthy Babies
o Moments Luncheon Co-Chair
o Advancement Committee Member
NorthPacII, Vice Chair, 2024; Past Secretary, 2023-2024
Women’s Foundation of Florida, Palm Beach County 2020 and 2021
Raise the Bar Committee Member
The Forum Club of the Palm Beaches, Member
American Bar Association, Section of Environment, Energy and Resources, Member; Young Lawyer’s Division (YLD) Member
VICE-CHAIR
Transportation & Infrastructure Industry Group
PRACTICES
Environmental and Natural Resources Law
Land Use and Real Estate Law
Governmental Law
Administrative, Civil, and Appellate Litigation
INDUSTRIES
Local Government
Transportation and Infrastructure
EDUCATION
J.D., cum laude, University of Florida, 2012
B.A., magna cum laude, University of Florida, 2009
ADMISSIONS
United States District Courts for the
The Florida Bar: Environmental and Land Use Law Section, City County and Local Government Law Section, Administrative Law Section, and the Young Lawyers Division
Palm Beach County Bar Association
o Member
o Young Lawyers Section, Member
Palm Beach County Planning Congress, Member
Florida Brownfields Association, Member
AWARDS AND RECOGNITIONS
Best Lawyers in America: Ones to Watch, Environmental Law, Land Use and Zoning Law and Natural Resources Law, 2023-present; Transportation Law, 2024
Young Professional of the Year Award, North Palm Beach Chamber of Commerce, 2024
Young Professional of the Year Award, Chamber of Commerce of the Palm Beaches, 2022
Florida Rising Stars, Environmental Law; Land Use/Zoning, 2020-present
Palm Beach Illustrated Magazine Top Lawyer in Land Use and Zoning Law, 2022; and Top Lawyer in Transportation Law, 2021
South Florida Business and Wealth Magazine’s Legal Awards, Junior Associate Award Winner, 2021
ATHENA Young Professional Leadership Award Finalist, 2021
FAU Pine Jog Environmental Education Center, Young Professional of the Year Award, 2020
Florida Association of Environmental Professionals, Treasure Coast Chapter
o Treasure of the Chapter Award, 2020
Florida Association of Environmental Professionals
o President’s Service Award, 2015
PRESENTATIONS AND PUBLICATIONS
Lesser-Known Development Tool Has Major Impact, City & State Florida, April 2023
One Byte at a Time, Florida Chamber of Commerce Environmental Permitting Summer School, July 2022
In the News: Helping Women Succeed is an Everyday Mission for LLW Attorney Kathryn Rossmell, September 2021
Master Your Tech, Florida Chamber of Commerce Environmental Permitting Summer School, July 2021
Ethical and Technology Issues for Environmental, Land Use, and Government Attorneys, presentation to the Environmental and Land Use Law Section of the Florida Bar, October 2020
Something Old, Something New – Ethics and Technology for Environmental Professionals on the Go, Florida Chamber of Commerce Environmental Permitting Summer School, July 2020
But I Need That! Navigating Special Procurement Issues for CRAs, Presentation to Florida Redevelopment Association, October 2019
Mangroves and Florida Residential Homeowners: Your Rights Under The Mangrove Trimming and Preservation Act, October 2019
Drones – Hovering over a Town Near You, Florida City and County Management Association Conference, June 2017
Drones – A Florida Perspective, Florida Engineering Society Journal, March 2017
2017 – The Year of Water Law, Law 360; Environmental Law Network, February 2017
EPA Updates and Trends, Environmental Permitting Summer School, July 2016
Numeric Nutrient Criteria: Florida’s Journey, the Next Steps, and the Gulf Dead Zone, National Association of Environmental Professionals Annual Conference, April 2014
Florida’s New Crop: Is Water Farming For You?, Journal of the American Water Works Association, December 2013
Elimination, Reduction, and Minimization of Impacts, Florida Environmental and Land Use Law Treatise, 4859-7824-0603, v. 1
SETH C. BEHN Shareholder
561.640.0820 | sbehn@llw-law.com | 360 S. Rosemary Avenue, Suite 1100 | West Palm Beach, FL 33401
CO-CHAIR
Mr. Behn is Florida Bar board certified as a specialist in City, County and Local Government Law. His practice focuses on governmental affairs, land use law and environmental permitting. He works closely with and for local governments, using his background as an AICP Certified Land Use Planner to support his law practice and bring multiple perspectives to complex issues. With his extensive experience in local government processes and his planning background, he is well versed in property rights, easements, and real estate matters, allowing him to guide his clients to efficient solutions for their constituents.
AREAS OF PRACTICE
Board certified by the Florida Bar as a specialist in City, County and Local Government Law
Serves as general counsel to the Lehigh Acres Municipal Services District and Coral Springs Improvement District and assistant general counsel to several other special districts including Seminole Improvement District, South Indian River Water Control District, and Ranger Drainage District.
Represents both public and private clients before circuit court and administrative tribunals.
Counsels property owners in local government entitlements, environmental permitting and construction.
Provides review and analysis to both public and private clients in the field of platting, surveying, easements, and title disputes. Has advised and litigated riparian rights disputes throughout the state.
Governmental Law Practice Group
PRACTICES
Environmental and Natural Resources Law
Land Use and Real Estate Law
Administrative, Civil, and Appellate Litigation
Governmental Law
INDUSTRIES
Government
Real Estate Development
Transportation and Infrastructure
EDUCATION
Juris Doctor, Cum Laude, Nova Southeastern University, 2014
Graduate Studies, School of Architecture, University of Miami, 20022003
Bachelor of Fine Arts, Florida Atlantic University, 1995
PROFESSIONAL, CIVIC, AND COMMUNITY INVOLVEMENT
Central Palm Beach County Chamber of Commerce, Board Member, 2023-present.
Florida Atlantic University-Leroy Collins Public Ethics Academy, Advisory Board Member, 2023-present. Leadership Palm Beach County, 2016.
American Institute of Certified Planners (AICP), Member, 2006-present
American Planning Association, Florida Chapter, Member, 2005-present.
Palm Beach County Planning Congress:
O Board Member, 2010-present
O President, 2011
PRESENTATIONS AND PUBLICATIONS
Government Entities Must Pay 298 Drainage District Assessments, December 2021
Court Confirms Docking Rights in Artificial Canals – Even When No Riparian Rights Exist, August 2021
Moving Toward Reopening Government, LLW Lunch & Learn, June 2020
Understanding the Force Majeure Clause and Its Role in Contracts with Special Districts During the Pandemic, June 2020
COVID-19 and Its Impact on Special Districts, LLW Virtual Lunch & Learn, April 2020
Mangroves and Florida Residential Homeowners: Your Rights Under the Mangrove Trimming and Preservation Act, October 2019
Emerging Trends in Transportation Planning and Infrastructure, presented at the Florida Chamber Environmental Permitting Summer School, July 2019
Legal Problems – GIS Solutions, presented at the Esri User Conference, July 2017
Looking Out to Sea: Resurging Interest in Seawater Desalination Projects Face the Twin Specters of Technical Challenges and Permitting Complexity, American Bar Association, May 2015
GIS and the Law: Opportunities and Pitfalls, presented at the South Florida Geographic Information Systems Expo, 2014
Recent Developments in Land Use and Environmental Permitting Case Law, November 10, 2013
Where Do Property Rights Fit into Sustainability? Recent Developments Affecting Planners, presented at the American Planning Association Florida Conference, September 2013
The Importance of the Water-Energy Nexus in Florida’s Future, The Florida Bar Journal, May 2013
Steeplechase Research and Medical Center height compatibility analysis, 2010
Regional Mega Yacht Facility DEP Alternative Locations Analysis for Palm Beach County, 2007
Utility Plant Siting Analysis, Okeechobee and DeSoto Counties, 2006
A Coastal Management Plan for the Treasure Coast: Seeking a Regional Context for Local Coastal Planning, presented at the American Planning Association Florida Conference, 2005
Towards a Literary Theory Appraisal of the Planning Canon, presented at the Association of Collegiate Schools Planning Conference, 2004
AWARDS AND RECOGNITIONS
Best Lawyers in America: Ones to Watch, Environmental Law, 2024
PRIOR PROFESSIONAL EXPERIENCE
Senior Land Use Planner at Greenberg Traurig, P A , 2005-2012
Land Use Planner at Land Design South, 2004-2005
Planning Intern, City of Miami Beach, 2003-2004
561.640.0820 | apetrick@llw-law.com | 360
Ms. Petrick is Florida Bar board certified as a specialist in City, County and Local Government Law. Her practice focuses on litigation. She has experience with both bench and jury trial work in federal and state court, and before the Florida Division of Administrative Hearings, and handling state and federal appeals. She also provides pre-suit legal advice on a broad range of matters, including zoning and comprehensive planning issues, environmental, aviation and utility matters She represents clients on a wide variety of land use, administrative, regulatory, construction and contractual matters in state and federal court and administrative forums.
PUBLICATIONS AND PRESENTATIONS
Expert Witness in the Zoom Era, LLW Lunch & Learn, 2021
Public Records and Private Consultants: Obligations and Opportunities in Section 119.0701, Florida Statutes, LLW Lunch & Learn, 2018
Introduction to Special Districts, January 2017
Liability of County and Public Officials, Florida County of Government Guide, Florida Association of Counties, 2010
Fourth District Court of Appeals Rules Monetary Damages Cannot be Awarded as Supplemental Relief in Sunshine Law Actions, The Florida Bar Government Lawyer Section Newsletter, 2008
Comment, Constitutional Law, Decency Requirements in Arts Fundraising, NEA v. Finley, 118 S. Ct. 2168, 1998 & FLA. J.L. & PUB POL’Y 423, 1999
Journal of Law & Public Policy, Notes Editor, 1999-2000
PROFESSIONAL, CIVIC AND COMMUNITY INVOLVEMENT
Board certified by the Florida Bar as a specialist in City, County and Local Government Law
The Florida Bar, Member Florida Association of County Attorneys
o Member, 2000-2016
o Growth Management Committee Chair, 2012-2016
CHAIR
Administrative, Civil and Appellate Litigation
PRACTICES
Administrative, Civil and Appellate Litigation
Land Use and Real Estate Law
Environmental and Natural Resources Law
Governmental Law
INDUSTRIES
Government Utilities
Transportation and Infrastructure
EDUCATION
J D , University of Florida, High Honors, 2000
B.A., University of Florida, Honors, 1994
ADMISSIONS
Southern and Middle Districts of Florida and the Eleventh Circuit Court of Appeal
AMY TAYLOR PETRICK
Shareholder
S. Rosemary Avenue, Suite 1100 | West Palm Beach FL 33401
AWARDS AND RECOGNITIONS
Best Lawyers in America: Ones to Watch, Environmental Litigation, 2023-present Top Lawyer in Administrative/Regulatory Law, Palm Beach Illustrated Magazine, 2021
Florida Association of County Attorneys, President’s Award, 2012; Writing Award, 2011
Book Awards: Trust & Estates, Family Law, White Collar Crime Order of the Coif
REPRESENTATIVE COURT DECISIONS
Mizner Trail Golf Club Ltd. v. Palm Beach County, 16 So. 3d 331 (Fla. 4th DCA 2006), Ms. Petrick successfully defended Palm Beach County against a $65 million inverse condemnation claim relating to a golf course conversion application at trial and on appeal.
Flagler Center Properties, LLP v. Florida Department of Environmental Protection, 49 So. 3d 1280 (Fla. 4th DCA 2010), Ms. Petrick successfully defended Palm Beach County's environmental resource permit for the South Cove environmental restoration project, at hearing and on appeal.
Dascott v. Palm Beach County, 988 So. 2d 47 (Fla. 4th DCA 2008), Ms. Petrick successfully argued that no claims for monetary damages can be maintained for Sunshine Law violations.
Westgate Tabernacle, Inc., v. Palm Beach County, 14 So.3d 1027 (Fla. 4th DCA 2009), Ms. Petrick obtained a defense jury verdict for the County, which was later affirmed in the cited appellate case, in a religious land use case brought against the County under the Religious Freed Restoration Act ("RFRA") and the Religious Land Use and Institutionalize Persons Act ("RLUIPA").
PREVIOUS PROFESSIONAL EXPERIENCE
Martin County Attorney's Office, Senior Assistant County Attorney, 2015-2016
Palm Beach County Attorney's Office, Senior Assistant County Attorney, 2001-2015
Florida Atlantic University, Adjunct Graduate Professor, taught Administrative Law to candidates in the Masters of Public Administration Program
Florida Fourth District Court of Appeal, Law Clerk for the Honorable Robert M. Gross, 2000-2001
4870-0158-5243, v. 1
ROBERT P. DIFFENDERFER
Shareholder
561.640.0820 | rdiffenderfer@llw-law.com | 360 S. Rosemary Avenue, Suite 1100 | West Palm Beach, FL 33401
Mr. Diffenderfer maintains a diverse governmental practice involving complex environmental and land use matters, including representation before local, state and federal legislative and regulatory bodies. Mr. Diffenderfer is Chair of the firm’s Business Development Committee.
AREAS OF PRACTICE
Immediate Past Chair of the firm's transportation and infrastructure industry group for major public infrastructure projects, including highway, port and airport planning and permitting and Development of Regional Impact (DRI) review.
Represents private and public clients, counseling on growth management issues and obtaining comprehensive plan and zoning approvals; defends those approvals from third party challenge. Represents special districts on a variety of organizational and operational issues and special projects.
Successfully represented state university interests in obtaining legislation to authorize the transfer of land from the Trustees of the Internal Improvement Trust Fund to the university's foundation.
Has handled a variety of growth management, land use and regulatory issues for large public infrastructure projects and various Florida Department of Transportation highway projects, including:
o Fort Lauderdale-Hollywood International Airport
o Palm Beach International Airport
o North Palm Beach County General Aviation Airport
o Port of Fort Pierce
o Port of Panama City
o Panama City Airport
PRACTICES
Environmental and Natural Resources Law
Land Use and Real Estate Law
Administrative, Civil and Appellate Litigation
Governmental Law
INDUSTRIES
Transportation and Infrastructure
EDUCATION
J.D., Georgetown University Law Center, 1984
B A , cum laude, Florida State University, 1980
ADMISSIONS
Admitted to the U.S. District Court for the District of Columbia
Admitted to the U.S. District Courts for the Southern and Middle Districts, Florida
PROFESSIONAL, CIVIC AND COMMUNITY INVOLVEMENT
Pine Jog Environmental Education Center, Past Board Member and Chair.
Chamber of Commerce of the Palm Beaches, Trustee and Immediate Past Chair.
The Church of Bethesda-by-the-Sea, Chancellor.
Association of Florida Community Developers, Growth, Transportation and Infrastructure Task Force, Member
The Florida Bar: Environmental and Land Use Law Section, Administrative Law Section and City, County and Local Government Law Section, Member.
Palm Beach and Collier County Bar Associations, Member.
American Bar Association: Section of Environment, Energy and Resources and State and Local Government Law Section, Member.
2000 Presidential Rank Review Board, Appointee.
Naples Regional Urban Design Assistance Team (R/UDAT) Citizen's Task Force, Committee on Environmental Issues, Member, 1987-1988.
Best Lawyers in America, Environmental Law, 2023-present Power Leader, South Florida Business Journal, 2023.
Listed in Who’s Who Legal, Environmental Law, 2010, 2013, 2015.
Listed in Chambers and Partners USA Guide, an annual listing of the leading lawyers and law firms in the world, 2008-2009; 2012-2015.
Florida Super Lawyers, 2008.
Palm Beach Illustrated Magazine Top Lawyer in Environmental Law, 2018, 2020-present; Top Lawyer in Land Use and Zoning Law, 2020-2021; Top Lawyer in Transportation Law, 2021.
PRESENTATIONS AND PUBLICATIONS
Drones: A Florida Perspective, Florida Engineering Society, March 2017
Numeric Nutrient Criteria in Region 4: Current Progress and Remaining Challenges, presented at the American Bar Association Key Environmental Issues in U.S. Environmental Protection Agency Region 4, March 2015.
Cleared for Takeoff: Insights on Economic Development and Land Use Compatibility at Airports, presented at the Florida Planning and Zoning Association Conference, June 2014.
Accelerated Wetlands Losses in Coastal Watersheds, Journal of American Water Works Association, April 2014. The FAA Begins a New Chapter in Hazardous Wildlife Management, Florida Aviation Business Magazine, July 2013. Elimination, Reduction, and Minimization of Impacts, Florida Environmental and Land Use Law Treatise, June 2013. Where Water and Energy Meet, Journal AWWA, May 2013.
Secondary and Cumulative Impacts Analysis and the Clean Water Act, Journal AWWA, July 2012.
Numeric Nutrient Criteria for Florida, presented at the Local Government Law in Florida Conference, May 2012.
Environmental Issues Facing Florida’s Local Government, webinar presented to the Florida City and County Management Association, November 2011.
Airport-Community-Environment-Noise Mitigation and More, presented at the Florida Airports Council Conference, July 2011.
Top Ten Tips for Quasi-Judicial Hearings, presented at What You Need to Know about Public Records and Open Meetings in Florida, August 2003.
Latest Developments and Issues Relating to Florida’s Public Records Law, February 2003. The Freedom of Information Act 5.U.S.C. 552, as Amended by Public Law No, 104-231, 110 Stat. 3028, February 2003.
Top Ten Tips for a Quasi-Judicial Hearing, the Florida Bar Environmental and Land Use Law Section Reporter, Vol. XIX, No. 5, July 1998.
TARA W. DUHY Executive Shareholder
561.640.0820 | tduhy@llw-law.com | 360 S. Rosemary Avenue, Suite 1100 | West Palm Beach, FL 33401
AREAS OF PRACTICE
Maintains a state-wide land use, natural resource and water law practice, counseling clients through all aspects of development and advising clients through every stage of permitting and government coordination and enforcement related to:
o Comprehensive land use planning;
o Zoning, site planning and other local development orders;
o Transportation planning and concurrency, including coordination with the Florida Department of Transportation and regional metropolitan planning organizations;
o Development of regional impact (“DRI”) review, including coordination with the Florida Department of Economic Opportunity and regional planning councils;
o Environmental resource permitting (“ERP”) and water use permitting through the various Florida water management districts;
o Coastal construction and environmental wetland permitting through the Florida Department of Environmental Protection and Florida Fish and Wildlife Conservation Commission;
o Federal wetland and coastal construction permitting through the U.S. Environmental Protection Agency and U.S. Army Corps of Engineers;
o Endangered Species Act coordination with the U.S. Fish and Wildlife Service; and
o Federal NEPA compliance.
Represents public and private clients in administrative and civil litigation, including appeals, related to land use, government, natural resources and water law.
Represents local governments, community redevelopment agencies and special districts as general counsel and as special counsel related to environmental and land use issues, public/private partnerships, public records and the Government in the Sunshine Law.
CHAIR
Land Use and Real Estate Law
PRACTICES
Environmental and Natural Resources Law
Land Use and Real Estate Law
Administrative, Civil, and Appellate Litigation
Governmental Law
INDUSTRIES
Government
Transportation and Infrastructure
Real Estate Development
EDUCATION
J D , University of Colorado School of Law, 2004
B.S., Northwestern University, 1997
REPRESENTATIVE COURT DECISIONS
Alerts of PBC, Inc., et. al v. Palm Beach County and Minto PBLH, LLC, Case No. 502014CA014424XXXXMB (Fla. 15th Cir. Ct. 2016) affirmed, 1000 Friends of Florida, Inc., et al. v. City of Westlake, et al., Case No. 16-1730 (Fla. 4th DCA 2017), Final Summary Judgment granted in favor of Palm Beach County and Minto PBLH, LLC, permitting development of 4,000 acre agricultural site.
Seminole Tribe of Florida v. Hendry County, Florida Power & Light Co. and McDaniel Reserve Realty Holdings, LLC, Case No. 2011-CA-540 (Fla. 20th Cir. Ct. 2014); affirmed, Hendry County et al., v. Seminole Tribe, Case No. 2D-14-4965 (2d DCA 2015) – The Circuit Court ruled that the County’s rezoning of agricultural land to permit the construction of a regional natural gas power plant next to the Big Cypress Seminole Indian Reservation was inconsistent with the Hendry County Comprehensive Plan, and therefore void and unenforceable.
Alerts of PBC, Inc., et. al v. Palm Beach County and Minto PBLH, LLC, DOAH Case No. 14-5657GM (Fla.Div.Admin.Hrgs. 2015) – The Administrative Law Judge and Department of Economic Opportunity found that comprehensive plan amendments for a 4,000 acre agricultural site adopted by Palm Beach County were in compliance with Florida’s growth management laws.
Seminole Tribe of Florida v. Hendry County, Case No. 14-1441GM (Fla.Div.Admin.Hrgs. 2015) - The Administrative Law Judge held that Hendry County’s amendments to its Comprehensive Plan allowing large scale industrial and commercial uses in rural agricultural areas were not supported by adequate data and analysis and violated Florida’s Community Planning Act by creating urban sprawl and failing to contain adequate criteria to guide future development.
Marc Ripps v. City of Coconut Creek and the Seminole Tribe of Florida, Case No. 11-004782(19) (Fla. 17th Cir. Ct. 2012) – The Circuit Court held that a rezoning allowing a hotel/entertainment complex was consistent with the City’s rezoning criteria and complied with state law regarding DRIs.
Gary Pirtle v. Roy D. Voss and Department of Environmental Protection, DOAH Case No. 13-0515 (Fla.Div.Admin.Hrgs. 2013) – The Administrative Law Judge found that installation of dock mooring pilings interfered with a neighbor’s riparian rights by blocking navigation to his dock.
Miami-Dade County v. Dopplemayr Cable Car, GMBH and Co KG, and Mitsubishi Heavy Industries of America, Case No. 13-02937 CA 08 (Fla. 11th Cir. Ct. 2013) - The 11th Circuit Court of Appeals held that confidential documents submitted by a bidder for a county contract contained trade secrets that are exempt from disclosure under Florida's Public Records Act.
PUBLICATIONS AND PRESENTATIONS
“Florida Property Owners: This Little-Known Law Could Help You Weather the Next Hurricane”, September 2023.
“The State of Housing”, Panelist, October 2022.
“To Solve Affordable Housing, Drop the ‘NIMBY’ Attitude”, co-authored with Robert Angus Williams, July 2022.
“Transportation Planning: How Do We Get There from Here” Florida Chamber Foundation Annual Environmental Permitting Summer School, July 2016.
“Current Issues in Florida Land Use Law” Lorman Education Services Webinar, April 2016.
“Legal Issues in Environmental Permitting and Land Use” Florida Association of Environmental Professionals Annual Conference and Training Symposium, September 2015.
“Repositioning your Florida Development by Substantially Reducing Transportation Mitigation Costs” Florida Chamber Foundation Annual Environmental Permitting Summer School, July 2013 and July 2014.
“U S Supreme Court Offers Clean Water Act Plaintiffs Their Day in Court,” co-authored with Kevin Hennessy, Journal American Water Works Association, June 2012.
“Clean Water Act Section 404 Jurisdiction Update: The Everglades Agricultural Area” presented at the Florida Mine Safety, Health & Environmental conference held in Orlando, February 2011.
“Status of the Environmental Impact Statement (EIS) for Limerock and Aggregate Mining in Southwest Florida” presented at the Florida Limerock and Aggregate Institute Meeting in Orlando, October 2010.
“Mining in the EAA” presented to the Palm Beach County Bar Association Environment and Land Use Law Committee, August 2010.
“Transportation Update” presented at the Florida Bar Environment and Land Use Law Annual Update, held in Ponte Vedra Beach, August 2010.
“When is Agricultural the Normal Circumstance?” presented as part of the “Water Issues in an Evolving Legal Climate” panel at the ABA Section of Environment, Energy, and Resources 39th Annual Conference on Environmental Law, held in Salt Lake City, Utah, March 2010.
“Mobility and Economic Development” presented as part of “Transportation Impact Fees” panel at the American Bar Association Mid-Year Meeting held in Orlando, February 2010.
“Green Initiatives: In Theory and In Practice” presented at the 4th Campus & Community Sustainability Conference held at the University of South Florida, October 2009.
“Ninth Circuit Holds that Jurisdictional Determinations from U.S. Army Corps Are Not Judicially Reviewable: Practical Considerations”, Water Quality and Wetlands Committee Newsletter, January 2009.
“Rapanos: An Interpretive Dance” presented at the South Florida Association of Environmental Professionals Annual Conference, November 2007
“Special Districts and Florida’s Sunshine Law: How to Stay in the Sun and Avoid the Shadows”, June 2007.
“State and Federal Administrative Mechanisms for Protection Instream Flows: Key Issues in the East, the Role of Reservations in Florida Water Law”, May 2006
PROFESSIONAL, CIVIC AND COMMUNITY INVOLVEMENT
The Florida Bar, Member, 2004
o Environmental and Land Use Law Section, Executive Council, 2009-2013
The American Bar Association, Member
o Section on Energy and Environmental Resources
o Section on Real Property, Trust and Estate Law
The Palm Beach County Bar Association, Member
o Environmental and Land Use Law Committee, Co-Chair, 2011-2015
Association of Florida Community Developers, Member
North Palm Beach County Chamber of Commerce, Member
Chamber of Commerce of the Palm Beaches
o Trustee, 2023-present
Leadership Florida, Cornerstone Class 39 (2019)
o Gulfstream Regional Council, 2021
Leadership Palm Beach County, Class of 2011
Easter Seals of Florida, Board of Directors, 2012-2014
Healthy Mothers Healthy Babies Coalition of Palm Beach County, Inc.
o Board of Directors, 2016-2018
o Board of Directors, 2015-present
o Co-Chair of Moments Luncheon and Silent Auction, 2014-present
AWARDS AND HONORS
Best Lawyers in America, Land Use and Zoning Law, Environmental Law, 2023-present
Palm Beach Illustrated Magazine Top Lawyer in Land Use and Zoning Law, 2020-present; Top Lawyer in Environmental Law, 2022
Women in Leadership, Florida Trend Magazine, November 2021
Florida Rising Star, 2009-2010, 2013-2015
Listed as a “Rising Star” in the Daily Business Review’s “40 under 40” Issue, September 2013.
Recipient, the Judy Florence Memorial Outstanding Service Award, presented by the Executive Council of the Environmental and Land Use Law Section of the Florida Bar, 2007-2008
EXHIBIT B B EXHIBIT B EXHIBIT B
BOARDCERTIFIEDMEMBERPROFILE
Janice Dawn Rustin
Bar Number: 95727
Mail Address: Lewis,Longman & Walker,P A 360 S Rosemary Ave Ste 1100 West Palm Beach,FL 33401-6055
Nova Southeastern University -Shepard Broad College of Law,2011
Board Certifications: Area Year
City,County and Local Government Law 2019
Sections:
City,County & Local Govt Law
Labor and Employment Law
Firm: Lewis,Longman & Walker,P.A.
The Find a Lawyer directory is provided as a public service The Florida Bar maintains limited basic information about lawyers licensed to practice in the state (eg ,name,address,year of birth,gender,law schoolsattended,admission year) However,The Florida Bar allowsindividual attorneysthe opportunity to add personal and professional information to the directory The lawyer issolely responsible for reviewing and updating any additional information in the directory The lawyer'sadded information is not reviewed by The Bar for accuracy and The Bar makes no warranty of any kind,express or implied The Florida Bar,itsBoard of Governors,employees,and agentsare not responsible for the accuracy of that additional information Publication of lawyers'contact information in thislisting doesnot mean the lawyershave agreed to receive unsolicited communicationsin any form Unauthorized use of thisdata may result in civil or criminal penalties The Find a Lawyer directory isnot a lawyer referral service.
SECTIONMEMBERPROFILE
Seth C.Behn
Member inGoodStanding
EligibletoPracticeLawinFlorida
Bar Number: 115322
Mail Address: Lewis,Longman & Walker,P A 360 S Rosemary Ave Ste 1100 West Palm Beach,FL 33401-6055
Office:561-640-0820
Fax:561-640-8202
Email: sbehn@llw-law com
Personal Bar URL: https://www.floridabar.org/mybarprofile/115322
vCard:
County: Palm Beach Circuit: 15
Admitted: 04/14/2015
10-Year Discipline History: None
Law School:
Nova Southeastern University -Shepard Broad College of Law,2014
Board Certifications: Area Year
City,County and Local Government Law 2023
Sections:
City,County & Local Govt Law
Environmental & Land Use Law Government Lawyer
Practice Areas: Government
Firm: Lewis,Longman & Walker,P.A.
Firm Size: 21-50
Firm Position: Partner/Shareholder
Firm Website:
Robert Parrish Diffenderfer "Robert P. Diffenderfer"
Bar Number: 434906
Mail Address:
Lewis,Longman & Walker,P A
360 S Rosemary Ave Ste 1100 West Palm Beach,FL 33401-6055
Office:561-640-0820
Cell:561-640-0820 -No Text Messages
Fax:561-640-8202
Email: rdiffenderfer@llw-law.com
Personal Bar URL:
https://www floridabar org/mybarprofile/Robert P Diffenderfer
vCard: County: Palm Beach Circuit: 15
Admitted: 10/19/1984
10-Year Discipline History: None
Law School: Georgetown University Law Center
Sections: Administrative Law City,County & Local Govt Law Environmental & Land Use Law
Firm: Lewis,Longman & Walker,P.A.
Firm Size: 21-50
Firm Position: Partner/Shareholder
Firm Website: https://www.llw-law.com
The Find a Lawyer directory is provided as a public service The Florida Bar maintains limited basic information about lawyers licensed to practice in the state (eg ,name,address,year of birth,gender,law schoolsattended,admission year) However,The Florida Bar allowsindividual attorneysthe opportunity to add personal and professional information to the directory The lawyer issolely responsible for reviewing and updating any additional information in the directory The lawyer'sadded information is not reviewed by The Bar for accuracy and The Bar makes no warranty of any kind,express or implied The Florida Bar,itsBoard of Governors,employees,and agentsare not responsible for the accuracy of that additional information Publication
MEMBERPROFILE
Tara W idholm Duhy
Member inGoodStanding
EligibletoPracticeLawinFlorida
Bar Number: 796891
Mail Address: Lewis,Longman & Walker,P A 360 S Rosemary Ave Ste 1100 West Palm Beach,FL 33401-6055
The Find a Lawyer directory is provided as a public service The Florida Bar maintains limited basic information about lawyers licensed to practice in the state (eg ,name,address,year of birth,gender,law schoolsattended,admission year) However,The Florida Bar allowsindividual attorneysthe opportunity to add personal and professional information to the directory The lawyer issolely responsible for reviewing and updating any additional information in the directory The lawyer'sadded information is not reviewed by The Bar for accuracy and The Bar makes no warranty of any kind,express or implied The Florida Bar,itsBoard of Governors,employees,and agentsare not responsible for the accuracy of that additional information Publication of lawyers'contact information in thislisting doesnot mean the lawyershave agreed to receive unsolicited communicationsin any form Unauthorized use of thisdata may result in civil or criminal penalties The Find a Lawyer directory isnot a lawyer referral service.
MEMBERPROFILE
Amy Taylor Petrick
Bar Number: 315590
Mail Address:
LewisLongman & Walker,P A 360 South Rosemary Avenue,Suite 1100 West Palm Beach,FL 33401-4327
Office:561-640-0820
Cell:561-640-0820
Fax:561-640-8202
Email: apetrick@llw-law com
Personal Bar URL:
https://www floridabar org/mybarprofile/315590
vCard: County: Palm Beach Circuit: 15
Admitted: 09/11/2000
10-Year Discipline History: None
Law School:
University of Florida,Fredric G Levin College of Law
Board Certifications: Area
City,County and Local Government Law
Sections: Administrative Law
City,County & Local Govt Law
Government Lawyer
Firm: LewisLongman & Walker,P.A.
The Find a Lawyer directory is provided as a public service The Florida Bar maintains limited basic information about lawyers licensed to practice in the state (eg ,name,address,year of birth,gender,law schoolsattended,admission year) However,The Florida Bar allowsindividual attorneysthe opportunity to add personal and professional information to the directory The lawyer issolely responsible for reviewing and updating any additional information in the directory The lawyer'sadded information is not reviewed by The Bar for accuracy and The Bar makes no warranty of any kind,express or implied The Florida Bar,itsBoard of Governors,employees,and agentsare not responsible for the accuracy of that additional information Publication of lawyers'contact information in thislisting doesnot mean the lawyershave agreed to receive unsolicited communicationsin any form Unauthorized use of thisdata may result in civil or criminal penalties The Find a Lawyer directory isnot a lawyer referral service.
MEMBERPROFILE
Kathryn Barkett Rossmell
EligibletoPracticeLawinFlorida
Bar Number: 98240
Mail Address:
Lewis,Longman,and Walker,P A 360 S Rosemary Ave Ste 1100 West Palm Beach,FL 33401-6055
University of Florida,Fredric G.Levin College of Law,2012
Board Certifications: Area Year
City,County and Local Government Law 2023
Sections: Administrative Law
City,County & Local Govt Law
Environmental & Land Use Law
Firm:
Lewis,Longman,and Walker,P A
Firm Position: Partner/Shareholder
Firm Website: http://www llw-law com
The Find a Lawyer directory is provided as a public service The Florida Bar maintains limited basic information about lawyers licensed to practice in the state (eg ,name,address,year of birth,gender,law schoolsattended,admission year) However,The Florida Bar allowsindividual attorneysthe opportunity to add personal and professional information to the directory The lawyer issolely responsible for reviewing and updating any additional information in the directory The lawyer'sadded information is not reviewed by The Bar for accuracy and The Bar makes no warranty of any kind,express or implied The Florida Bar,itsBoard of Governors,employees,and agentsare not responsible for the accuracy of that additional information Publication of lawyers'contact information in thislisting doesnot mean the lawyershave agreed to receive unsolicited communicationsin any form Unauthorized use of thisdata may result in civil or criminal penalties The Find a Lawyer directory isnot a lawyer referral service.
EXHIBIT C EXHIBIT C EXHIBIT C
C. Description of Scholarship, Panels, and Other Firm Activities
That Show Member and Expertise In the Following Florida Bar Sections
Janice D. Rustin
1 New Requirements for Florida Government Contracts, August 2024
2 Public Procurement Using Federal Funds, Florida Association of Special Districts Annual Conference, June 2023
3 Lessons from the Great Recession: How Actions Taken After the Great Recession Have Helped Prepare Local Pension Plans for Future Economic Downturns, Public Employment Labor Relations Forum, October 2022
4. Implementing and Administering Firefighter Cancer Benefits, Florida Association of County Attorneys Annual CLE Seminar, July 2021
5. Firefighter Cancer Benefits: A Case for Prospective Application, The Florida Bar Journal, July 2020 (CoAuthored with Glenn E. Thomas)
6. Moving Toward Reopening Government, June 2020 (Co-presented with Seth Behn, Brenna M. Durden, Nicole J. Poot, Glenn E. Thomas & James W. Linn)
7. Understanding the Force Majeure Clause and Its Role in Contracts with Special Districts During the Pandemic, June 2020 (Co-authored with Seth C. Behn & Glenn E. Thomas)
8 Emerging Issues in Florida Pension Law 2020, Florida Public Employers Labor Relations Annual Training Conference, February 2020
Kathryn B. Rossmell
9 New Tools, Old Rules: Ethics and Technology for Environmental Professionals, Florida Chamber of Commerce Environmental Permitting Summer School, July 2024
10 Lesser-Known Development Tool Has Major Impact, April 2023
11 One Byte at a Time, Florida Chamber of Commerce Environmental Permitting Summer School, July 2022
12. Master Your Tech, Florida Chamber of Commerce Environmental Permitting Summer School, July 2021
13. Ethical and Technology Issues for Environmental, Land Use, and Government Attorneys, Presentation to the Environmental and Land Use Section of the Florida Bar, October 2020
14. Something Old, Something New – Ethics and Technology for Environmental Professionals On the Go, Florida Chamber of Commerce Environmental Permitting Summer School, July 2020
Seth C. Behn
15 The Evolution of Transportation, Infrastructure, and Resiliency Efforts, Florida Chamber of Commerce Environmental Permitting Summer School, July 2024
16 Ethics, Sunshine Law and Records Management, Florida Association of Special Districts, June 2024 (Copresented with M. Christopher Lyon)
17 Potential Implications for Local Governments and Land Use Practitioners, Palm Beach County Bar Association 2024 Legislative Update, January 2024
18. Florida Land Use and Environmental Dispute Resolution Act: Your Special Magistrate Process, Florida Planning and Zoning Association State Conference, June 2023
19. Ethics, Sunshine Law and Records Management, Florida Association of Special Districts, June 2023 (Copresented with M. Christopher Lyon)
20. Florida Land Use and Environmental Dispute Resolution Act, Florida Bar Annual Local Government Law in Florida Conference, April 2023 (Co-presented with Brenna Durden)
21. Elections, Ethics, Sunshine Law and Records Management, Florida Association of Special Districts, June 2022 (Co-presented with M. Christopher Lyon)
C. Description of Scholarship, Panels, and Other Firm Activities That Show Member and Expertise In the Following Florida Bar Sections
22. Government Entities Must Pay 298 Drainage District Assessments, December 2021 (Co-authored with M. Christopher Lyon)
23 Court Confirms Docking Rights in Artificial Canals - Even When No Riparian Rights Exist, August 2021 (Co-authored with Andrew J. Baumann)
24 Emerging Trends in Transportation Planning and Infrastructure: How Do We Get There from Here? Florida Chamber of Commerce Environmental Permitting Summer School, July 2021
25 Moving Toward Reopening Government, June 2020 (Co-presented with Janice D. Rustin, Brenna M. Durden, Nicole J. Poot, Glenn E. Thomas & James W. Linn)
26. Understanding the Force Majeure Clause and Its Role in Contracts with Special Districts During the Pandemic, June 2020 (Co-authored with Janice D. Rustin & Glenn E. Thomas)
27. COVID-19 and Its Impact on Special Districts, April 2020 (Co-presented with M. Christopher Lyon, James W. Linn, Glenn E. Thomas & Nicole J. Poot)
Amy Taylor Petrick
28. Federal Takings: New Developments and the Effects in Florida, Florida Land Use Law Conference, August 2024
29 Handling Public Records Requests for Vendor/Contractor Records, Association of Records Managers and Administrators Palm Beach Chapter, May 2023
30. Who’s on First: Handling Public Records Requests for Vendor/Contractor Documents, Association of Records Managers and Administrators Sunshine Conference, February 2023
31 Expert Witness in the Zoom Era, 2021 (Co-presented with Kevin S. Hennessy & Frederick L. Aschauer, Jr.)
32. Expert Witness Training, Southwest Florida Association of Environmental Professionals, August 2020
Tara W. Duhy
33 Florida Property Owners: This Little-Known Law Could Help You Weather the Next Hurricane, September 2023
34 The State of Housing, Panelist, October 2022
35. To Solve Affordable Housing, Drop the "NIMBY" Attitude, July 2022 (Co-authored with Robert Angus Williams)
EXHIBIT D EXHIBIT D EXHIBIT D
Lewis, Longman & Walker –
In the 30 years of its existence, Lewis, Longman & Walker has provided General or Special Counsel and Legislative representation to hundreds of governmental entities. Current and prior representations include:
Cities
- Atlantic Beach, City of
- Boynton Beach, City of
- Bradenton, City of
- Fort Myers, City of
- Highland Beach, Town of
- Jacksonville Beach, City of
- Jacksonville, City of
- Jupiter, Town of
- Lake Park, Town of
- Lake Worth, City of
- Boynton Beach CRA
- City of Bartow CRA
- Marco Island, City of
- Miami Beach, City of
- Ocean Ridge, Town of
- 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
- Fort Walton Beach CRA
- Riviera Beach CRA
- City of Hollywood Beach CRA
- Delray Beach Community CRA
- Westgate/Belvedere Homes CRA
- West Palm Beach CRA
Counties and County Departments
- Broward County, Department of Airports
- Charlotte County School Board
- District School Board of Collier County
- Duval County, Jacksonville Aviation Authority
- Flagler County
- Hollywood Employees’ Retirement Fund
- Leon County
- Martin County Board of County Commissioners
- Monroe County
- Monroe County, Department of Airports
- Avalon-Mulat Fire Protection District
- Okaloosa County Board of County Commissioners
- Orange County
- Palm Beach 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
Special Districts
- Bonita Springs Fire Control & Rescue District
- Big Corkscrew Island Fire Control District
- Cedar Hammock Fire Control District
- Central County Water Control District
- Citrus County Mosquito Control District
- CityPlace Community Development District
- Cold Springs Improvement District
- Coral Springs Improvement District
- County Line Drainage District
- Cow Slough Water Control 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
- 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 Worth Drainage District
- Lee County Mosquito Control District
- Lehigh Acres Fire Control & Rescue District
- Lehigh Acres Municipal Services Improvement 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
- San Carlos Estates Water Control District
- 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
- State Board of Administration
- Florida Department of Transportation
- Panama City Airport Authority
State Agencies
- Florida Department of Education
- Florida Department of Agriculture and Consumer Services
Airport Authorities
- St. Lucie County Port and Airport Authority
- Broward County Aviation Department
- PalmBeach County Department of Airports
- Boca Raton Airport Authority
- Canaveral Port Authority
- Jacksonville Port Authority
- Manatee County Port Authority
- Panama City Port Authority
- Port of Pensacola
- Port of Ft. Pierce
- Port of Palm Beach
- Port of Port St. Joe
- Lee County Port Authority
- Jacksonville Electric Authority
- Jacksonville Aviation Authority
- City of Pensacola Airport Authority
- Monroe County – Key West Airport Authority
- Pinellas County – St. PeteClearwater Airport Authority
- St. Johns County Airport Authority
Port Authorities
Other
- Peace River Manasota Regional Water Supply Authority
- Treasure Coast Regional Planning Council
- Seminole Tribe of Florida
EXHIBIT E EXHIBIT E EXHIBIT E
The following is a list of the Firm’s attorneys’ participation in Florida Bar sections.
City, County and Local Government Section Members:
Janice Rustin
Kathryn Rossmell
Seth Behn
Amy Taylor Petrick
Robert Diffenderfer
Bill Capko
Brenna Durden
Richard Green
Nicole Poot
Glenn Thomas
Administrative Law Section Members:
Kathryn Rossmell
Amy Taylor Petrick
Robert Diffenderfer
Brenna Durden
Kat Hupp
Chris Perrigan
Glenn Thomas
Government Lawyer Section:
Seth Behn
Amy Taylor Petrick
Environmental and Land Use Law Section Members:
Kathryn Rossmell
Seth Behn
Robert Diffenderfer
Tara Duhy
Fred Aschauer
Andy Baumann
Lauren Brooks (Treasurer, 2022-2023; Secretary 2021-2022; Program Co-Chair 2020-2022)
Bill Capko
Michelle Diffenderfer
Ken Dodge
Brenna Durden
Richard Green
Kevin Hennessy
Kat Hupp (Executive Council Co-Chair, Social Media & Technology Committee, 2022-present)
Julie Jennison
Chris Perrigan
Steve Walker 4881-5264-2018, v. 3
EXHIBIT F EXHIBIT E EXHIBIT F
Via email: bidquestion@downtownwpb.com
Executive Director Teneka James-Feaman West Palm Beach Downtown Development Authority
Re: Response to RFQ 2024-001 Legal Services
September 8, 2024
Dear Executive Director James-Feaman:
I am pleased to submit this response to the Request for Qualifications 2024-001, Legal Services for the West Palm Beach Downtown Development Authority (“DDA”). I would be honored to continue to serve the DDA as General Counsel.
TG Law is committed to providing high quality legal services to our clients on a variety of legal matters including Florida government law, providing legal advice to Boards of Directors, governing bodies and committees, public governance (including Robert's Rules of Order and conducting meetings), contract negotiations, labor and employment matters, civil litigation, interlocal agreements, public records, Sunshine Law, Florida Code of Ethics, drafting and reviewing agreements as well as contract law. We are uniquely qualified to serve as the attorney for the DDA with our unique combination of experience working for Florida local governments as both attorneys and government administrators.
TG Law’s core business is in municipal law. We provide legal advice to elected and appointed officials, boards, and employees on a variety of matters, whether in public meetings or in addressing daily legal issues. We pride ourselves on establishing and maintaining professional, efficient working relationships with each entity’s officials, volunteers and employees. We build and maintain these relationships through our use of effective interpersonal communication taking into account cultural and situational context, non-verbal as well as verbal behavior, and active listening.
Our approach as General Counsel for the DDA will be to provide full-service, specialized legal services in a cost-effective manner. While Ms. Torcivia will serve as the General Counsel for the DDA, the rest of the TG Law team will be available to the DDA as needed. Additionally, the DDA will have seven day a week access to our attorneys via cell phone, text message and email. We are committed to providing prompt responses and solutions to all of the DDA’s legal needs.
Gemma Torcivia, Esq. has been admitted to practice law in the State of Florida since 2018, and a Certificate of Good Standing from the Florida Bar is enclosed with this response. She has been serving Florida local governments since 2018 first as an attorney with the West Palm Beach office of Roberts, Reynolds, Bedard and Tuzzio and then as Managing Partner of TG Law. TG Law was launched in the DDA in 2020 with our office at 515 N. Flagler Drive, Suite 350, West Palm Beach,
FL 33401. TG Law holds an active Business Tax Receipt with the City of West Palm Beach at the afore mentioned address, and is both a local business under the definitions of the RFQ is located within the boundaries of the DDA. A native of Palm Beach County, Ms. Torcivia is also a proud graduate of the Dreyfoos School of the Arts Class of 2000 (Communications), and a homeowner in the West Palm Beach Northwood community since 2017.
Thank you so much for the consideration, and I hope to be able to continue to work together and support the DDA in the critical work that it does for the Downtown West Palm Beach community.
Sincerely,
Gemma Torcivia, Esq.
Enclosures
Evaluation Factor 1 – Expertise and Experience
a. The attorneys at TG Law have extensive experience working for Florida local governments working as government attorneys and government administrators. All of our attorneys are barred in the State of Florida, and Gemma Torcivia is also barred in the Southern District of Florida (federal court) and the Supreme Court of the United States. None of our attorneys are certified in city, county, local and federal government law as defined by the Florida Bar.
b. Gemma Torcivia is very active in the Florida Bar, and is an alumni of the Florida Bar’s Wm. Reece Smith Jr. Leadership Academy. She currently serves as the Vice-Chair of the Florida Bar Advertising Committee, and is a member of the Florida Bar Governmental and Public Policy Advocacy Committee. She has been selected by Super Lawyers as a Rising Star for 2023-2024. She is the former Treasurer of the West Palm Beach based Craig S. Barnard American Inn of Court. She serves as a member of the Local Government and Land Use Committee of the Palm Beach Bar Association, and is the former chair of the Solo and Small Firm Committee. She is also a member of the Palm Beach County chapter of the Florida Association of Women Lawyers and is the former chair of Constitution Day. This section is addressed more fully as to the rest of the firm in the firm’s biographies and resumes enclosed.
c. This section is addressed in the firm’s biographies and resumes enclosed.
d. As the DDA is tasked with the complex and challenging responsibility of balancing the requirements of maintaining and expanding the qualities of downtown that enhance the area’s attractiveness and accessibility to businesses as well as residents and visitors, it is critical to have attorneys who understand the needs, challenge and opportunities that the DDA has. The TG Law has extensive experience providing legal services of impeccable quality to local municipalities and other governmental agencies in Florida. With a focus on special taxing districts, economic development, placemaking, and business attraction and its roots in the West Palm Beach DDA, TG Law is in a unique position to provide the DDA, the Board, its committees and task forces, and the Executive Director the expert legal assistance needed to address the diverse legal issues they encounter while performing the complex tasks inherent in balancing data driven economic development strategies and the quality of life of its constituents. The proposed General Counsel for the DDA, Gemma Torcivia, currently serves as the CRA Attorney the Belle Glade Community Redevelopment Agency (CRA), outside counsel for the City of Belle Glade, and General Counsel for the Early Learning Coalition of Osceola County, the Early Learning Coalition of Polk County, the Early Learning Coalition of Lake County, the Early Learning Coalition of the Nature Coast, the Early Learning Coalition of Pasco and Hernando, the Early Learning Coalition of the Emerald Coast, and the Early Learning Coalition of Marion County. She boasts substantial government-focused experience working as an attorney on several major cases for municipal governments and as the former Director of the Homestead Community Redevelopment Agency (CRA). Ms. Torcivia has extensive experience in civil litigation and, prior to founding TG Law, served as a defense attorney for a law firm that represented a number of municipalities and special districts in litigation including Town of Palm Beach, Town of Jupiter, Town of Ocean Ridge,
the City of Boynton Beach, the City of Delray Beach, Pal-Mar Water Control District, and Hobe-St. Lucie Conservancy District.
e. The TG Law has extensive experience in all of the areas that are specific to the requirements in this RFQ. Proposed General Counsel and Lead Attorney for all of the areas in the RFQ, Gemma Torcivia, has experience in the areas of Florida government law, providing legal advice to Boards of Directors, governing bodies and committees, public governance contract negotiations, civil litigation, inter-local agreements, public records, Sunshine Law, Florida Code of Ethics, and drafting and reviewing agreements. She has provided service in these areas to the other current municipal clients of the firm, and also as the former Interim City Attorney for the City of Pahokee. She believes in providing accurate, direct, clear and solution oriented legal advice to her clients.
f. Resumes of each key attorney to be assigned to the DDA are enclosed.
g. Proposed General Counsel and Lead Attorney for all of the areas in the RFQ, Gemma Torcivia, will directly supervise any other members of the TG Law team that provide support to the DDA.
h. The TG Law has prior experience in all of the areas that are specific to the requirements in this RFQ. Proposed General Counsel and Lead Attorney for all of the areas in the RFQ, Gemma Torcivia, has experience in the areas of Florida government law, providing legal advice to Boards of Directors, governing bodies and committees, public governance, contract negotiations, civil litigation, inter-local agreements, public records, Sunshine Law, Florida Code of Ethics, and drafting and reviewing agreements. She has provided service in these areas to the other current municipal clients of the firm: City of Belle Glade, Belle Glade Community Redevelopment Agency, Early Learning Coalition of Osceola County, Early Learning Coalition of Polk County, Early Learning Coalition of Lake County, Early Learning Coalition of the Nature Coast, Early Learning Coalition of Pasco and Hernando, Early Learning Coalition of the Emerald Coast, and Early Learning Coalition of Marion County, and also as the former Interim City Attorney for the City of Pahokee. All other attorneys of the firm provide service to all of the firm’s municipal and non-profit clients in the areas of: Florida government law, providing legal advice to Boards of Directors, governing bodies and committees, public governance, contract negotiations, civil litigation, public records law, Sunshine Law, and drafting and reviewing agreements
i. Documentation demonstrating that all attorneys are licensed to practice in the State of Florida and are in good standing is enclosed.
j. The attorneys representing the Firm’s local government clients are Ms. Torcivia, Zackery Good and Shlomo Hecht. The Firm’s attorneys have varied and extensive experience in governmental, redevelopment, land use and zoning, environmental and employment and labor law. The details related to each attorney’s experience follows.
i. Proposed General Counsel and Lead Attorney for all of the areas in the RFQ Gemma Torcivia, Esq.: Managing Partner Gemma Torcivia currently serves as the CRA Attorney for the Belle Glade Community Redevelopment Agency (CRA), lead outside counsel for the City of Belle Glade and as General Counsel for the Early Learning Coalition of Osceola County, Early Learning Coalition of Polk County, Early Learning Coalition of Lake County, Early Learning Coalition of the Nature Coast, Early Learning Coalition of Pasco and Hernando, Early Learning Coalition of the Emerald Coast, and Early Learning Coalition of Marion County. In her work as an attorney for the afore mentioned agencies, Ms. Torcivia provides legal advice in the areas of public finance, public procurement, and advises them on Florida Sunshine and public records law, and practice and procedures before local government, legislative, and quasi-judicial bodies. Ms. Torcivia also served as the Interim City Attorney/Outside Counsel for the City of Pahokee from 2022-2023, advising the City during regular and special meetings, drafting resolutions and ordinances, negotiating with and managing the relationship with state agencies, and helping create the City’s ARPA program. Ms. Torcivia worked extensively in 2019 and 2020 as an attorney at Roberts, Reynolds, Bedard & Tuzzio with two Special Districts, Pal-Mar Water Control District and HobeSt. Lucie Conservancy District, who were involved in protracted litigation with Martin County, the South Florida Water Management District, the Tax Collector of Martin County and the Property Appraiser of Martin County (Case No. 432018CA000389). The Special Districts ultimately prevailed on appeal to the Fourth District Court of Appeal in 2021. Ms. Torcivia has represented a number of local governments and helped them navigate a wide array of litigation matters including Town of Palm Beach, Town of Jupiter, Town of Ocean Ridge, the City of Boynton Beach and the City of Delray Beach. With Roberts, Reynolds, Bedard & Tuzzio, she provided vigorous defense for Florida local governments for governmental liability, eminent domain, construction defect, personal injury and civil rights cases. Prior to becoming an attorney, Ms. Torcivia served as the Executive Director of the Homestead Community Redevelopment Agency. In this role, she worked closely with the elected officials who governed the Agency, as well as with the City of Homestead, Miami-Dade County and the State of Florida. She also managed a $2.5 million annual budget, supervised five employees and provided direct services to the businesses and residents located within the Agency’s service area. With the City of Homestead, Ms. Torcivia managed contract negotiations and project plans for over $75 million of capital projects, negotiated the City’s first P3 (a $60 million public private partnership to develop a multi-modal transit development, including working with bond counsel on a $30 million taxable municipal bond). She continues to serve Homestead as project manager for New Market Tax Credits, and was the lead party that secured New Market Tax Credits including funding. She has
extensive experience in grant submission and grant management as both a government attorney and government administrator.
ii. Zackery Good, Esq : Zackery Good is an experienced government professional and lawyer with extensive experience in Florida local government. Mr. Good boasts a significant understanding of the challenging and important work local governments and special districts must undertake every day. His daily work involves complex local government problems like land use and zoning, procurement and contracts, utilities, bond referendums and non-ad valorem assessments. He is experienced in working on publicprivate partnerships and with federal funds and funding requirements.
iii. Sam Hecht, Esq : Sam Hecht is an experienced appellate attorney, and is experienced in local government law. He takes a results-driven approach to solving problems for clients, and is zealous with his advocacy. He has provided legal services and appellate services to a variety of clients, including large corporate clients, and is committed to providing all of his clients high quality, white glove service. He has won a number of multi-million dollar civil judgements for clients, and is an accomplished litigator as well as an appellate attorney.
Evaluation Factor 2 - Firms Methodology or Approach
a. TG Law is committed to providing expert legal advice and to working tirelessly and passionately in concert with the Board and the Executive Director to provide expert and timely legal advice to assist with the implementation of DDA’s exciting mission of enhancing the economic, social, and cultural atmosphere in the safe and encouraging environment of downtown West Palm Beach. The TG Law team believes in utilizing creative problem solving to assist the DDA in achieving its goals and objectives. Our mantra is “How can we get to yes within the framework of existing law?” Our team has first-hand experience in supporting governmental agencies that have a mission to enhance quality of life, attract businesses, grow, and redevelop. We make this commitment to all of our clients. We will do everything within our power to assist in implementing the mission of the DDA. We not only believe in the mission of the DDA, but the proposed General Counsel, Gemma Torcivia, lives in downtown West Palm Beach and the firm office is located in the DDA so we have a personal stake in its success since we experience its benefits every day. Part of our methodology is to work consistently and closely with Board members and staff to ensure that their objectives and legal needs are timely met. We are very responsive and will make ourselves available seven days a week – our attorneys are just a phone call, video call, text or email away. While we use technology to maximize value and efficiency, we are a firm that believes heartily in face to face meetings. We have found that when people are brought together for dialogue, many difficult issues can be resolved. Since we are based in Downtown West Palm Beach, we are just minutes away and easily accessible to the DDA. We also believe that training and workshops are a critical component of assisting our clients remain current and refreshed on all areas of Florida government law, but especially in Sunshine Law, Florida Code of Ethics, public records law and public governance. We will provide training sessions to Board members and staff and make ourselves available to provide additional support as needed with respect to training.
TG Law is also well qualified to help a special taxing district that is focused on the future: the DDA. The TG Law team has collectively helped secure funding for, manage, oversee, assist with contracting for, and completed over $300 million in new construction for governments. We have led a public-private development of over $65 million including securing a creative capital stack made up of New Markets Tax Credits, Federal Transit Administration funding, revenue bond secured by People’s Transportation Plan funding, County grant, state funding and local funding. We are experienced at navigating and papering complex deals involving local governments and private industry, and are experienced negotiators and deal makers. We believe that our real world, government experience in attracting, securing and delivering large scale development and redevelopment projects will serve the DDA well as it continues its mission for enhancing the business, social, and cultural aspects of Downtown West Palm Beach in a safe and easy to access manner.
Proposed General Counsel and Lead Attorney for all of the areas in the RFQ, Gemma Torcivia, will provide the DDA with the specific areas of law identified in the RFQ, including but not limited to: legal advice to Boards of Directors, governing bodies and committees,
public governance, contract negotiations, civil litigation, inter-local agreements, public records, Sunshine Law, Florida Code of Ethics, and drafting and reviewing agreements.
b. The TG Law is very responsive and we will make ourselves available seven days a week –our attorneys are just a phone call, video call, text or email away. We are committed to being responsive, and are adept at providing advice to complex legal issues.
c. TG Law will accommodate the preferred communication preferences of the Executive Director and Board of Directors, but believes in phone calls and face to face communication for difficult conversations. Email and text messages are ideal for information that needs to be conveyed quickly. However, we will accommodate each person’s preferred communication style and needs.
d. Our firm believes in not only participating in professional development, continuing legal education and training, but in providing it as well. Our attorneys work with the Florida Bar, the Palm Beach County Bar Association and other legal organizations in which they are involved to provide continuing legal education to other attorneys. We are committed to staying on top of all new developments and changes to the law that impact our clients.
e. The proposed General Counsel for the DDA, Gemma Torcivia, is very active in the Florida Bar, and is an alumni of the Florida Bar’s Wm. Reece Smith Jr. Leadership Academy. She currently serves as the Vice-Chair of the Florida Bar Advertising Committee, and is a member of the Florida Bar Governmental and Public Policy Advocacy Committee. She regularly participates in panels and talks as part of the Florida Bar, the Palm Beach County Bar Association, the Florida Association of Women Lawyers and for local students who are interested in pursuing careers in the law. She is also a member of the Local Government and Land Use Committee of the Palm Beach Bar Association.
f. Names and contact information for clients/references:
1) Kametra Driver - City of Belle Glade, (305) 785-2390, kdriver@belleglade-fl.com
2) Amanda Kelkenberg - Early Learning Coalition of Osceola County, (321) 219-6300, akelkenberg@elcosceola.org
3) Marc Hutek - Early Learning Coalition of Polk County, (863) 733-9064 ex. 301, marchutek@elcpolk.org
g. Belle Glade Community Redevelopment Agency (CRA), City of Belle Glade, Early Learning Coalition of Osceola County, Early Learning Coalition of Polk County, Early Learning Coalition of Lake County, Early Learning Coalition of the Nature Coast, Early Learning Coalition of Pasco and Hernando, Early Learning Coalition of the Emerald Coast, and Early Learning Coalition of Marion County.
h. Our firm is committed to the mission of the DDA as evidenced by our involvement in and commitment to the City of West Palm Beach. TG Law was launched in the DDA in 2020 with our office at 515 N. Flagler Drive, Suite 350, West Palm Beach, FL 33401. A native of
Palm Beach County, Gemma Torcivia is also a proud graduate of the Dreyfoos School of the Arts Class of 2000 (Communications), and a homeowner in the West Palm Beach Northwood community since 2017. Since we have worked in local government as administrators, we know how important fast, responsive and accurate responses from attorneys are and we will provide that service to the DDA. Our commitment to service and excellence for our clients is unparalleled.
HOURLY APPROACH
We propose an hourly fee of $225.00 per hour for work performed by attorneys, and $95.00 per hour for work performed by law clerks, paralegals, and other non-attorney staff. The hourly rate will increase by three percent (3%) annually, each October 1, commencing October 1, 2025.
RETAINER APPROACH
For the 2024-2025 fiscal year, TG Law proposes a monthly retainer of $2,900.00. This retainer will cover the cost of the DDA’s day-to-day and normal and customary legal matters. This monthly retainer will increase by three percent (3%) annually, each October 1, commencing October 1, 2025.
The following matters are not covered by the retainer and would be billed at a rate of $225.00 per hour for work performed by attorneys, and $95.00 per hour for work performed by law clerks, paralegals, and other non-attorney staff. The hourly rate will increase by three percent (3%) annually, each October 1, commencing October 1, 2025:
• litigation;
• appellate work;
• investigations;
• real estate transactions and closings;
• public-private partnerships;
• bonds and related financial matters;
• construction; and,
• special projects outside of the scope of the RFQ.
For either option, there will be no charge for mileage or travel time to/from DDA meetings.
REIMBURSABLE EXPENSES FOR EITHER APPROACH
The DDA shall reimburse TG Law for any reasonable and ordinary expenses and costs incurred during the course of providing legal services. The expenses and costs include, but are not limited to, out-of-pocket expenses for filing fees, recording, court reporters, photocopies, postage, research charges, and other usual and customary expenses. In the event of unusually large costs or expenses, TG Law reserves the right to require a cost deposit from the DDA prior to undertaking the expenditure of funds on the DDA’s behalf.
Evaluation Factor 4 – Local Preference
TG Law was launched in the DDA in 2020 with our office at 515 N. Flagler Drive, Suite 350, West Palm Beach, FL 33401. TG Law holds an active Business Tax Receipt with the City of West Palm Beach at the afore mentioned address, and is both a local business under the definitions of the RFQ is located within the boundaries of the DDA. 2024 Annual Report is enclosed.
Deliverable Items/Performance Requirements
a. TG Law PLLC is independent of the DDA as defined by generally accepted auditing standards.
b. All attorneys at TG Law PLLC are properly licensed to practice in the State of Florida.
c. All attorneys at TG Law PLLC are properly licensed to practice in the State of Florida and are in good standing with the Florida Bar. Gemma Torcivia has at least five (5) years’ experience practicing law in Florida and at least five (5) years’ experience in representing Florida local governments.
SWORN STATEMENT PURSUANT TO SECTION 287.133(3)(a), FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES
This sworn statement is submitted to the West Palm Beach Downtown Development Authority by Gemma Torcivia, Managing Partner of TG Law PLLC whose business address is 515 N. Flagler Drive, Suite 350, West Palm Beach, FL 33401 and whose FEIN is: 85-3871911.
1. 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.
2. 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.
3. 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 management of an affiliate. The ownership by one person of shares constituting a controlling 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.
4. 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.
5. Based on information and belief, the statement which I have marked below is true in relation to the entity submitting this sworn statement. [Indicate which statement applies]
X
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 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.
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 THE 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.
Under penalties of perjury, I declare that I have read the foregoing Sworn Statement on Public Entity Crimes and that the facts stated in it are true.
Dated: September 9, 2024
ENCLOSURES FOLLOW
ad Litem. She is active as the Vice Chair of the Florida Bar’s Advertising Committee and a member of the Governmental and Public Policy Advocacy Committee, the Palm Beach County Bar, the Palm Beach County chapter of Florida Association of Women Lawyers (FAWL) and the Craig S. Barnard American Inn of Court.
Gemma Torcivia
515 N. Flagler Drive, Suite 350, West Palm Beach, Florida 33401 * (561) 602-6222 * gtorcivia@tgjustice.com
EXPERIENCE
TG Law, PLLC, West Palm Beach, Florida 2020-present Founder/Managing Partner
• Founder and managing partner of a civil practice firm emphasizing local government law, business and corporate matters, land use, employment law, community redevelopment agencies, administrative law and legislative issues.
• Litigation in Federal and State Trial Courts and before administrative agencies.
• Representative 2024 government and non-profit clients: City of Belle Glade, Belle Glade Community Redevelopment Agency, Early Learning Coalition of Osceola County, Early Learning Coalition of Polk County, Early Learning Coalition of Lake County, Early Learning Coalition of the Nature Coast, Early Learning Coalition of Pasco and Hernando, Early Learning Coalition of the Emerald Coast, and Early Learning Coalition of Marion County.
City of Delray Beach, Delray Beach, Florida 2020 Economic Development Director
• Direct the City’s economic development response to COVID-19 and provide direct business support.
• Serve as a member of the Executive Leadership Team and provide critical guidance for emergency management operations.
Roberts, Reynolds, Bedard & Tuzzio, West Palm Beach, Florida 2018-2020 Associate Attorney
● Provided vigorous defense for Florida local governments for governmental liability, eminent domain, construction defect, personal injury and civil rights cases.
● Represented a variety of Florida governments in civil litigation including City of Boynton Beach, City of Delray Beach, Town of Palm Beach, Town of Jupiter, Pal-Mar Water Control District, and Hobe-St. Lucie Conservancy District.
● Prepared and managed insurance defense cases proceeding to trial, including developing and guiding case plans, drafting pleadings, managing discovery, conducting and defending depositions of fact and expert witnesses, attending hearings and participating in settlement negotiations.
Legal Aid Society of Palm Beach County, West Palm Beach, Florida 2018
Law Clerk and Staff Attorney
● Provided injunction assistance for victims of domestic violence.
Homestead Community Redevelopment Agency (CRA), Homestead, Florida 2016-2018
Executive Director
● Directed the Homestead CRA, managed five employees and a $2.5 million annual budget.
● Managed contract negotiations and project plans for over $75 million of capital projects.
● Negotiated a $60 million public private partnership to develop a multi-modal transit development, including working with bond counsel on a $30 million taxable municipal bond.
● Planned, drafted, and managed contracts for professional services including legal services, accounting services, HUD, grants management, New Market Tax Credits, landscaping and architecture services.
● Project manager for New Market Tax Credits, including securing funding and developing contracts.
● Negotiated with property owners and worked with City Attorney for property acquisition for public projects, including working on eminent domains, closings, and implement federal takings requirements.
City of Homestead, Homestead, Florida
Economic Development Manager
2011-2016
● Designed the City’s five-year economic development plan and built political will and community support for implementation of the strategic plan.
● Served as a team member on $55 million of capital projects that were completed on time and on budget.
● Drafted and presented agenda items, resolutions and ordinances for planning and zoning board meetings, historic preservation meetings and City Council meetings.
Charter School Management, Florida
Independent Consultant
● Provided management consulting for charter schools.
2010-2012
● Designed and implemented innovative strategies to address liabilities and cost- cutting strategies.
Rise Schools, Florida City, FL 2006-2010
Executive Director
● Oversaw all day-to-day operations of a school with a $2.4 million budget and forty staff including leading real estate negotiations for three capital improvement projects and managing all land use issues related to the projects, including rezoning, project financing, and build out.
Teach For America, Miami, Florida 2004-2006
High School Teacher and Coach
● Led students at a Miami Title I high school to an average of two years of reading growth each year
EDUCATION
Florida International University College of Law, Juris Doctor December 2016
Florida International University College of Business, Masters of Business Administration April 2012 University of Florida, Bachelors of Arts August 2004
ADMITTED
Florida Bar, 2018
United States District Courts for the Southern District of Florida, 2018 Supreme Court of the United States, 2024
COMMUNITY
Vice-Chair of Advertising Committee, Florida Bar, 2024-2025
Member of Governmental and Public Policy Advocacy Committee, Florida Bar Alumni, Wm. Reece Smith Jr. Leadership Academy, Class IX, Florida Bar
Member of the Local Government and Land Use Committee and former Chair of the Solo and Small Firm Committee, Palm Beach County Bar Association
Member, PBC Chapter, Florida Association for Women Lawyers (FAWL)
Member and former Treasurer of the Craig S. Barnard American Inn of Court Board Member, Palm Beach County Human Rights Council
HONORS
Super Lawyers Rising Star 2023-2024
Zackery Good, Esq. (Florida Bar Number 1031414)
Zackery Good is an experienced government professional and lawyer that understand the ever-changing landscape of local government law. His journey to becoming a lawyer began while working for local government, earning his juris doctor from Florida International University while simultaneously heading communications and marketing for the City of Homestead.
Mr. Good boasts a significant understanding of the challenging and important work local governments and special districts must undertake every day. His daily work involves complex local government problems like land use and zoning, procurement and contracts, utilities, bond referendums and non-ad valorem assessments.
This substantial experience informs Mr. Good’s perspective as a lawyer, allowing him to keep in mind the many challenges and opposing forces local government professionals must balance.
EXPERIENCE
TG LAW PLLC, West Palm Beach, Florida
2023–Present Counsel
• Practice focus on local government law, land use and zoning, environmental issues and water law, and human resources law
• Civil litigation practice in Florida state court.
• Representative 2024 government and non-profit clients of the firm: City of Belle Glade, Belle Glade Community Redevelopment Agency, Downtown Development Authority of West Palm Beach, Early Learning Coalition of Osceola County, Early Learning Coalition of Polk County, Early Learning Coalition of Lake County, Early Learning Coalition of the Nature Coast, Early Learning Coalition of Pasco and Hernando, Early Learning Coalition of the Emerald Coast, and Early Learning Coalition of Marion County.
CITY OF HOMESTEAD, FLORIDA, Homestead, Florida
October 2014–Present Assistant City Manager October 2021–Present
• Oversees the City’s departments of Public Works, Parks & Recreation, Public Information, Economic Development, and the Community Redevelopment Agency
• Leads the City’s construction team, which involves implementing projects, developing funding plans, and other financing
Assistant to the City Manager December 2019–October 2021
• Project Managed multiple high-profile construction projects
• Coordinated legislative priorities and managed lobbyist relations
• Oversaw the City's Communications & Marketing across all channels
Public Information Officer September 2016–November 2019
• Drafted City communications, updated social media accounts, performed public outreach, performed crisis communications, and organized City events
• Created communication strategies with other City departments to carry out special projects
Public Information Coordinator October 2014–August 2016
• Drafted City communications, updated social media accounts, and performed public outreach
• Created communication strategies with other City departments to carry out special projects
VIRGINIA CONSERVATION NETWORK, Richmond, Virginia January 2014–March 2014 Climate and Energy Organizing Fellow
• Lobbied on Virginia state legislation, testified at committee meetings, and tracked legislative bills
• Organized and participated in engagement efforts
OCEANA, Miami, Florida January 2013–December 2013
Policy Intern
• Produced community and outreach planning reports, photo petitions, and articles for local media
• Performed community outreach by lobbying local politicians, meeting with organizations, and recruiting volunteers
EDUCATION
Florida International University College of Law, Miami, Florida
Juris Doctor, May 2020
University of Miami, Coral Gables, Florida
Master of Professional Studies in Marine Conservation, X 2013
Stony Brook University, Stony Brook, New York
Bachelor of Science in Marine Sciences, X 2011
ADMISSIONS
Florida Bar
• Designed and implemented customized solutions for the company’s business operations
EDUCATION
Florida International University College of Law, Miami, Florida
Juris Doctor (with honors), December 2016
Honors:
Wilkes University, Wilkes-Barre, Pennsylvania
Bachelor of Science in Computer Science (with honors), December 2008
SELECT ADMISSIONS
Florida Bar
United States District Court for the Southern District of Florida
United States District Court for the Northern District of Florida District of Columbia
New Jersey
• Coordinated staff to implement the Board of Directors’ policies and priorities
• Navigated the organization’s five-year reauthorization
CITY OF HOMESTEAD, Homestead, Florida
Assistant City Manager
October 2014–August 2016
• Oversaw the Finance department, City-owned electric utility, Development Services department, Public Information Office, and Community Redevelopment Agency (CRA)
• Planned and executed a $100 million economic revitalization effort in the City’s Historic Downtown district, including public and private investment and construction
• Coordinated the City’s legislative agenda
• Managed the City’s lobbyists
HOMESTEAD C.R.A, Homestead, Florida
Executive Director
July 2011–October 2014
• Implemented the CRA Board’s economic redevelopment policies within the City’s historically underdeveloped and underserved neighborhoods
• Created and implemented an economic development plan for the City’s Historic Downtown district
• Represented the City and CRA Board in front of state and county governmental bodies
• Worked with state and federal lobbyists to create an implement a legislative agenda
WHITE PLAINS B.I.D., White Plains, New York
Executive Director
October 2004–August 2011
• Represented 145 commercial property owners and over 300 small business owners
• Worked with the Board of Directors to formulate and implement strategic goals concerning services, programs, marketing, and board development
• Managed government relations with municipal, county, and state officials
• Coordinated media plan to promote the Board’s strategic agenda
• Managed the day-to-day operations of the City’s Downtown B.I.D.
OFFICE OF THE MAYOR, White Plains, New York
Policy Specialist/Public Affairs
• Managed development projects aggregating $1.6 billion
• Coordinated projects with commissioners and department heads
April 2002–October 2004
• Managed government relations with local, state, and federal officials
• Created and implemented the Mayor’s public affairs initiatives, and managed constituent relations
EDUCATION
Georgetown University, Washington, D.C.
Master of Arts in Communication, Culture, and Technology
Pace University, Pleasantville, New York.
Bachelor of Arts in Literature and Communication
Joshua
E. Doyle Executive Director
State of Florida )
County of Leon )
I CERTIFY THE FOLLOWING:
The Florida Bar
651 East Jefferson Street Tallahassee, FL 32399-2300
850/561-5600
www.FLORIDABAR.org
In Re:1009366 Gemma Torcivia TG Law PLLC 515 N Flagler Dr Ste 350 West Palm Beach, FL 33401-4349
I am the custodian of membership records of The Florida Bar.
Membership records of The Florida Bar indicate that The Florida Bar member listed above was admitted to practice law in the state of Florida on . July 25, 2018
The Florida Bar member above is an active member in good standing of The Florida Bar who is eligible to practice law in the state of Florida.
Dated this day of 8th September, 2024
Cynthia B. Jackson, CFO Administration Division
The Florida Bar PG:R10
MEMBER PROFILE
Gemma Torcivia
Member in Good Standing
Bar Number: 1009366
Mail Address: TG Law PLLC
Eligible to Practice Law in Florida
515 N Flagler Dr Ste 350 West Palm Beach, FL 334014349
Office: 561-370-7360
Cell: 561-602-6222
Fax: 855-514-2822
Physical Address:
515 N Flagler Dr Ste 350 West Palm Beach, FL 334014349
The Find a Lawyer directory is provided as a public service. The Florida Bar maintains limited basic information about lawyers licensed to practice in the state (e.g., name, address, year of birth, gender, law schools attended, admission year). However, The Florida Bar allows individual attorneys the opportunity to add personal and professional information to the directory. The lawyer is solely responsible for reviewing and updating any additional information in the directory. The lawyer's added information is not reviewed by The Bar for accuracy and The Bar makes no warranty of any kind, express or implied. The Florida Bar, its Board of Governors, employees, and agents are not responsible for the accuracy of that additional information. Publication of lawyers' contact information in this listing does not mean the lawyers have agreed to receive unsolicited communications in any form. Unauthorized use of this data may result in civil or criminal penalties. The Find a Lawyer directory is not a lawyer referral service.
The Find a Lawyer directory is provided as a public service. The Florida Bar maintains limited basic information about lawyers licensed to practice in the state (e.g., name, address, year of birth, gender, law schools attended, admission year). However, The Florida Bar allows individual attorneys the opportunity to add personal and professional information to the directory. The lawyer is solely responsible for reviewing and updating any additional information in the directory. The lawyer's added information is not reviewed by The Bar for accuracy and The Bar makes no warranty of any kind, express or implied. The Florida Bar, its Board of Governors, employees, and agents are not responsible for the accuracy of that additional information. Publication of lawyers' contact information in this listing does not mean the lawyers have agreed to receive unsolicited communications in any form. Unauthorized use of this data may result in civil or criminal penalties. The Find a Lawyer directory is not a lawyer referral service.
Law School: Florida International University, College of Law, 2020
Sections: Young Lawyers
Firm: Mr. Zackery VonCarlo Good
The Find a Lawyer directory is provided as a public service. The Florida Bar maintains limited basic information about lawyers licensed to practice in the state (e.g., name, address, year of birth, gender, law schools attended, admission year). However, The Florida Bar allows individual attorneys the opportunity to add personal and professional information to the directory. The lawyer is solely responsible for reviewing and updating any additional information in the directory. The lawyer's added information is not reviewed by
The Bar for accuracy and The Bar makes no warranty of any kind, express or implied. The Florida Bar, its Board of Governors, employees, and agents are not responsible for the accuracy of that additional information. Publication of lawyers' contact information in this listing does not mean the lawyers have agreed to receive unsolicited communications in any form. Unauthorized use of this data may result in civil or criminal penalties. The Find a Lawyer directory is not a lawyer referral service.
Last month the Board saw presentations from both qualified contractors and selected Christmas Designers Florida to provide holiday lighting for the Clematis District.
Staff would like to have a discussion with the Board on the details of the scope for the final contract Staff will have a brief presentation to review options.
HOLIDAY LIGHTING AGREEMENT
THIS AGREEMENT is hereby made and entered into this 17th day of September 2024, (“Effective Date”) by and between the West Palm Beach Downtown Development Authority, an Independent Special District (“DDA”), whose address is 107 S Olive Avenue, Suite 200, West Palm Beach, Florida 33401, and Rileigh Outdoor Décor, D.B.A Christmas Designers Florida, a Florida limited liability corporation (“Contractor”), whose address is 3124 NW 16th Terrace, Pompano Beach, FL 33064.
WHEREAS, the DDA desires to retain Contractor to provide the goods and services set forth in the DDA’s Request for Proposal RFP 2024-001 (“RFP”) and as set forth in Contractor’s responsive bid thereto;
NOW, THEREFORE, in consideration of the mutual covenants and promises set forth herein, the DDA and Contractor agree as follows:
ARTICLE 1.
INCORPORATION OF REQUEST FOR PROPOSAL AND RELATED DOCUMENTS
The terms and conditions of this Agreement shall include and incorporate the terms, conditions, and specifications set forth in the RFP together with the Contractor’s bid in response thereto, including all documentation included therein or required thereunder. In the event of a conflict between the terms, conditions, and specifications set forth in this Agreement, the RFP, and/or the Contractor’s bid in response to the RFP; the documents shall have precedence in the following order: this Agreement, then the RFP, and then the Contractor’s response to the RFP
The foregoing shall constitute the entire understanding and agreement of the DDA and the Contractor and no modification to this Agreement shall be effective for any reason unless the same is in writing and has been executed by the DDA and the Contractor.
ARTICLE 2.
DESCRIPTION OF GOODS OR SCOPE OF SERVICES
Contractor shall provide the goods and/or perform those services identified in the scope of work set forth in the RFP and agreed upon in the attached final Scope of Work (Exhibit A).
ARTICLE 3.
COMPENSATION
Contractor shall perform all work required in accordance with RFP 2024-001 for an amount not to exceed One Hundred Sixty-Five Thousand Dollars ($165,000.00).
The DDA shall pay Contractor 50% of cost for set forth in the Proposed Cost of the RFP as a deposit to begin the installation. Contractor will provide an invoice to the DDA for the deposit no earlier than October 1st of each year of the contract and the DDA shall pay within 30 days of invoice. The DDA will pay the Contractor for the remaining 50% set forth in the Proposed Cost of the RFP within 30 days of Contractor’s invoicing for the approved, completed installation of the Holiday Lighting
ARTICLE 4.
MISCELLANEOUS PROVISIONS
a. Notice. All notices or other written communications required, contemplated, or permitted under this Agreement shall be in writing and shall be hand delivered, telecommunicated, or mailed by registered or certified mail (postage prepaid), return receipt requested, to the following addresses:
i. As to the DDA: West Palm Beach Downtown Development Authority
107 S Olive Avenue, Suite 200
West Palm Beach, Florida 33401
Attn: Teneka James-Feaman, Executive Director
Email: tjames@downtownwpb com
ii. With a copy to: TG Law PLLC 515 N. Flagler Drive Suite 350
b. Headings. The headings contained in this Agreement are for convenience of reference only and shall not limit or otherwise affect in any way the meaning or interpretation of this Agreement.
c. Partial Invalidity – Severability. If any term, covenant, condition or provision of this Agreement shall be ruled by a court of competent jurisdiction to be invalid, void, or
d. Non-Assignment. This Agreement may not be assigned without the prior written consent of the DDA.
e. Ownership of Intellectual Property Contractor agrees and acknowledges that all documents, records, original drawings, images, logos, trademarks, slogans, artwork, written materials, drawings, photographs, graphic materials, films, music and any other intellectual property created pursuant to this Agreement shall be the property of the DDA for its use and distribution as may be deemed appropriate by the DDA.
f. Independent Contractor. Contractor agrees that it is an independent contractor and not an agent or employee of the DDA.
g. Insurance and Indemnity. Contractor agrees to procure and maintain the insurance required by the RFP, to name the DDA as an additional insured and provide an ACORD certificate to the DDA identifying same, and to indemnify the DDA in accordance with the terms and condition set forth in the RFP.
h. Fiscal Funding Out. This Agreement and the obligations of the DDA hereunder are subject to and contingent upon annual budgetary funding and appropriation by the DDA.
ARTICLE 5.
CONTRACT TERM
The term of this Agreement shall be from the Effective Date through August 30, 2027, unless otherwise terminated pursuant to Article 6 This will allow for three (3) holiday seasons of services by Contractor.
a. Renewal. This agreement may be renewed under the same terms and conditions, by mutual agreement of the parties unless modifications to the terms and conditions are approved by both parties and attached as an addendum to this agreement.
ARTICLE 6.
DEFAULT AND TERMINATION
6.1 The following shall constitute events of default by Contractor:
a. Contractor fails to provide the goods and/or services in the manner specified in this Agreement; or
3 of 7 unenforceable, the remainder shall remain in force and effect and shall in no way be affected, impaired or invalidated.
b. Contractor makes an assignment for the benefit of creditors or files a petition in bankruptcy or for reorganization or liquidation under a federal or state bankruptcy or insolvency act; or
c. A receiver or monitor is appointed for Contractor, or for the property of Contractor, by any court and such appointment shall not have been dismissed within ninety (90) days from the date of such appointment; or
d. Contractor is dissolved or otherwise ceases operations and is incapable of providing the goods and/or services in accordance with the Agreement; or
e. Contractor shall fail to perform, observe, or otherwise breaches any of the other terms, covenants or conditions of this Agreement, and such failure or breach shall continue for a period of thirty (30) days after notice thereof by the DDA to Contractor, or if the failure or breach is material and cannot be cured within the thirty (30) day period, then only if Contractor fails to commence the cure thereof promptly and within the thirty (30) day period or thereafter fails to diligently continue in good faith until such failure or breach is fully cured.
6.2 Upon the occurrence of an event of default described in paragraphs 6.1 or 6.2 above, the non-defaulting party may terminate this Agreement by giving notice thereof to the defaulting party.
6.3 This Contract shall be governed by the laws of the State of Florida. Any dispute or controversy arising out of or relating to this Agreement shall be determined and settled by arbitration in Palm Beach, Florida, in accordance with the rules of the American Arbitration Association then in effect, and judgment upon the award rendered by the arbitrator(s) may be entered in any court of competent jurisdiction in Palm Beach County, Florida In the event of any dispute or controversy, each party shall bear their own attorney’s fees and costs regardless of outcome, unless Florida Statutes provide otherwise.
No remedy herein conferred upon any party is intended to be exclusive of any other remedy, and each and every such remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity, by statute or otherwise. No single or partial exercise by any party of any right, power, or remedy hereunder shall preclude any other or further exercise thereof.
No provision of this Contract is intended to, or shall be construed to, create any third-party beneficiary or to provide any rights to any person or entity not a party to this Contract, including but not limited to any employees of the DDA and/or CONTRACTOR.
6.4 The failure of the DDA to insist in any one or more instances upon strict performance of any one or more of the covenants, terms and conditions of this Agreement shall not be construed as a waiver of such covenants, terms and conditions, but the same shall continue in full force and effect, and no waiver of the DDA of any one of the provisions hereof shall in any event be deemed to have been made unless the waiver is set forth in writing and signed by the DDA.
ARTICLE 7. PUBLIC RECORDS
Notwithstanding anything contained herein, as provided under Section 119.0701, Fla. Stat., if the CONTRACTOR: (i) provides a service; and (ii) acts on behalf of the DDA as provided under
Section 119.011(2) Fla. Stat., the CONTRACTOR shall comply with the requirements of Section 119.0701, Fla. Stat., as it may be amended from time to time The CONTRACTOR is specifically required to:
A. Keep and maintain public records required by the DDA to perform services as provided under this Contract.
B. Upon request from the DDA’S Custodian of Public Records, provide the DDA with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119 or as otherwise provided by law. The CONTRACTOR further agrees that all fees, charges, and expenses shall be determined in accordance with Palm Beach County PPM CW-F-002, Fees Associated with Public Records Requests, as it may be amended or replaced from time to time.
C. Ensure that public records that are exempt, or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the Contract, if the CONTRACTOR does not transfer the records to the public agency.
D. Upon completion of the Contract the CONTRACTOR shall transfer, at no cost to the DDA, all public records in possession of the CONTRACTOR unless notified by DDA’S representative/liaison, on behalf of the DDA’S Custodian of Public Records, to keep and maintain
public records required by the DDA to perform the service. If the CONTRACTOR transfers all public records to the DDA upon completion of the Contract, the CONTRACTOR shall destroy any duplicate public records that are exempt, or confidential and exempt from public records disclosure requirements. If the CONTRACTOR keeps and maintains public records upon completion of the Contract, the CONTRACTOR shall meet all applicable requirements for retaining public records. All records stored electronically by the CONTRACTOR must be provided to DDA, upon request of the DDA’S Custodian of Public Records, in a format that is compatible with the information technology systems of DDA, at no cost to DDA.
Failure of the CONTRACTOR to comply with the requirements of this article shall be a material breach of this Contract. DDA shall have the right to exercise any and all remedies available to it, including but not limited to, the right to terminate for cause. CONTRACTOR acknowledges that it has familiarized itself with the requirements of Chapter 119, Fla. Stat., and other requirements of state law applicable to public records not specifically set forth herein.
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, PLEASE CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT THE WEST PALM BEACH DOWNTOWN DEVELOPMENT AUTHORITY, 107 SOUTH OLIVE AVENUE, SUITE 200, WEST PALM BEACH, FLORIDA 33401, OR BY TELEPHONE AT 561-833-8873
[Signatures on next page.]
IN WITNESS WHEREOF, the parties have executed this Agreement as of the Effective Date.
WEST PALM BEACH DOWNTOWN DEVELOPMENT AUTHORITY CONTRACTOR
By:
By: Richard V. Reikenis, CHAIRMAN Boris Bajlovic, CEO ATTEST WITNESS
By: ______________________________
Name:
APPROVED AS TO FORM AND LEGAL SUFFICIENCY
By: ____________________________
Gemma Torcivia, Esq., General Counsel
Corporate Seal
By: _______________________________
Page 7 of 7
EXHIBIT A
Scope of Work
The scope of services provided shall include but not limited to:
1) Provide all products, lights, equipment and labor needed to install, maintain and remove holiday lights for the Clematis District as described here: All decorations will be on a rental basis and the contractor will be responsible for the storage of all. All Lights will be LED, White, Commercial Grade.
A. Overhead canopy lighting on Clematis Street from the east end of the 200 block through the west end of the 500 block. Canopy will consist of no less than 15 rows across and running the length of four blocks. Lines will not cross intersections and block lengths are Approximate as follows:
1. 200 Block – 340 feet
2. 300 Block – 425 feet
3. 400 Block – 270 feet
4. 500 Block – 250 feet
B. Garland - Garland should be green with warm white LED commercial grade lights and should have holiday themed decorations that are shatterproof and one red bow at the top end of the garland. The garland should be wrapped around decorative street light poles on Clematis street from east end of the 200 block through the west end of the 600 block. Currently 63 poles.
C. Using un-lit green garland, wrap decorative street light poles on Rosemary Avenue from Banyan Boulevard, south to Fern Street.
D. Using LED warm white commercial grade lights, Spiral wrap trunks and fronds of Medjool Palms on Clematis Street from the east side of the Centennial Park Fountain through the west end of the 400 block of Clematis. Currently 14 Medjool Palms.
E. Using LED warm white lights, Spiral wrap the trunks and lower part of branches of Large Oaks in the mid blocks. Currently 18 Large Oaks.
F. Provide a design suggestion for some type of lit decoration item to be in the Large Oaks mentioned in item (d) above. Examples, lit stars, spheres, snowflakes, etc.
G. Lights must be securely installed in locations specified. All strands of lights must be securely installed to the trees and the adjoining strands and each strand and/or connection must be taped/sealed with electrical tape to prevent exposure to elements that may short out the light strands. All connections must be fully wrapped and sealed with electrical tape to prevent exposure to elements that may short out the light strands. The lights are to be tested prior to installation.
H. A cabling system for the canopy is in place. Contractor should verify that cabling is properly secured prior to installation.
I. Contractor shall provide ongoing maintenance of lighting and decorations for the duration on time they are in place.
J. Proposal should include troubleshooting and on call services 7 days a week. Response to service calls should not exceed 24 hours.
K. Contractor will be responsible to apply for and secure all permits required for all work performed.
L. All items listed above can be installed beginning November 15, 2019 and completed no later than December 2, 2019.
M. All decorations should be removed beginning January 1, 2020 and completed by January 8, 2020.
N. The Canopy lights will remain up until February 28, 2020. Removed no later than March 10, 2020.
O. Contractor will need to store all decorations and lights when they are not in use by the DDA.
MEMO
TO: DDA Board
Rick Reikenis, Chairman
Robert Sanders, Vice Chairman
Samantha Bratter
Peter Cruise
Tim Harris
Daryl Houston
Bernardo Neto
FROM: Teneka James-Feaman
RE: Business Incentives Application Review
DATE: Tuesday, September 17, 2024
PROGRAM OVERVIEW
The Incentive Grant programs offered by the West Palm Beach Downtown Development Authority (DDA) provides funding to new businesses or existing businesses within the DDA District to assist with significant, permanent modifications to existing Downtown buildings. Through these programs, the DDA encourages major tenant improvements necessary for successful tenancy of commercial spaces.
DDA Staff will be presenting (2) two applications for review and discussion.
Business Incentive Applications - Pub Belly – 301 Clematis Street - Palm Beach Dramaworks – 201 Clematis Street
MEMO
TO: Rick Reikenis, Chairman
Robert Sanders, Vice Chairman
Samantha Bratter
Peter Cruise
Tim Harris
Daryl Houston
Bernardo Neto
FROM: Vivian Ryland
RE: Resolution No. 05-2024 Amending the FY 2024 Budget
DATE: Tuesday, September 17, 2024
Staff is requesting an amendment to the 2024 fiscal year budget to move funds line items that have a surplus to line items that need additional funding
Attached is Resolution No. 05-2024 with Exhibit A showing the proposed changes.
Thank you
RESOLUTION NO. 05-2024
A RESOLUTION OF THE WEST PALM BEACH DOWNTOWN DEVELOPMENT AUTHORITY AMENDING THE ADOPTED 2023/2024 FISCAL YEAR BUDGET; PROVIDING AN EFFECTIVE DATE AND FOR OTHER PURPOSES.
WHEREAS the West Palm Beach Downtown Development Authority adopted its Final 2023/2024 Fiscal Year Budget on September 18, 2023, by Resolution No. 07-2023; and
WHEREAS the Downtown Development Authority desires to amend its adopted budget to move funds between budget line items from the 2023/2024 Fiscal Year DDA Budget and to and to allocate those funds for specific purposes as outlined in Exhibit A Amended Budget September 17, 2024 to meet forecasted financial obligations in Fiscal Year 2023/2024.
NOW, THEREFORE, BE IT RESOLVED BY THE WEST
PALM BEACH DOWNTOWN DEVELOPMENT
AUTHORITY THAT:
March
Section 1: The recitals set forth above are true and correct and are incorporated herein and are a part hereof by this reference.
Section 2: This Resolution amending the adopted 2023/2024 Fiscal Year Budget shall be attached to and made a part of said budget.
Section 3: This Resolution shall take effect immediately upon adoption.
AYE NAY
RICK REIKENIS, CHAIR
ROBERT SANDERS
BERNARDO NETO
SAMANTHA BRATTER
DARYL HOUSTON
TIM HARRIS
PETER L. CRUISE
PASSED AND ADOPTED THIS 17th day of September 2024.
DOWNTOWN DEVELOPMENT AUTHORITY
RICK REIKENIS, CHAIRMAN
ATTEST:
CERTIFICATE
I, the undersigned Executive Director of the West Palm Beach Downtown Development Authority, do hereby certify that the foregoing is a true and correct copy of the Resolution adopted by said Authority on the 17th day of September 2024.
