City Council Discussion Only AGENDA ITEM REPORT
To: Council Subject: Consideration of the submitted proposals for City Attorney. Meeting: City Council Discussion Only Special Meeting - 27 Aug 2020 Department: Council Staff Contact: Aaron Stephens, Mayor
BACKGROUND INFORMATION: Discussion of which firms to interview at the next meeting on Thursday, September 3rd and questions that will be asked.
Attached are all proposals that have been submitted.
ATTACHMENTS: Thrun Law Firm Rosatti Schultz George Brookover Foster Swift Clark Hill PLC Casey Conklin Bloom Sluggett, PC Gallagher Law Proposal
u.s. MAIL ADDRESS F.O. BOX 2575. EAST LANSING. MI 43325-2575 PHONE: (517) 484-8000 FAX: (5 I '7) 484-0001
ALL OTHER SHIPPING L A W F‘ I R M , P _ C . 2900 WEST RoAD.SuI'rI-: 400 EAST LANSING, MI 48823-6336
GORDON VANWIEREN, JR. W. MICHAEL D. GRESEN! MATIHEW F. HISER TIMOTHY T. GARDNER.JR. CRISTINA T. PATIELT MARYNA.l. MARCERO CHRISTOPHER J. IAMARINO KARI K. SHAY IAN F. KGFFLEI! JESSICA E. MCNAMARA LISA L. SWEM RAYMOND M. DAVIS ROIERY A. DIEYIEL FREDRIC G. HEIDEMANN KAVERINAM. VUJEA JEFFREVJ. SOLES MICHELE R. EABDV KAINERINE WOLF EREADDUS RYAN J. NICNOLSON BRENNAN M. ACKERMAN ROY H. HENLEY KIRK C. HERALD DANIEL R. MARTIN FNILIP G. CIARK ROlEln' G. HUBER MARDARETM. HACKEI1 JENNIFER K. $'ARL|N FIOTI M. MAYIJSIAK PHILIPG. CLARK (517) 374-8849 [email protected] August 19, 2020 Via Hand Delivery and Via Email to [email protected] Mr. George Lahanas City Manager City of East Lansing 410 Abbot Road East Lansing, Michigan 48823
Re: Proposal for City Attorney Services Dear Mr. Lahanas:
On behalf of Thrun Law Firm, P.C., I wish to thank you for the invitation to provide the City of East Lansing with information regarding our law ?rm and attorneys, including our quali?cations to act as City Attorney (with respect to certain matters, as described further below and in our Proposal). To that end, please ?nd six (6) hard copies of our Proposal for City Attorney Services for your consideration. Please note that our Proposal is limited to providing the City with legal services in the following areas: (1) public ?nance/bonds; (2) elections; (3) taxation, including property taxation, special assessments, tax increment ?nancing, and related issues; (4) real estate and transactional matters, and (5) other similar specialized legal matters. Thrun Law Firm is not proposing to provide the City with general/comprehensive City Attorney legal services. We hope that the enclosed Proposal demonstratesto you that Thrun Law Firm is dedicated to serving Michigan's municipalities. In contrast to other law ?rms, municipal and public sector law is not just a “sideline” business or one of many practice areas for Thrun Law Firm. Instead, municipal and public sector law is our attorneys’ primary occupation and preoccupation. Thrun Law Firm currently has 28 attorneys engaged almost exclusively in the practice of municipal and public sector law, working with public of?cials on a daily basis in representing its clients. Our extensive experience in this area of law is unmatched in the State of Michigan. Consequently, we have the experienced attorneys and other resources necessary to provide the City of East Lansing with quality and effective legal representation. Thrun Law Firm represents many municipalities with respect to speci?c, specialized areas of law. For example, the ?rm has a thriving public ?nance/bond counsel practice. We also have signi?cant expertise with respect to election law. Our ?rm represents certain of its municipal clients on a limited basis with respect to those speci?c practice areas, and other related areas of law.
Page 2 of 315 l3:ASTl.../\N5-3ll\I(3 ' NOVI ‘ WEST MlCHlf.':}/\N THRUN E LAW FIRM, P.C.
Mr. George Lahanas August 19, 2020 Page 2 of 2
Further, as you may be aware, Thrun Law Firm represents several municipalities and public entities in the East Lansing/Ingham County area. More details regarding our municipal clients, including those in this region, are provided in our Proposal. Our representation of those clients, as well as our East Lansing of?ce, gives us a strong presence in the Ingham County area and an understanding of the legal issues affecting the City of East Lansing. Also, the close proximity of our East Lansing of?ce to City Hall ensures that Thrun Law Finn attorneys will be readily available to meet with City of?cials as requested, even on short notice. The undersigned and other members of Thrun Law Firm are available to meet with you at your convenience to discuss the Proposal, our quali?cations, and how we may best serve the City of East Lansing. Please do not hesitate to contact me to schedule such a meeting or presentation for your City Council, or if you have any questions or concerns regarding our Proposal. Very truly yours, THRUNLAWFIRM,P.C.
Philip G. Clark
PGC Enclosures c: Michael D. Gresens (via email only)
Page 3 of 315 PROPOSAL FOR CITY ATTORNEY SERVICES
THRUN LAW FIRM, P.C.
1. Business Organization
Thrun Law Firm, P.C. is incorporated in the State of Michigan as a professional corporation. All members of the law ?rm are in good standing with the State Bar of Michigan and are authorized to practice law under the rules set forth by the Michigan Supreme Court. Several members are admitted to practice in one or both the Eastern and Western Districts of the Federal District Court of Michigan.
Thrun Law Firm has three of?ces: our main office located in East Lansing, as well as additional of?ces located in Grand Rapids and Novi. The contact information for our East Lansing of?ce is as follows:
Thrun Law Firm, P.C. 2900 West Road, Suite 400 P.O. Box 2575 East Lansing, Michigan 48826 Phone: (517) 484-8000 Facsimile: (517) 484-0041
While Thrun Law Firm is a local law ?rm vendor within the City of East Lansing, it is not a registered vendor.
The contact information for our Novi and Grand Rapids offices can be found on the cover page to this Proposal and on our website (www.thrunlaw.com).
Proof of Thrun Law Firm’s authority to operate in the State of Michigan is attached to this Proposal as Attachment 1.
2. Applicable Experience
A. Thrun Law Finn Narrative Description
Thrun Law Firm was originally established in 1946. The f1rm’s initial practice focused on municipal charters, public ?nance, and school law. The law firm quickly gained statewide reputation of being the premier municipal/public sector law ?nn, unmatched in its municipal law expertise.
Over 95% of the ?rm’s resources and personnel have been, and continue to be, channeled in the area of municipal and governmental law. The work responsibility within the ?rm is generally divided into three major areas: (1) public/municipal ?nance and elections, (2) labor and employment law, including all personnel and human resource matters, and (3) general municipal law, including taxation, zoning, litigation, and municipal prosecution.
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I Thrun Law Firm’s attorneys represent over 500 years of experience in municipal and public sector law. Due to this expertise and the number of municipal and governmental clients it represents, we submit that Thrun Law Firm is unequaled in its ability to address all legal matters facing Michigan’s public entities in a cost—effectiveand ef?cient manner.
Consequently, Thrun Law Firm is well organized and equipped to provide exceptional legal services to City of East Lansing. This conclusion is based on the ?rm’s near-exclusive focus on municipal law and service to its municipal/public sector clients. When legal issues arise for our clients, Thrun Law Firm’s attorneys o?en have addressed such issues, or similar matters, previously. Guidance and advice can be provided to clients quickly and ef?ciently, resulting in positive outcomes for our clients at a reasonable cost.
Often, Thrun Law Firm attorneys can avoid “recreating the wheel” by drawing on their collective experience. It is not unusual for our attorneys to have knowledge of, and prior experience with addressing, similar legal problems that occur among multiple clients. When novel legal issues arise, Thrun Law Firm’s attorneys have the experience and resources to draw upon to devise creative and well-reasoned strategies and solutions. Our attorneys’ wealth of experience results in tangible bene?ts for our clients, as it leads to results for our clients at a lower cost than other law ?rms, even in comparison to law ?rms that may quote lower hourly rates.
B. Thrun Law Firm’s General Experience
Thrun Law Firm’s 28 attorneys focus their practice almost exclusively on representing local government and public sector clients. Our experience in and dedication to this area of law is unrivaled in Michigan.
We believe that our ?rm’s background helps to illustrate what sets Thrun Law Firm apart from other law ?rms in the State of Michigan. It is the ?rm’s history of almost exclusively representing public institutions and local governments for over 70 years that bene?ts our clients through experienced and knowledgeable attorneys and staff, ef?cient legal representation, comprehensive legal analysis of issues facing governmental entities, and fair and cost-effective billing practices. While our history is important for de?ning who we are as a law ?rm, it also demonstrates how this ?rm has continued to set the standard for legal representation of local governments in Michigan.
Unlike many other law ?nns in Michigan, Thrun Law Firm focuses its practice almost exclusively on representing local governments, school districts, and other public sector clients. That focus has also allowed the ?rm to avoid some of the actual and apparent con?icts of interest faced by other law firms. It is not uncommon for some law ?nns to represent municipal entities, while at the same time representing other clients (private businesses and contractors, for example) in adversarial matters against their municipal clients. Thrun Law Firm has deliberately avoided such con?icts by making local governments the central focus of our practice. In contrast to many municipal law ?rms, it is extremely rare for Thrun Law Firm to represent private entities and/or individuals in matters against municipalities.
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_-lgT_HRUN Our concentration on municipal law and the ?1ll spectrum of legal issues affecting municipalities and public sector entities results in the cost-[effective representation of our clients. This is because our attorneys have experience with most legal issues facing public of?cials today, and can ef?ciently and competently address those issues on behalf of our clients.
Thrun Law Firm’s attorneys, because of our daily involvement with municipalities and public of?cials, are also cognizant of the signi?cant ?nancial challenges facing most local governments and public sector entities in Michigan.
In short, with 28 attorneys who work almost exclusively with public entities and of?cials on a day-to-day basis, Thrun Law Firm has a “deep bench” with respect to attorneys experienced in and knowledgeable of municipal and public sector law. This depth of experience ensures professional and superior legal representation for all of our clients.
C. Municipal Practice Areas
The following narrative provides brief summaries of some of Thrun Law Firm’s practice ' areas.
i. Public Finance & Taxation 2: \ :2.» 042 Many of our attorneys are experienced and familiar with legal issues related to public I. ?nance, such as taxation, competitive bidding requirements, legal investments, and millages, to I-3 name a few examples.
Thrun Law Firm has successfully represented dozens of clients that have been sued by taxpayers or taxpayer associations over tax levies, tax base sharing, Headlee claims, tax allocations, bond debt levies, tax exemption issues, refund procedures, Michigan Tax Tribunal procedures and jurisdiction, and many other aspects of the constitutionaland statutory framework for municipal taxation. In the past, Thrun Law Firm has performed services before the Michigan Tax Tribunal for the City of East Lansing.
Our ?nance attorneys routinely assist clients with the issuance of notes for operating revenue purposes and bonds to ?nance or refinance the construction of buildings, public improvements, and other capital projects. In addition, we frequentlyassist clients with installment purchase agreements and leases to finance the acquisition of technology, computers, vehicles, and equipment.
ii. Bond Counsel
Thrun Law Firm is nationally recognized bond counsel. Seven of its attorneys are involved in the public ?nance/municipal bond practice, and their experience in that ?eld ranges from two to 30 years. Those attorneys consider providing ?nance-related services to our clients as their primary, if not sole, responsibility. The ?nn’s public ?nance attorneys are experts in all areas of public finance and municipal bond issues.
Page 6 of 315 Thrun Law Firm is perennially among the top ?ve bond counsel ?rms in Michigan, based on the dollar volume of bond issues, as ranked by TheBond Buyer (a daily trade newspaper). Thrun Law Firm serves as bond counsel for over 85% of the school bonds and notes issued by Michigan school districts on an armual basis. Further, Thrun Law Firm closes more bond and note transactions than any other bond counsel ?rm in the Stateof Michigan.
Thrun Law Firm counts among its recent and current clients for public ?nance services the State of Michigan and its agencies, the majority of Michigan’s local and intermediate school districts, many community colleges, as well as various counties, cities, villages, and townships, among other public entities. Examples of the types of bond transactions we have been involved in on behalf of municipal clients include: capital improvement bonds, revenue bonds, special assessment bonds, building authority bonds, downtown development bonds, refunding bonds, and installment purchase agreements.
iii. Election & Campaign Finance Law
Thnm Law Firm has regularly represented municipal clients regarding elections since it was founded in 1946. With the large number of elections handled by the ?rm over the past 70 years, our attorneys have addressed many legal issues pertaining to election law. Such expertise has established the ?1m’s reputation in Michigan as the most experienced and knowledgeable law ?rm for election law, including such matters as general operating millage, Headlee rollbacks, council/board member vacancies, consolidations and armexations and other election matters. In 2018, Thrun Law Firm represented over 200 school and municipal clients on election matters alone.
With respect to campaign ?nance laws, Thrun Law Firm has represented several clients at the Secretary of State level. Our election attorneys regularly advise clients with respect to navigating the requirements of Michigan Campaign Finance Act and related election laws.
Thrun Law Firm has also been successful with respect to election-related litigation. In Vorva v Plymouth-Canton Community Sch Dist, 230 Mich App 651 (1998), Thrun Law Firm represented a school district in a case involving a citizen challenge to a bond election. The trial court dismissed the lawsuit, and that dismissal was affirmed on appeal. Further, in Bennink v Coopersville Area Public Schs (2006), a citizen lawsuit alleging election fraud was dismissed following an accelerated trial on the merits. Following the trial, the board of education was awarded legal fees as a sanction against the plaintiff for ?ling the baseless and frivolous complaint.
iv. Tax Increment Finance
Thrun Law Firm has signi?cant experience with tax increment ?nance matters, including issues related to downtown development authorities and similar tax increment ?nance authorities. Our attorneys have worked with clients to establish such authorities, implement and amend plans related to such authorities, and respond to litigation and other con?icts arising from same.
In the recent past, the ?rm has (1) assisted a village client with re-establishing a downtown development authority and approving the development and tax increment ?nancing plan; (2) assisted two township clients with amending their respective downtown development authorities’ 4
Page 7 of 315 development and tax increment ?nancing plans;and (3) represented a township in negotiations with a county regarding a dispute related to the township’s downtown development authority’s development and tax increment ?nancing plan, and the capture of county taxes pursuant to that plan.
Thrun Law Firm has also acted as bond counsel with respect to numerous bond transactions regarding the ?nancing of downtown development authority, and other tax increment ?nance authority, projects. For example, in the recent past, the firm acted as bond counsel for (1) bond transactions that refunded bonds issued by a township on behalf of its downtown development authority; and (2) a bond transaction involving bonds that were issued directly by a downtown development authority.
v. Special AssessmentProjects
Thrun Law Finn’s municipal attomeys are experienced with the procedures and legal requirements related to special assessment projects. We routinely dra? and provide the necessary resolutions and notices required for special assessment procedures, and counsel municipal clients regarding legal issues that arise with respect to the establishment of special assessment districts and the con?rmation of a special assessment roll. Further, we have acted as bond counsel with respect to numerous special assessment bond issues for our municipal clients.
V. Real Estate Transactions
Thrun Law Firm has represented municipalities in various transactional matters, most notably the acquisition and disposition of real property. We routinely dra? purchase agreements and easements, and advise municipal clients on related issues.
D. Other Municipal Clients
Thrun Law Finn presently has a retainer relationshipwith more than 490 local governments and other public sector clients to which we provide varying services. Please see Attachment 2 for a complete list of the ?rm’s current retainer clients.
We provide general counsel and specialized legal services (including public ?nance/bond counsel and election matters) to the following municipalities, among others:
- City of Grand Ledge - City of Fennville - City of Ovid ° Charter Township of Delhi - Charter Township of Delta - Charter Township of DeWitt - Charter Township of Lansing - Township of Park
In addition to acting as general counsel to certain municipalities, we also represent other municipal clients on a limited basis, as we propose to the City of East Lansing, with respect to specialized areas of law. For example, we are currently providing, and/or have recently provided, bond counsel services to a number of additional municipal clients, including, but not limited to, the Village of Port Sanilac and the Charter Township of West Bloom?eld.
Page 8 of 315 3. Attorney Identi?cation
Subject to your approval, we propose that Michael D. Gresens act as the City’s primary contact for public ?nance/bond counsel and other applicable matters, and that Christopher J. Iamarino and Fredric G. Heidemannprovide support for Mr. Gresens and act as secondary contacts for the City. We believe that our proposed “team” approach to representing the City will ensure that the City receives quality legal services with respect to all issues that arise, in a timely and cost-ef?cient manner.
Mr. Gresens is a member of the Public Corporation Law Section of the StateBar of Michigan.
Below please find additional information regarding Mr. Gresens, Mr. Iamarino, and Mr. Heidemann. Further information can also be found in Attachment 3.
Name: Michael D. Gresens Bar Number: P52026 Date of Graduation: 1994 Law School Name: University of Michigan Law School Date of Admission to Michigan Bar: 1994
Name: Christopher J. Iamarino Bar Number: P536l6 Date of Graduation: 1995 Law School Name: University of Notre Dame Law School Date of Admission to Michigan Bar: 1995
Name: Fredric G. Heidemarm Bar Number: P76355 Date of Graduation: 2012 Law School Name: Michigan State University College of Law Date of Admission to Michigan Bar: 2012
The above-listed attorneys’ biographies are included with this Proposal as Attachment 3. Our other 28 attorneys’ biographies, including four additional attorneys who specialize in public ?nance and election matters (Jeffrey J. Soles, Kari K. Shay, Matthew F. Hiser, and Ryan J. Nicholson) and in real estate/transactionalmatters (Gordon W. VanWicren, Jr., Kirk C. Herald, and Philip G. Clark), can be found on our website at www.thrun1aw.com/attorneys.
The ?nn’s general practice is to have the attomey(s) requested by the client provide all necessary legal services. If the contact person(s) is unfamiliarwith any given area of law, then the matter will be directed, with your consent, to another attorney in the of?ce with the requisite experience. This method best ensures that the City of East Lansing will be served by the same attorney for common legal issues, and provides consistency in representation.
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I T_HRUN East Lansing officials will have the ability to determinewhich Thrun Law Finn attomey(s) they desire to work with on speci?c projects. Other ?rm attorneys may become involved in a project or consulted if necessary, to take advantage of their specific areas of legal expertise. It is virtually certain that Thrun Law Firm will have an attorney with appropriate experience and expertise available to assist the City of East Lansing with any legal issue that arises.
4. Assigned Attorneys
Please see Attachment 3 for additional information regarding the attorneys proposed to be assigned to the City of East Lansing on a priority basis.
Thrun Law Firm has attorneys with the necessary legal expertise to address all of the items described in the Scope of Services provided within the City’s Request for Proposal. Critically, however, Thrun Law Firm proposes only to serve as ?nance/bond counsel to the City. Based on the foregoing, Thrun Law Firm thus notes here and in Section 8(A) that its proposal represents an exception to the City Scope of Work and Speci?cations.
Thrun Law Finn’s attomeys believe that the ?ve indispensable components of quality legal representation are knowledge, skill, communication, availability, and reasonable cost. Ready access to, and timely responses from, attorneys are important and rightful expectations of clients.
Simply stated, clients ask questions because they need answers — quickly and in plain English. A delayed response from legal counsel is often little more useful than no response at all.
Accordingly, our attorneys do everything reasonably possible to return client communications the same day received. Our clients bene?t from our state-of-the-art voicemail, email and facsimile systems, as well as direct dial phone service to the desk of each attorney. Additionally, clients may reach individual attorneys who are out of the of?ce via mobile telephone at any time communication is necessary. \
We commit to provide the City of East Lansing with prompt and effective legal services to your speci?cations, requirements and satisfaction. As legal counsel to the City Council, being the City’s governing body, it is our responsibility at all times to represent the City Council's interests in the legal matters with which it is confronted. To that end, our attorneys are available for contact at any time by those designated by the City Council to obtain legal counsel and services.
Very little lead time will be required in order for the City to have legal counsel present for schedule or ad hoc meetings. Also, given the close proximity between City Hall and Thrun Law Firm’s main of?ce in East Lansing, it is likely that an experienced attorney will be available to meet in person with City of?cials as needed, even in an emergency and on extremely short notice. 5. Facilities
Thrun Law Firm’s main of?ce is located in East Lansing, approximately three miles from East Lansing’s City Hall.
The East Lansing of?ce is utilized by 24 of its 28 attorneys on a full—timebasis, along with 20 additional employees (15 full—timeand ?ve part-time), including law clerks, administrative assistants, accounting personnel, and messengers.
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Page 10 of 315 Our attorneys and staff have signi?cant resources and technology at their disposal, including state-of-the-art voicemail, email and facsimile systems, direct dial phone service to the desk of each attorney, and mobile communications. Thrun Law Firm also has a well—appointed law library on site, as well as ready access to electronic research through such online resources as Lexis Nexis Advance. Our East Lansing of?ce has ?ve conference rooms available to our attorneys and clients.
6. Authorized Negotiators
The following Thrun Law Firm of?cers are authorized to negotiate the proposed contract with the City of East Lansing:
Christopher J. Iamarino Michael D. Gresens President/Shareholder Treasurer/ Shareholder Phone: (517) 374-8862 Phone: (517) 374-8838
7. References
We welcome you to contact any of our retainer and municipal clients to inquire as to our quali?cations, availability, and any other questions which you may have with reference to our ?rm’s reputation and ability to provide you with the services which you will require and expect. As requested, we hereby provide permission to the City to contact any of our municipal clients to obtain copies of contracts and/or billing statements as may be necessary to evaluate this proposal. Such billing statements, however,remain subject to the attomey-client privilege, which privilege can only be waived by the respective client.
A list of certain of our municipal clients can be found in Section 2(D), above, and a list of the ?nn’s current retainer clients is attached as Attachment 2. Most of our clients listed in Section 2(D) and in Attachment 2 have a long (multiple decades in many instances) history and attomey-client relationship with our ?rm.
You are also welcome to contact the following individuals in particular for further information about our law ?rm and ?nance/bond attorneys:
- Charter Township of Delhi: Ms. Tracy Miller, Township Manager, and Ms. Tricia VanderPloeg, Deputy Supervisor (phone 517-694-2137)
- Charter Township of Delta: Mr. Brian Reed, Township Manager (phone 517-323-8590), Mr. Gary Bozek, Planning Director (phone 517-323-8560), and Mr. Ted Droste, Assessing Director (phone 517-323-8520)
- Charter Township of West Bloom?eld: Ms. Teri Weingarden, Township Treasurer (phone 248-451-4860)
- East Lansing Public Schools: Ms. Dori Leyko, Superintendent (phone 517-333- 7420), and Mr. Richard Pugh, Director of Finance (phone 517-333-7435)
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Page 11 of 315 - Lansing School District: Ms. Kim Sleight Adams, Director of Finance (phone 517-755-3005), and Ms. Teresa Szymanski, Chief of Operations (phone 517-755- 3000)
8. Additional Information & Attachments
A. Acceptance of Proposal Contents & Exceptions
Thrun Law Firm expressly acknowledges and agrees to the following:
- that before executing any subcontract to perform work for the City, Thrun Law Firm shall obtain prior approval of the City Council;
- that the renewal of any contract requires City Council reauthorization;
- that the contract for services is terminable at the will of the City Council upon sixty (60) days’ written notice;
- that any contract for services shall be solely for the bene?t of the City Council of East Lansing, East Lansing residents, East Lansing government and the Provider of Services;that it is not made for the benefit of any third party; and that no action or defense may be founded upon any contract except by the parties hereto; and
- that any contract to provide City Attorney services shall require that payment be made monthly upon receipt of Thrun Law Firm’s invoice and that the invoice shall include detailed information regarding time expended by classi?cation and by task, as well as informationregarding such items as mileage, materials, and other non-overhead costs.
Thrun Law Firm further accepts the contents of the City’s Request for Proposal and the related obligations, with the following exceptions:
First, Thrun Law Firm does not intend nor does it propose to perform the ?ill City Scope of Work and Speci?cations as to each of those services enumerated. Instead, Thrun Law Finn proposes to serve as special counsel to the City only with respect to the following legal matters: (1) public ?nance/bonds; (2) elections; (3) taxation, including property taxation, special assessments, tax increment ?nancing, and related issues; (4) real estate and transactional matters, and (5) other similar specialized legal matters.
Second, Thrun Law Finn cannot agree to, and expressly disclaims, the terms of the “Limitation of Liability” and “Indemnity” requirements describedon page 8 of the City’s Request for Proposal. Instead, the City would have recourse with respect to any professional liability implicating Thrun Law Firm pursuant to the ?rm’s professional liability insurance. Thrun Law Firm’s professional liability coverage far exceeds the minimum limits required by the City pursuant to its Request for Proposal.
Page 12 of 315 B. Proposal Term
This Proposal shall be in effect for a period of ninety (90) days following the date of the proposal opening by the City.
C. Proposal & Award Form
Thrun Law Fim1’s Proposal & Award fonn is attached to this Proposal as Attachment 4.
D. Cost Proposal
Thrun Law Firrn’s Cost Proposal is attached to this Proposal as Attachment 5.
E. Shareholder Authorizing Resolution
Due to COVID-19, a copy of Thrun Law Finn’s shareholder authorizing resolution has not been attached to this Proposal. If an interview is scheduled or if this Proposal is accepted, however, we can provide a copy of such a resolution upon request.
F. Proposed Contract
Thrun Law Firm has generally not utilized formal contracts with respect to the representation of our public entity/municipalclients. Our services are typically provided under the terms and provisions of this document and, in certain circumstances,an engagement letter.
While we do not normally use a formal contract to establish an attomey-client relationship, we are willing to discuss that issue and the terms of a proposed contract with the City of East Lansing. We believe that such a contract may be more appropriate for the engagement of our ?nn with respect to certain speci?c legal matters, such as ?nancing transactions,rather than to establish a general attomey-client relationship between the City and Thrun Law Firm. Again, however,we are open to discussing a contract and the speci?c terms thereof‘.Thrun Law Finn would seek a contract to establish an attomey-client relationshipwith the City for a minimum duration of three (3) years.
Except as noted in Section 8(A) above, the provisions of the City’s Request for Proposal, and the related obligations, are acceptable to Thrun Law Firm.
G. Equal OpportunityEmployer
Thrun Law Firm is an equal opportunity employer. Further, Thrun Law Firm provides bene?ts to its employees, and thosebene?ts are also offered to other eligible individuals,including domestic partners.
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I..”.!3.H‘§‘. Thrun Law Firm looks forward to establishinga successful attomey-client relationship with the City of East Lansing. We hope that this Proposal con?rms to you that Thrun Law Firm has an extensive history and proven track record of providing superior legal service to Michigan’s municipalities and public entities, and stands ready to provide such services to the City.
Respect?11lysubmitted,
THRUN LAW FIRM, P.C.
' 4 MichaelD. Gresens \ Treasurer/Shareholder
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‘?}{'§' Attachment 1
Please see attached for Thrun Law Firm, P.C.’s 2020 Annual Report, as ?led with and certi?ed received by the State of Michigan.
Page 15 of 315 Filed by Corporations DivisionAdministrator Filing Number: 202056725630 Date: 03/09/2020
Corporation. gonline Filing System oaicensingand Regulatory Affairs
Form Revision Date 07/2E ANNUAL REPORT (Required by Section 911, Act 284, Public Act of 1972)
he identi?cation number assigned by the Bureau is: 800956960 rmuvaluReport'Filing"Year:2025
4 narneof thecorporation
THRUN,MAATSCH AND NORDBERG, Pf
The . street address of the corporation's registered office and the name of the resident agent at that office: - Resident Agent Name: CHRISTOPHERJIAMARINO
» Street Address! 2900 WEST ROAD SUITE 400 Apt/Suite/Other:
City: EAST LANSING State: MI Zip Code: 43323
. Mailing address of the corporation's registered of?ce: '°'°' 3°" °’ Street Address: 2730 ELDERBERRYDRIVE Apt/Suite/Other: City: OKEMOS State: W Zip Code: 43354
-. Provide the name(s) and address(es) of the corporations board of directors and its president, treasurer, and secretary:
-u- :.: -.~*oo:.. PRESIDENT CHRISTOPHERIAMARINO 4276 CORNELLRD., OKEMOS,MI 48864 USA TREASURER MICHAELGRESENS 416 CLIFTON BLVD., EAST LANSING,MI 48823 USA SECRETARY FREDRIC G HEIDEMANN 5660 WEST CLARKRD, LANSING,MI 48906 USA DIRECTOR TIMOTHYT GARDNER 1432 POND VIEW CT, WIXOM, MI 48393 USA DIRECTOR RAYMONDM DAVIS 1207 ORCHARDDR, MARSHALL,MI 49068 USA DIRECTOR ROBERTA DIETZEL 5472 EARLIGLOW,HASLEIT, MI 48840 USA DIRECTOR MICHELE R EADDY 3810 HEMMINGWAYDR, OKEMOS,MI 48864 USA DIRECTOR MARTHAJ MARCERO 2120 RIVERWOOD,OKEMOS,MI 48864 USA DIRECTOR DANIELR MARTIN 13733 COTTAGE DR, GRANDHAVEN, MI 49417 USA DIRECTOR IAN F KOFFLER THORNBERRYHILLCT SE, GRAND RAPIDS,MI 49525
DIRECTOR GORDONW. VANWIEREN,JR. 3615 POWDERHORNDRVIE, OKEMOS,MI 48864 USA DIRECTOR JENNIFER K STARLIN 1613 TOWN COMMONSDR #B5, HOWELL,MI 48855 USA DIRECTOR KATHERINEW BROADDUS 6485 GREENLEFE,GRAND RAPIDS, MI 49546 USA DIRECTOR _ MARGARETM HACKEIT 7674 RAMSDELLDR NE, ROCKFORD,MI 49341 USA DIRECTOR Page—ROY 16H ofHENLEY 315 2400 KEWANEEST, OKEMOS,MI 48864 USA DIRECTOR KIRKC HERALD 5598 SILVERLEAFCT, HASLEIT, MI 48840 USA DIRECTOR MATTHEWHISER 3027 BENNINGTON DR, WIXOM, MI 48393 USA DIRECTOR ROBERT G HUBER 6381 PLEASANTRIVER, DIMONDALE,MI 48821 USA DIRECTOR JEFFERY J SOLES 5222 HAWKHOLLOW DR EAST, BATH, MI 48808 USA DIRECTOR KARIK SHAY 54893 WALNUT DR, NEW HUDSON, MI 48165 USA
Describe the general nature and kind of business in which the corporation is engaged in during the year covered by this report:
iection 911(1)(f), Act 284, P.A. of 1972, as amended, requires that the annual report shall list the names and addresses of all hareholders.
‘he corporation certifies that each shareholder is a licensed person in one or more of the professional services provided by the -rofessional corporation and that the corporation meets the other requirements of chapter 2A.
3.The name(s) and address(es) of all shareholders:
ame Residence Or Business Address IARGARI:‘I'HACKETT 7674 RAMSDELLDRIVENE ROCKFORD,MI 49341 USA OBERT HUBER 6381 PLEASANTRIVERDIMONDALE,MI 48821 USA ARI SHAY 54893 WALNUT DRIVENEW HUDSON, MI 48165 USA _ _ HRISTOPHER J IAMARINO 611 ARDSON RD EAST LANSING,MI 48823 USA _ ENNIFERK STARLIN 1613 TOWN COMMONS DR #85 HOWELL,MI 48855USA IICHELEEADDY 3810 HEMMINGWAYDRIVE OKEMOS,MI 48864 USA IATTHEWHISER 3027 BENNINGTONDRIVEWIXOM,MI 48393 USA IARTHAMARCERO 2120 RIVERWOODDRIVEOKEMOS,MI 48864 USA EFFREYSOLES 5222 HAWKHOLLOWDRIVE EAST BATH, MI 48808 USA ISA SWEM 602 WILDWOOD DRIVE EAST LANSING,MI 48823 USA
-- AYMOND DAVIS 1207 ORCHARD DRIVEMARSHALL,MI 48068USA OBERT DIETZEL 5472 EALIGLOW HASLETF, MI 48840 USA .OY HENLEY L400 KEWANEESTREET OKEMOS, MI 48864 USA IANIEL MARTIN 13733 COTTAGE DRIVEGRAND HAVEN,MI 49417 USA IORDONW VAN WIEREN 3615 POWDERHORNDR OKEMOS,MI 48864 USA IICHAELGRESENS 416 CLIFTON BLVD EAST LANSING,MI 48823 USA ATHERINEW BROADDUS 6485 GREENLEFEGRAND RAPIDS, MI 49546 USA IMOTHYT GARDNER 1432 POND VIEW Cr WIXOM,MI 48393 USA '-\N F KOFFLER 4641 THORNBERRYHILLCT SE GRAND RAPIDS, MI 49252 USA REDRIC G HEIDEMANN 5660 WEST CLARKRD LANSING,MI 48906 USA IRK HERALD 5598 SILVERLEAFCOURT HASLI:‘I'l',MI 48840 USA his document must be signed by an authorized officer or agent: igned this 9th Day of March, 2020 by:
v .,.~ -0» ;4»~:.
Sordon Burr Other Office Manager y selecting ACCEPT, I hereby acknowledge that this electronic document is being signed in accordance with the Act. I further certify 1at to the best of my knowledge the information provided is Page 17 of 315 true, accurate, and in compliance with the Act. C Decline 5 Accept Filed by Corporations Division Administrator Filing Number: 202056725630 Date: 03/09/2020
MICHIGAN DEPAR TMENT 0F LICENSING AND RE GULATORY AFFAIRS
FILING ENDORSEMENT
This is to Certify that the 2020 ANNUALREPORT
for
THRUN, MAATSCHAND NORDBERG, P.C.
ID Number: 800956960
received by electronic transmission on March 09, 2020 , is hereby endorsed.
Filed on March 09, 2020 , by the Administrator.
The document is effective on the date ?led, unless a subsequent effective date within 90 days after received date is stated in the document.
In testimony whereof, lhave hereunto set my hand and affixed the Seal of the Department, in the City of Lansing, this 9th day of March, 2020. afwvwaéz Linda Clegg, Interim Director Corporations, Securities & Commercial Licensing Bureau
Page 18 of 315 Attachment 2
Please see attached for our Retainer Client List as of May 6, 2020.
Page 19 of 315 THRUN Current Retainer Clients Total Number LAW FIRM, P.C. ol‘Retainer Clients: 515
0772 A.M.A.Educ, Service District 0707 BerrienRESA 3156 Center Line PublicSchools 0325 Dexter CommunitySchools 0086 AdamsTownship School Distric 0253 BerrienSprings Public Schools 0247 Central Lake PublicSchools 2347 Dickinson-IronI.S.D. 0015 Addison CommunitySchools 2081 BessemerArea School District 0008 Central MontcalmPublic School 0865 Dollar Bay-Tamarack City A.S. 0025 Adrian PublicSchools 0749 Big Bay dc Noc School District 0108 CentrevillcPublicSchools 0010 Dowagiac UnionSchools 0215 Airport CommunitySchools 0022 Big Rapids PublicSchools 0294 CharlevoixPublicSchools 0329 Dryden CommunitySchools 0042 Akron-FairgroveSchools 0257 Run Birch Area Schools 0633 Charlevoix-EmmetI.S.D. 0053 DundeeCommunity Schools 02 16 AlansonPublicSchool 0023 BlisslieldCommunitySchools 0038 Charlotte PublicSchools 01I2 DurandArea Schools 0777 AlbaPublic School District 2543 Bloom?eld HillsSchools 0871 Chasscll Township Schools 2108 EastChina School District 0080 AlconaCommunitySchools 0105 Bloomingdale PublicSchools 0241 Cheboygan Area Schools 2121 East Grand Rapids P.S. 1040 Algonac Community Schools 2008 Boyne City PublicSchools 0298 Chelsea School District 0812 East Jackson Community School 0744 Allegan Area E.S.A. 0650 Falls Boyne PublicSchools 0033 Chesaning Union Schools 2009 EastJordan Public Schools 0224 Allegan PublicSchools 0755 BranchInter. School District 0809 Chippewa HillsSchool District 0456 East LansingPublic Schools 2 126 Allen Park Public Schools 0263 BrandonSchool District 0300 Clare Public Schools 0770 Eastem Upper PeninsulaI.S.D. 0807 AllendalePublicSchools 1098 Brandywine CommunitySchool: 0758 Clare-GladwinRESD 0054 EatonRapids Public Schools 0219 Alma PublicSchools 0214 Breckenridge CommunitySchoo 0301 Clarkston Community Schools 0761 EatonRegional EducationServi 0383 Alpena Public Schools 0028 Bridgeport-SpauldingC.S. 0039 Climax-ScoltsComm, Schools 0663 EauClaire Public Schools 0016 Anchor Bay School District 0266 S.D, Bridgman Public 0306 Clinton Community Schools 0338 EdwardsburgPublic Schools 0228 Arenac EasternSchool District 0267 Brighton Area Schools 0910 ClintonCounty R.ErS.A. 0340 Elk Rapids Schools 0695 ArmadaArea Schools 3573 BrittonDeer?eld Schools 1007 ClintondaleCommunitySchools 0341 Elkton-Pigeon-BayPort Laker 0096 Ashley CommunitySchools 0030 Bronson Community Schools 2069 Clio Area Schools 0879 EllsworthCommunitySchools 0017 AthensArea Schools 1041 BrownCity Community Schools 0309 Coldwater Community Schools 0056 EscanabaArea PublicSchools 0222 AtlantaCommunitySchools 0854 Buchanan CommunitySchools 0310 Coleman Community Schools 2351 Essexville~HamptonP.S. 1077 Au Gres-Sims School District 0839 Buckley CommunitySchool 0040 Coloma CommunitySchools 0342 Evan PublicSchools 0703 BadAxe PublicSchools 2256 BullockCreek School District 0041 ColonCommunitySchools 0844 Ewen-TroutCreek Schools 0098 BaldwinCommunity Schools Burr 0277 Oak CommunitySchools 0029 ColumbiaSchool District 0752 I-‘airviewArea Schools 2 I50 Bangor Public Schools 0278 Area Byron Schools 2129 Comstoek PublicSchools 2734 Fanninglon Public Schools 21 18 Bangor Township Sch. District 0031 Byron Center PublicSchools 3622 Concord Academy -Petoskey 0347 FarwellArea Schools 0593 Baraga Area Schools 0759 C.0.0.R. Inter. Sch. District 0926 ConcordCommunitySchools 0420 FennvillePublicSchools 0079 Bark River-HarrisSchools 0297 ESD Cr0.P. 0132 Constantine PublicSchools 0350 FentonArea PublicSchools 0653 Barry I.S.D. 0286 Cadillac Area Public Schools 0826 Coopcrsville Area P.S. 2606 Femdale PublicSchools 0018 Bath CommunitySchools 0034 Caledonia Community Schools 0859 CopperCountry1.S.D. 3426 Flat River Academy 0087 BattleCreekPublicSchools 0756 Calhoun Inter. School District 0044 Comnna PublicSchools 0051 Flat RockCommunitySchools 2285 Bay City PublicSchools 0872 CalumetPublicSchools 0373 CrawfordAuSable S.D. 2317 FlintCommunitySchools 0834 Bay-Arenac I.S.D. 0107 Camden-Frontier Schools 0778 CrestwoodSchoolDistrict 0595 ForestArea CommunitySchools 0036 Beal City PublicSchools 2034 Capac CommunitySchools 3781 Crossroads Charter Academy 2055 Forest HillsPublic Schools 0019 Bear Lake Schools 0890 Cannan-Ainsworth C.S. 0047 DansvilleSchools 0355 Fowler PublicSchool District 0242 Beaver IslandCommunity Schot 0287 Camey-Nadeau PublicSchools 0048 DavisonCommunity Schools 0057 Fo\vlervi||e CommunitySchools 0102 BeavertonRural Schools 0288 CaroCommunitySchools 0111 DecaturPublicSchools 2221 FrankenmuthSchool District 0894 BeecherCommunitySchools 0989 Carrollton PublicSchools 0840 DeckervilleCommunitySchools 0315 Frankfort-ElbertaArea Schools 0020 Belding Area Schools 0032 Carson City-CrystalA.S. 3750 DeltaCollege 001 1 FreelandCommunityS.D. 0630 BellairePublicSchools 0265 Carsonville-PortSanilac 0769 Delta-SchoolcraltI.S.D, 2292 FremontPublic Schools 0104 BellevueCommunitySchools 0290 Schools, CasevillePublic 0320 DeltonKellogg Schools 0418 FruitportCommunitySchools 2623 BendlePublic Schools 0318 Cass City PublicSchools 0816 DeTour Area Schools 0050 FultonPublic Schools 0682 Benton HarborArea Schools 0037 Cassopolis Public Schools 3576 DetroitPremierAcademy 0232 Galesburg-AugustaC.S, 0718 BenzieCounty Central Schools 0293 Cedar Springs PublicSchools 0624 DeWittPublic Schools 0377 Garden City PublicSchools
Wednesday, May 6, 2020 Thrun Law Firm Retainer Clients Page I of 3
Page 20 of 315 0058 Gaylord Community Schools 0074 Hudson Area Schools 0641 LawtonCommunity Schools 0389 Michigan Center PublicSchools 0774 Genesec l.S.D. 0429 HudsonvillePublicSchools 0442 LelandPublic Schools 3539 Michigan Math and ScienceAca 3469 Genesee School District 0763 Huron Inter. SchoolDistrict 0467 LenaweeI.S.D. 0693 Mid Michigan College 0380 GibraltarSchool District 0075 HuronValley SchoolDistrict 0712 Les CheneauxCommunity Schoi 3386 MidMichigan LeadershipAcadr 0368 GladstoneArea Schools 2163 Imlay City Community Schools 0092 LesliePublic Schools 2002 Mid PeninsulaSchool District 0059 Gladwin Community Schools 0421 lngham IntemtediateSch. Dist. 0832 LewisCass I.S.D. 0800 MidlandCounty E.S.A. 0371 Glen Lake Community Schools 0119 InlandLakesSchools 3383 Lighthouse Academy 0419 MidlandPublic Schools 2040 Glenn Public School 3757 Innocademy 0805 LincolnConsolidated S.D. 0943 MilanArea Schools 0060 Gobles Public Schools 1036 lonia County I.S.D. 2599 LincolnPark Public Schools 0005 Millington Community S.D. 2208 Godfrey-Lee PublicSchools 0738 losco RESA 2273 LindenCommunity Schools 0388 Mio AuSable Schools 2039 Gogebic-OntonagonI.S.D. 0120 Iron MountainSchool District 0723 LitchlieldCommunity Schools 0136 Mona Shores PublicSchools 0344 Goodrich Area Schools 0912 IshpemingPublicSchools 0797 Livingston Educ.Svc. Agency 0472 MonroeCounty l.S.D. 0370 Grand Haven Area P.S. 0425 IthacaPublicSchools 0128 LivoniaPublicSchools 0114 MontabellaCommunitySchools 01 17 Grand Ledge PublicSchools 0785 Jackson County I.S.D. 0898 LowellArea Schools 0473 Montague Area Public Schools Grand 2439 Rapids Public Schools 0083 Jefferson Schools 0126 Ludington Area Schools 0766 MontcalmArea I.S.D. 348 1 Grand Traverse Academy 0691 Jenison PublicSchools 2659 M.A.S.A. 2091 MontrosePublic Schools 0690 GrandvillePublic Schools 3653 JKL Bahweting AnishnabePSA 2718 M.A.S.S.P. 0139 MorenciArea Schools 0 08 1 Grass Lake Community Schools 0084 Johannesburg-Lewiston A.S. 0093 MackinawCity P.S. 0804 Morley Stanwood Comm. Schoo 0063 Gratiot-Isabella R.E.S.D. 0430 Jonesville Community Schools 3199 MadisonDistrictPublicSchool 0138 MorriceArea Schools 0343 Greenville PublicSchools 0640 KalamazooR.E.S.A. 0094 MadisonSchool District 2549 Mt. Clemens Community SD, 2729 Gull Lake Community Schools 2095 KalamazooSchool District 0095 ManchesterCommunity Schools 0140 Mt. PleasantPublicSchools 2338 Gwinn Area Community School: 0003 KalevaNorrnanDicksonS.D. 2072 ManisteeArea Public Schools 0014 Munising PublicSchools 0064 Hale Area Schools 0436 KalkaskaPublicSchools 0765 ManisteeI.S.D. 0866 Muskegon Area I.S.D. 0385 HamiltonCommunity Schools 2746 KearsleyCommunity Schools 0698 Manistique Area Schools 2058 Muskegon PublicSchools 0398 HancockPublic Schools 0775 Kelloggsville PublicSchools 0135 MantonConsolidated Schools 0481 Napoleon Community Schools 0994 Hanover-HortonSchool District 2028 KenowaHills PublicSchools 0200 Maple Valley Schools 0601 Negaunce Public Schools 3045 Harbor Beach Community Schor 0437 Kent City Community Schools 0599 Mar Lee School District 0142 New Buffalo Area Schools 0065 Creek Harper Community Schoo 0720 Kent County Inter. School Dist 0787 MarcellusCommunity Schools 2371 New HavenCommunity Schools Harper 2807 Woods School District 0260 KentwoodPublicSchools 0458 MarionPublicSchools 0483 New LothropArea P.S. 0570 HarrisonCommunitySchools 0426 KingsleyArea Schools 0603 MarletteCommunity SD. 0141 Ncwaygo Public School District 0067 Hart PublicSchools 0537 Kingston CommunitySchool 0461 Marquette Area PublicSchools 0952 NICE Community SD. 067 1 Hartford Public Schools 0733 KirtlandCommunity College 0817 Marquette-Alger RESA 0485 NilesCommunitySchools 207 1 l-lartlandConsolidated Schools 0085 Laingsburg CommunitySchools 0387 MarshallPublicSchools 0487 North Adams-JeromeP.S. 0069 HaslettPublicSchools 0448 LakeCity Area Schools 0129 MartinPublic Schools 0144 North BranchArea Schools 25 2 1 HastingsArea School System 2035 Lake FentonCommunitySchool 2725 Marysville Public Schools 0757 North Central Area Schools 0068 HemlockPublicSchools 2140 Lake Linden-HubbellP.S. 0013 MasonConsolidatedSchools 2457 North DickinsonSchools 0118 HillmanCommunity Schools 3728 LakeSuperior Academy 0181 MasonCountyCentral S.D. 2128 NorthMuskegonPublicSchools 0406 HillsdaleCommunity Schools 0445 LakeshorePublicSchools 0836 MasonCounty EasternDistrict 3307 North Star Academy 0736 HillsdaleCounty I,S.D. 0122 LakeviewCommunitySchools 0130 Mason Public Schools 0446 Northport PublicSchool 0407 Holland PublicSchools 0090 LakeviewPublicSchools 0463 Mattawan Consolidated Schools 0933 NorthviewPublic Schools 2033 Holly Area School District 0127 LakeviewSchoolDistrict 0180 Mayville CommunitySchools 0146 NorthvillePublic Schools 0070 Holt PublicSchools 2183 LakeVilleCommunity Schools 0451 McBainRuralAgr, Schools 0937 NorthwestCommunity Schools 0674 Holton PublicSchools 0124 LakewoodPublicSchools 0923 Mecosta-Osceola I.S,D. 0921 Norway-Vulcan Area Schools 0382 HomerCommunitySD. 0613 L'AnseArea Schools 0574 Memphis Community Schools 0147 Nottawa CommunitySchools 3557 Hope Academy of West Michiga 0091 L'Anse Creuse PublicSchools 0134 MendonCommunity Schools 2063 Novi Community School Distric 0397 Hopkins Public Schools 0035 Lansing School District 0878 MenomineeArea PublicSchools 2322 Oak Park School District 007 I Houghton LakeC.S. 0659 Lansing, Charter Township of 0771 MenomineeCounty I.S.D. 2077 Oakland Schools 0850 Houghton-Portage Township S.I 0760 Lapeer County l.S.D. 1001 MeridianPublicSchools 0627 Oakridge PublicSchools 0073 Howell Public Schools 0123 LawrencePublicSchools 0646 MesickConsolidated Schools 3588 Ojibwe Charter School
Wednesday, May 6, 2020 Thrun Law Firm Retainer Clients Page 2 of 3
Page 21 of 315 0466 Okemos Public Schools 0002 RoscommonArea Public School 0194 Unionville-SebewaingA.S. 0148 Olivet CommunitySchools 0711 Rudyard Area Schools 0768 Van Buren 1,S.D. 0149 Onaway Area Community Sch0( 0614 Saginaw 1.S.D. 0246 Van BurenPublicSchools 0843 Onekama Consolidated Schools 1064 Sagina\vTwp. Comm.Schools 0365 VanderbiltArea Schools 0150 Onsted Community Schools 2043 Saline Area Schools 0881 VandercookLake Schools 2640 Ontonagon Area School District 0177 Sand Creek Community Schools 0362 Vassar Public Schools 2060 Orchard View Schools 2062 Sandusky Community Schools 0366 Vestaburg Community School 0489 Oscoda Area Schools 0855 Sanilac Inter. School District 0367 Vicksburg Community Schools 0625 Otsego PublicSchools 2227 Saranac Community Schools 0556 Waldron Area Schools 2353 Ottawa lnter. School District 0178 Saugatuck PublicSchools 0557 WalkervillePublicSchools 0152 Ovid-ElsieArea Schools 0391 Sault Ste. MarieArea P.S. 276l WarrenWoods PublicSchools 0490 Owendale-Gagetown Area S.D. 3650 Schoolcran College 0558 Washtenawl.S.D. 0743 O\vosso Public Schools 0179 SchoolcraltCommunity Schools 2488 Waterford School District 2048 Oxford CommunitySchools 0183 Shelby PublicSchool 2272 WatcrsmeetTownship S.D. 2714 ParchmentSchool District 0655 Shepherd PublicSchools 0559 WatervlietPublicSchools 0498 Paw Paw Public Schools 0530 ShiawasseeRESD 0207 Waverly CommunitySchools 0672 Peck Community School District 0007 South 1-lavcnPublicSchools 0416 Wayland Union Schools 0155 Penn?eld Schools 2092 South Lyon Community Schools 0203 WebbcrvilleCommunity School: 0499 PentwaterPublic Schools 3145 South?eld PublicSchools 0679 West Branch-RoseCity A.S. 0156 Perry Public Schools 2032 Southwestern Michigan College 0244 West Ottawa Public Schools 0501 Petoskcy, Public School of 0231 Sparta Area Schools 0209 West Shore E.S.D. 0158 Pewamo-WestphaliaC.S. 2352 Spring Lake PublicSchools 0497 Wcstem School District 0502 Pickford Public Schools 0541 Springport Public Schools 2124 Westwood Comm. School Dislri 0396 PinckneyCommunitySchools 0851 St. Clair County RESA 2855 Westwood Heights Schools 0503 PinconningArea Schools 0731 St. Johns PublicSchools 070 1 Wcxford-Missaukec1.S.D. 0700 Pine River Area Schools 0767 St. Joseph County l.S.D, 0563 WhiteCloud Public Schools 0159 Pittsford Area Schools 0176 St. Joseph Public Schools 0562 White Pigeon Community Schoc 2231 PlainwellCommunity Schools 0175 St, LouisPublic Schools 0988 White?shTwp Community Schl 0162 Plymouth-Canton C.S. 0185 Standish-SterlingComm. Schs. 0564 Whitcford Agricultural Schools 2120 Port Huron Area S.D. 0867 Stanton Township PublicSchool 0565 WhitehallDistrictSchools 2580 Portage PublicSchools 0187 Stockbridge Community School: 0204 WhitmoreLake Public Schools 0160 PortlandPublic Schools 0188 Sturgis Public School District 02 12 Whittemore-PrescottA.S. 3114 PosenConsolidatedSch Dist #9 0427 Summer?eldSchools 0009 WilliamstonCommunitySchool: 0164 PottervillePublic Schools 0519 Superior Central S.D. 0206 Wolverine CommunitySchools 0166 Quincy Community Schools 0546 Suttons Bay PublicSchools 2282 Woodhaven-BrownstownSchoo 0511 Rapid RiverPublic Schools 2090 Swan Valley SchoolDistrict 3638 WSC Academy 2093 RavennaPublic Schools 1022 Swartz Creek Community Schoo 0823 Wyandotte PublicSchools 0168 ReadingCommunity Schools 0796 Tahquamenon Area Schools 0l73 Wyoming PublicSchools 0433 Reed City Area Public Schools 0191 Tawas Area Schools 0569 Yale PublicSchools 0322 ReesePublic Schools 0192 Tecumseh PublicSchools 3659 Ypsilanti Community Schools 0439 Reeths-PufferSchools 0193 Tekonsha CommunitySchools 0357 Zecland PublicSchools 0970 Republic-Michigamme Schools 0414 Thomapple Kellogg School 0515 RichmondCommunity Schools 0549 Three RiversCommunitySchool 0170 River Rouge School District 0681 Traverse Bay Area l.S.D. 0201 River Valley School District 0938 Traverse City Area P.S. 0897 RochesterCommunitySchools 0072 Tri County Area Schools 0621 Rockford PublicSchools 0638 Tuscola 1.S.D. 0417 Rogers City Area Schools 0747 Ubly Community Schools 2625 RomulusCommunity Schools 0276 Union City Community Schools
Wednesday, May 6, 2020 Thrun Law Firm Retainer Clients Page 3 of 3
Page 22 of 315 Attachment 3
Please see attached attorney bios.
Page 23 of 315 8/19/2020 Christopher J. Iamarino - Thrun Law Firm
(:HRBTOPHERJ. IAMAWNO Shareholder E D U CATI O N J.D.,Notre Dame East Lansing Office LawSchool
B-A-Icumlaudel Q, 5173748352 Assistant Details MichiganState . . _ University E [email protected] 5 KathyGilson (2009 — 2012). He is a frequent speaker and lecturer on public finance and election, school and construction law matters for organizations including the Michigan Council of School Attorneys, the Michigan School Business Officials, the Michigan Association of School Administrators, the Michigan Association of School Boards and the Michigan Community College Business Officers Association. Mr. lamarino currently serves on the executive committee of Thrun Law Firm, PC (since 2004). Mr. lamarino lives in the Lansing area with his wife and two sons. He enjoys the outdoors, kayaking, scuba diving and is an avid fan of both Michigan State University and University of Notre Dame athletics. He and his family are active parishioners at St. Thomas Aquinas Church in East Lansing. Practice Areas - Board Counsel Litigation,AdministrativeLaw,and - BusinessContracts Appeals - General School Law - MunicipalLaw - Higher Education - PublicFinanceand Elections Page 25 of 315 https://www.thrunlaw.comlattomeyslchristopher-j-iamarino/ 2/2 8/19/2020 Michael D. Gresens - Thrun Law Firm Shareholder East Lansing Office JD, Universityof K. 517.374.8838 Assistant Details MichiganLaw E [email protected] 8 KrisHuson School |B 517.484.0001 K. 517.374.8828 B.A.,with honor, MichiganState E vCard E khuson@thrun|aw.com University Michael D. Gresensjoined Law lngham County Thrun Firm in 1994, after graduating from the University Bar Association of Michigan Law School (.1.D., 1994). Mike received his undergraduate education from Michigan State University (BA, with Michigan honor, Honors College, 1991). Councilof School Mike's practice focuses on public finance, elections, municipal law and Attorneys general school law. With respect to public finance, he has acted as bond counsel for the following American Bar types of municipal bond/financetransactions, Association among others: school district voted and nonvoted bonds, capital improvement bonds, downtown development bonds, revenue bonds, National special assessment bonds, building authority bonds, refunding bonds, Association of department of public works bonds, drain bonds, tax increment bonds, BondLawyers state aid notes, tax anticipation notes, installment purchase agreements, National Council and lease-purchase agreements. In those transactions, Mike has of School represented .a wide spectrum of public entities across Michigan, Attorneys including school districts, cities, townships, villages, counties, drainage districts, and downtown development authorities. He has also been counsel to certain underwriters and financial institutions, as well as the Michigan Finance Authority, with respect to the Authority's annual school State Barof district state aid note pool program. Michigan He has over 20 years’ experience representing cities, townships, villages, U.S. District and counties across Michigan on general municipal matters. For Court, Eastern example, on behalf of the firm, Mike has acted as general counsel to a District of Michigan charter township client since 1997. He has significant, Michigan experience with the following areas of municipal law: Open Meetings Act, Freedom of Information Act, Michigan Tax Tribunal, ordinance drafting, ordinance enforcement, zoning/planning/land use, downtown development and other tax increment finance authorities, economic development, public improvements, special assessments, elections, taxation, and intergovernmental agreements and cooperation. Page 26 of 315 https:I/www.thrunIaw.com/attorneys/michael-d-gresens/ 1/2 8/19/2020 Michael D. Gresens - Thrun Law Firm Mike is a member of the State Bar of Michigan (Public Corporation Law and Real Property Law sections), the lngham County Bar Association, the American Bar Association, the National Association of Bond Lawyers, the Michigan Council of School Attorneys, and the National Council of School Attorneys. He is listed as a bond attorney in the Bond Buyer's Municipal Marketplace directory, also known as the "Red Book." Mike lives in East Lansing, within walking distance of Michigan State University's campus, with his wife, daughter, and two sons (one human, one canine). Practice Areas - Board Counsel Litigation,AdministrativeLaw,and - Business Contracts Appeals - General School Law - MunicipalLaw - PublicFinanceand Elections Page 27 of 315 httpszl/www.lhrunlawcomlatlorneys/michael-d-gresens/ 2/2 8/19/2020 Fredric G. Heidemann - Thrun Law Firm FREDmc(3. ldaDEMANN Shareholder E D U C ATI O N 0 J.D.,magna cum East Lansing Office laude, Michigan State University \, Assistant Details College of Law 5173744535 . B,A,,with E [email protected] 5 Barb Feldkamp h°“°’5r IQ 517.484.0001 K. 517.374.8859 of IE vCard B [email protected] M E M B E R S H l P S ' lngham C°”"tV Fredric G. Heidemann joined Thrun Law Firm, PC. in 2012 after Ba’A35°Cia?°“ graduating magna cum laude from the Michigan State University 0 Michigan College of Law, where he was a scholarship recipient and Managing Councilof Editor of the MSU Law Review. He graduated with a BA, with honors, School from the University of Michigan in 2009. Attorneys ...... , . . In his practice, Fredric primarily serves public entities in financial, ' Bar Amerifal‘ transactional, construction, and election matters. In public finance, he A55°C‘at'°” serves as counsel to school districts and municipalities issuing bonds, - American Inns notes, installment purchase contracts, and equipment leases. He also ofCourt advises and serves as underwriter's counsel to investment banks . National underwriting the issuance of municipal securities and regularly speaks at Association of conferences on public finance and transactional law. Fredric frequently Bond Lawyers drafts vendor, service, and construction contracts as well as advising school districts and municipalities on the Open Meetings 0 Act and National Council , _ general board or organizational matters. of School Attorneys Fredric is a member of the State Bar of Michigan, the American Bar Association (State and Local Government, Business Law, and Forum on BAR Construction Law sections), the lngham County Bar Association, the ADMISSION National Association of Bond Lawyers, and the Michigan and National . State Barof Councils of School Attorneys. in 2018, the lngham County Bar Association Michigan recognized Fredric as one of the “Top 5 under 35," awarded annually to five young lawyers in lngham County. He was also named a “Rising Star” in government finance in Super Lawyers Magazine. A native of East Lansing, Fredric continues to live in the area with his wife and two lovely daughters. His hobbies include building furniture, trial and error home improvement, hunting, fishing, and almost anything Page 28 of 315 https:I/www.thrunlaw.com/altorneys/fredric-g-heidemann/ 8/19/2020 Fredric G. Heidemann - Thrun Law Firm outdoors. He and his wife are parishioners at St. Thomas Aquinas Catholic Church, where they are both active in charitable organizations. RATEDBY Super Lawyers RisingStars Fredric: Heidemann SuperLawyers.com Practice Areas - BoardCounsel - General School Law - Business Contracts - PublicFinance and Election Page 29 of 315 https://www.thrunlaw.com/attorneys/fredrio-g—heidemann/ 2/2 Attachment 4 REQUESTFOR PROPOSALS City Attorney Services July 24, 2020 PROPOSAL & AWARD The undersigned having become thoroughly familiar with and understanding all proposal documents attached hereto, agrees to provide the services as speci?ed herein, for the total fees as stipulated herein, subject to negotiation. I hereby state that all of the information I have provided is true, accurate and complete. I hereby state that I have authority to submit this proposal which will become a binding contract if accepted by the City Council of the City of East Lansing. I hereby state that I have read, understand and agree to be bound by all of the terms of this proposal. Signatur Title ~/4'6/’; U/5* 0Ve@"B?1te $1“ Print Name g/0L(A'6] I K’ / Firm Name Thrun Law Firm, P.C. Address 2900 West Road, Suite 400 P.O. Box 2575 East Lansing, Michigan 48826 Telephone No. (517) 484-8000 Fax No. (517) 484-0041 E-mail mg§[email protected] Page 30 of 315 Attachment 5 COST PROPOSAL Thrun Law Firm, P.C. Duty Shareholder Associate Law Clerk Elections, Real Estate $176/hour $152/hour $135/hour Transactions, Tax Issues, and Related Special Projects and Legal Services Public Finance/Bond Flat rate, all-inclusive Flat rate, all-inclusive Flat rate, all-inclusive Counsel fee based on type & fee based on type & fee based on type & amount of bond issue amount of bond issue amount of bond issue Examples: For a $1 million limited tax general obligation (LTGO) bond issue, our bond counsel fee would be $9,500 For a $5 million LTGO bond issue, our bond counsel fee would be $16,000 For a $10 million LTGO bond issue, our bond counsel fee would be $25,000 There would not be an annual or monthly retainer fee pursuant to this Cost Proposal. The ?rm’s standardbilling procedure (except with respect to bond issues) is to submit bills for fees and expenses on a monthly basis. The billing statements are detailed by date and contain descriptions of services provided on each date. Billing statements also identify the attorney Page 31 of 315 Attachment 5 performing the services described and the time expended by that attorney in providing each service.For a bond issue, the ?rm bills for the bond counsel fee upon the closing of the transaction. Typically, our attorneys will independently conduct research, prepare legal opinions, prepare routine motions, coordinate discovery, and meet with witnesses. In some complex cases which require unusual amounts of preparation, a second attorney within our of?ce may be utilized. - However, we strive to minimize the number of attomeys working on a given assignment, which avoids duplication of effort and controls the fees billed to our clients. Attorney time is billed in minimum increments of one tenth (0.1) of an hour. Clients are not billed based on attorney time for bond issues. Except with respect to bond issues, Thrun Law Firm bills out-of-pocket expenses on an actual cost basis, including the cost of certain computer research, printing, binding, ?ling fees, court reporter fees, mediation fees, service of process, and related services for litigation support. Generally, copying costs are not billed unless they are related to a speci?c court case or are voluminous in nature. There are no minimum charges for telephone calls, copying, facsimile transmission, or messenger services. Since bond issues involve a ?at rate, all—inclusivebond counsel fee, clients are not billed for any miscellaneous or out-of-pocket expenses. Page 32 of 315 Page 33 of 315 Lga$e I ervices Popr 05/afo r CITY 0 FE ASTL ANSI NG August 20, 2020 Submitted by: Steven P. Joppich, Esq. Rosati, Schultz, Joppich & Amtsbuechler, PC Lansing Office: Farmington HillsOf?ce: 822 Centennial Way, Suite 270 27555 Executive Drive, Suite 250 Lansing, MI 48917 Farmington Hills,MI48331-3550 Cell: (248)797-0870 General: (248)489-4100 Page 34 of 315 Proposal for Legal Services City of East Lansing Pagei TABLE OF CONTENTS INTRODUCTION REQUIREDELEMENTSTO BEINCLUDEDIN PROPOSALS 1 Business Organization (RFP Page 10)...... 2 Applicable Experience (RFP Page 10) ...... 2 3 Attorney Identi?cation (RFP Pages 10-11) ...... 3 4 Accessibilityof Assigned Attorneys (RFP Page 11)...... 6 5 Facilities(RFP Page 11) ...... 6 6 References & BillingSample...... (RFP Pages 11-12) ...... 7 7 Additional Information (RFP Page 12) ...... 7 8 Cost Proposal (RFP page 16) ...... 8 9 City of East Lansing Special Directives and Preferences (RFP Page 4) 10. Commitment to Proposed Rates for Legal Services (RFP Page 4).... 11. Subcontractors (RFP Page 4) 12. Renewals/Reauthorizations(RFP Page 4) ...... 13. Termination (RFP Page 4) ...... 14. Scope of Work and Speci?cations (RFP Page 4) ...... 15. Sole Bene?t of East Lansing (RFP Page 5) ...... 16. Invoices and Payments (RFP Page 5) ...... 17. Proposed Contract & Contract Requirements...... (RFP Pages 5 and 7-9) ...... 18. Minimum Duration of Contract (RFP Page 5) ...... 19. Signatures (RFP Page 6) ..... 20. Proposal Period of Effectiveness (RFP Page 10) 21. Proposal & Award Form (RFP Page 1) ...... Appendix #1 Articles of Incorporation Appendix #2 Client List Appendix #3 Signi?cant MunicipalLaw Cases Handled by RSJA Appendix #4 Professional Biographies Appendix #5 Personal References for Steven P. Joppich Appendix #6 Sample RSJA BillingStatement Appendix #7 Draft Agreement for City Attorney Legal Services Appendix #8 Resolution Appendix #9 Proposal & Award Form Ian" I Icmuu Page 35 of 315 Proposal for Legal Services City of East Lansing Page 1 INTRODUCTION Rosati, Schultz, Joppich & Amtsbuechler, PC (RSJA) is pleased to present this proposal to provide legal services to the City of East Lansing. The attorneys in our ?rm have established a reputation for providing sound, well-reasoned, and circumspect legal advice and representation to local governments throughout the state, and we appreciate this opportunity to submit a proposal to serve the City of East Lansing community. REQUIREDELEMENTS TO BE INCLUDED IN PROPOSALS In reviewing the City's Request for Proposal (RFP), we noted that pages 4 to 6 of the RF P require all proposals to include various items of general information and responses. We also noted that pages 7 to 9 of the RFP require all proposals to include certain terms in a contract that is to be submitted with each proposal, and pages 10 to 12 of the RFP identify seven items that must be included in each bidder’s proposal. Lastly, page 16 of the RFP requires details of a cost proposal. The sections of our Proposal set forth below willaddress all of the above requirements. We willstart with the seven items listed on pages 10-12 of the RFP, followed by the cost proposal and the remaining general requirements. In the heading for each required item, we will include a reference to the page number in the RFP where that requirement is described to help the City easily cross-reference and con?rm that we have met each of the City's RFP requirements. 1. Business Organization (RFP Pgge 19) The full formal name of our ?rm is “Rosati, Schultz, Joppich & Amtsbuechler, PC” Our main of?ce is in Farmington Hills,Michigan, and we have a branch of?ce in Lansing, Michigan . The addresses and contact information for both of?ces are provided on the cover sheet of this Proposal. We are incorporated in the State of Michiganand operate as a professional corporation. As required by the RFP, a copy of our company's Articles of Incorporation authorizing us to operate in the State of Michigan are attached as Appendix #1. Page 36 of 315 Proposal for Legal Services City of East Lansing Page 2 2. A lic Ie Ex rience FP Pa e10 We are a municipal law ?rm, ?rst and foremost. Rosati, Schultz, Joppich & Amtsbuechler, PC (“RSJA”) is a full-service municipal law ?rm of 25 lawyers. All of our attorneys concentrate their practices in areas relating to the representation of local governmental entities. Our law ?rm originated in 1993 with 11 lawyers who had a shared goal of offering the highest quality and most cost-effective legal counsel to public service and governmental agencies throughout the State of Michigan. Over the years we have grown to include lawyers who can provide virtually every legal service required by a localgovernment. We are fully committed to serving communities by helping elected and appointed of?cials effectively, ef?ciently, and lawfully perform their duties and serve their residents. 1't3' what we do, all day every day. As a ?rm of 25 municipal attorneys, we are able to provide the City with an unmatched group of experienced and dedicated attorneys who can provide all of the day-to-day City Attorney services required by the City. As general and special counsel in numerous communities and governmental entities throughout Michigan, our ?rm is uniquely quali?ed to provide the City of East Lansing the high level and broad scope of municipal legal services that are required by a City of your size and stature. As proof of our extensive experience and quali?cations, we have included a list of our clients as Appendix #2, any of whom you may wish to contact for reference purposes. Additionally, please see the list of major litigation involving municipalities across Michiganthat have been successfully defended by our law ?rm, which is attached as Appendix #3. Other achievements of the ?rm and its individual attorneys are described throughout the next section of this Proposal (#3 below), on our website at www.rs]'a|aw.com , and in the professional biographies that are attached as Appendix #4 As you can see from our demonstrated experience and quali?cations, Mr. Joppich and our ?rm are fully quali?ed and capable of providing the City with the services described in the “Scope of Work and Speci?cation” set forth on pages 13-14 of the RFP. I scuuu: Page 37 of 315 Proposal for Legal Services City of East Lansing Page 3 3. Attorne Iden i?cation RFPP as 10-11 If selected, the lead attorney to be designated as your City Attorney would be Steven P. Joppich, and he would be primarily responsible for all of the day-to-day general governmental matters outlined in the Scope of Services set forth on pages 13-14 of the City's RFP. Mr. Joppich has been a municipal attorney for over 25 years, and his practice is devoted to the representation of localgovernment. Mr. Joppich, personally, has a vast amount of experience both in city council chambers and in the courtroom, and he has developed many areas of municipal law experience and specialization. A sampling of some of these areas includes: / Zoning, land use & planning law ~/ Parks and recreation / Ordinance drafting and enforcement / Blighted properties & dangerous / Public property purchases, sales, buildings leases & developments / Condemnation / Medicaland recreational marihuana / Authorities (DDAs, CIAs,TIFs etc.) / Contract drafting & negotiations / Intergovernmental agreements for / Sign & billboards shared services / Liquor law ~/ Special Assessment Districts (SADs) ~/ Library law J Publicworks (water, sewer, storm, / Election law roads, etc.) V FOIA / Purchasing & Procurement / OMA& Roberts Rules / COVID—19Emergency Order / Constitutional and anti- discrimination law While Steve Joppich would serve as the City Attorney and the primary contact point for all City legal matters, our ?rm’s approach is to provide the City and Mr. Joppich with a support staff of experienced municipal attorneys, who willprovide prompt and highly-effective municipal legal support, on an as-needed basis, to address whatever legal issues may arise. Our team wil l be there, all day, every day, to serve as part of your team. It will be as if East Lansing has its own City Law Department staffed by 25 municipal lawyers and multiple administrative assistants on hand at all times to serve the City of East Lansing in whatever way needed. Page 38 of 315 Proposal for Legal Services City of East Lansing Page 4 Although Mr. Joppich willhave all the attorneys in our ?rm as a resource to tap for assisting in City matters at any time, there are a select number of attorneys at RSJA listed below who specialize in certain areas of city law practice and would be designated to provide speci?c legal services to East Lansing as needed: / Property taxation and tax tribunal: Stephanie Simon Morita & Lisa Anderson / Tort law, risk management, police department policies& administration,and litigation: HollyBattersby, CarlitoYoung & Debani Gordon Zoning and land use: Carol Rosati &Tom Schultz Environmental & brown?eld law: ElizabethSaarela Cable, telecom, cell towers, and broadband: Lisa Anderson & Gary Dovre Employment law matters: Laura Amtsbuechler District court prosecutions: Chuck Snell & MichaelHanchett Assisting with general day-to-day legal services work: Elizabeth Saarela, Debani Gordon & others above We have attached professional biographies of the attorneys that are speci?cally named in this Proposal (please review Appendix #4). If you are interested, the professional biographies of the other members of our ?rm can be found on our website at www.rs]'a|aw.com As our professional biographies reflect, our ?rm and its attorneys are highly regarded within the profession. Mr. Joppich and Ms. Rosati have been elected to and have served as Chairpersons of the Government Law Section of the State Bar of Michigan (formerly called the PublicCorporation Law Section), and Mr. Joppich is a member of the inaugural class of inductees into the Academy of Michigan Municipal Attorneys by the Michigan Association of Municipa l Attorneys under the Michigan MunicipalLeague (2012 - present). Also, (/5. News & War/a’Repo/1‘ — Best Lawyers has recognized Rosati, Schultz, Joppich &Amtsbuechler, PC as a Tier 1 Firm in the Litigation-Municipalcategory for the years 2013-2020. Additionally, nine attorneys with the ?rm have been named to the Best Lawyers in America list by one of the nation's widest-used lawyer ranking systems, and in the years 2014, 2015 and 2019 Steve Joppich was designated "Lawyer of the Year" by Best Lawyers in the area of Municipa l Law. Also, multiple attorneys (including Mr. Joppich) have been awarded the highest ranking of “AV Preeminent” by Martindale-Hubbell,which is considered the most recognized Peer Rankin \\'\'\\'\ noun I scrum: .m...... uw.. Page 39 of 315 Page 40 of 315 Proposal for Legal Services City of East Lansing Page 6 public of?cials across the State of Michiganto assist them in their efforts to comply with the often daunting public disclosure requirements contained in that law. Also, four attorneys from RSJA have appeared in and contributed to “Anatomy of a Lawsuit,” a training DVD produced by the MMRMAwhich involved a hypothetical “dramatization” of a typical civil case, geared toward providing non—|awyerswith an idea of what to expect if they ever become a party to litigation. The ?lm received a ?rst—place award in the pool category from the National Public Ris k Management Association (PRIMA). In addition, our ?rm was selected in 2012 by American Milestonesfor a special feature educational segment on municipal law for PublicTelevision. You may view the segment on our website at httgszawww.rsjalaw.com(news[gage[4( 4. Accessibili fA si n Attorne s RFPP e11 We are available and willbe there when you need us. RSJA commits to the City that all legal matters assigned to it will receive timely and professional attention. Telephone calls willbe responded to within 24 hours, and, if possible, the same day as received. Responses to legal questions will be provided as promptly as possible given the circumstances. In order to satisfy the City's needs, we willseek to determine timelines and priorities with the City at the time of assignment of speci?c projects and work within those timeframes. Should a project require more time than originally contemplated, we willcommunicate such circumstances to the City in a timely manner. Also, we are available for ad /70c meetings with minimal lead time. While advance scheduling is appreciated when possible, we can and willappear in person or by phone conference for unscheduled, urgent meetings on short notice at your request. Additionally, if desired, we would be able to establish a certain day or days each week that we would be present at the City on a regular basis to address any issues that City of?cials and staff might have. 5. Fgcilities (RFP Page 11] We have two of?ces, which are equipped with conference rooms, kitchen areas, copy and ?le rooms, and both on-site and off-site ?le storage. Our attorneys, law clerk, administrative assistants, of?ce manager and in-house IT professional are all supplied with laptop computers or Surface Pros, enabling them to work in the of?ce or remotely from anywhere with wi-? access. We have contracted with Westlaw for all of our legal research needs, and have a back-up library I A" i scuuuz Aov cu Page 41 of 315 Proposal for Legal Services City of East Lansing Page 7 in the of?ce just in case, as well as access to a more extensive local bar association library. We are currently under a COVID-19 protocol at our physical of?ces, but we remain fully functional and able to serve our clients from the of?ce or home due to our signi?cant investment in technology. 6. References & Billing Sample (RFP Pages 11-12) As required by the City's RFP, the City has our permission to contact and interview personnel at any location that we have provided municipal law services by contract or otherwise. See our list of clients attached as Appendix #2. Also, as requested, a list of three personal references for Mr. Joppich has been attached as Appendix #5. Although we understand from the City's RFPthat it may request copies of billingsamples from our clients, to assist in this regard we have attached as Appendix #6 a sample of a typical RSJA billing statement. In terms of billing practices, we willbillall services on a monthly basis for the previous month's activities. As you will note in the attached sample, each billing will identify the attorney performing the work, the matter on which the attorney worked, a description of the work performed, and the time spent on the task. It has always been our practice to provide a clearly written and detailed’description of each billingentry, which willenable the City to easily identify the project that each entry relates to and exactly what work was done on that project in the amount of time identi?ed. We believe that City Council and City Staff should not have to guess at what services were rendered on their behalf or spend time ?nding out. Although we ?nd that this practice virtually eliminates billing questions and issues, we have always welcomed the opportunity to discuss and address any concerns should they arise. 7. Agditional Information (RFP Page 12) RSJA is recognized in the state as highly experienced and effective defenders of municipalities and municipal of?cials in both the state and federal courts—in all areas where government might ?nd itself being sued. Municipalinsurance providers retain us to represent hundreds of their governmental members/clientsacross Michigan on all types of legal concerns facing cities, townships, counties, as well as other municipal and non—pro?tagencies. Although we recognize that each of our municipal clients has its own unique circumstances, handling IuaIAnI1cuuLn JOIPICH I AMIIIUICNLII Page 42 of 315 Proposal for Legal Services City of East Lansing Page 8 hundreds of cases on essentially every type of issue a?‘ecting these entities puts us in a better position to eva/uate—ano’ at times even prez/ict—5a/fent considerations or pitfa//s for the City of East Lansing wellin advance of their becoming issues and ending up in costly litigation. Lastly, we are very proud of the fact that the attorneys in our ?rm have made it a priority to align their goals with those that we serve. At RSJA, living the practical side of government is a daily occurrence. Our attorneys presently hold a variety of public of?ces in the communities where they live. These include a City Councilmember, a Planning Commission Member, two Zoning Board of Appeals members, as well as other current and past volunteer positions in their communities. Most of us are also active volunteers in community service and non-pro?t organizations in the communities where we serve as general counsel and/orlive. Our willingness to contribute in our own neighborhoods and those of our clients demonstrates how we truly are dedicated, at all levels, to public service in both our professional and private lives. It is who we are. 8. gost Proggsal (RFP gage 1§) The old adage of you get what you pay for applies to legal services, and the better the lawyers, the more that can be saved in the long run due to completion of projects more ef?ciently and in less time, not to mention the avoidance of costly litigation that lurks around every corner for city government. While our rates are most likely not the lowest, they are not as high as others, especially in the private sector. For the reputation, experience, quality, and caliber of legal representation provided by our ?rm, we believe our rates are exceptionally reasonable. We propose, for a ?ve—yearterm, an hourly rate for all non—prosecutionmatters locked in at $170/hour for attorneys with 10 or more years of experience and $150/hour for attorneys with less than 10 years of experience, and an hourly rate for alldistrict court criminaland civilinfraction prosecutions locked in at $140/hour. We do not have minimum charges for services performed. We do not charge for driving time to and from our of?ce or homes to your of?ces. We also do not charge for mileage. We bill all legal services monthly for the previous month's activities. Other aspects of our billing methods include the following practices: > The time of legal services willbe billed in increments of 1/10(0.1) of an hour (6 minutes). For example, if 18 minutes are spent preparing a short letter, the charge Page 43 of 315 Page 44 of 315 Proposal for Legal Services City of East Lansing Page 10 respectfully ask the City Council to consider the above-described dif?culty in arriving at a not to exceed number without the necessary information upon which to formulate such a number and provide our ?rm an opportunity to review the above historical informationregarding City Attorney services and negotiate a not to exceed number that is reasonable and acceptable based on our proposed rates and that historical information with a reasonable buffer contingency. 9. gig gf East Lansing Sgecial Directives and Preferences (RFP Page 4) We are a ?rm of 25 municipal attorneys and 13 support staff. According to the U.S. Small Business Association's Table of Size Standards, we are considered a “small business.” Also,the founder of our ?rm and its Managing Executive Shareholder is a woman, Carol Rosati. With respect to prevailing wage, our attorneys and our staff of professional administrative assistants receive salaries and a range of bene?ts available to all, without discrimination. 10. commitment to Pr sed Rates f r Le al Services RFP Pa e 4 If the contract is awarded to our ?rm, the rates and costs for legal services set forth in this Proposal shall be for the duration of the initial?ve-year term of the contract. \ 11. Subcontractors (RFP Page 4) We are full-time municipal law attorneys. Accordingly, we are fully capable of providing all of the legal services set forth in the Scope of Services identi?ed in the City's RFP and we do not anticipate the need for any subcontractors to provide legal services. In the unlikely event that changes, however, we acknowledge per the RFP that we willobtain prior approval of City Council before executing any contract with a subcontractor to perform work within the Scope of Services under the RFP. 12. Renewglsl Reguthgrizgtigns (RFP Page 4) Per the RFP requirement, we acknowledge and agree that, if we are chosen to serve as the City's attorneys, any renewal of our contract for legal services requires City Counci l reauthorization. non" l scuuux Aovvlcu Page 45 of 315 Proposal for Legal Services City of East Lansing Page 11 13. Termin tion RFP Pa e4 In accordance with the City's RFP, we agree that any contract for legal services awarded to RSJAshall be terminable at the willof the City Council upon 30 days’ notice. 14. Scope gf Wgrk ang Speci?gations (RFP Page 4) We consent to and are fully equipped and capable of satisfying the Scope of Services and Speci?cations identi?ed on pages 13-14 of the City's RFP. It is exactly these types and levels of services that our ?rm and its attorneys have been performing for many decades. It is what we do, all day, every day. 15. Sgle Bene?; gf East Lansing (RFP Page 5) Per the RFP’srequirements, we hereby acknowledge and agree that any contract with our ?rm for services shall be solely for the bene?t of the City Council of East Lansing, East Lansing residents, East Lansing government and our ?rm; and that it will not be made for the bene?t of any third party; and that no action or defense may be founded upon any contract except by the parties to the contract. 16. Invoices and Payments (RFP Page 5) We hereby acknowledge and agree that any contract with our ?rm to provide CityAttorney legal services shall require that payments be made monthly upon receipt of our invoice. The contract shall also provide that our invoice include detailed information regarding time expended by classi?cation and by task, as well as information regarding such items as mileage, materials, and other non-overhead costs. 17. Pro used Contract Cantr ctRe irements RFP Pa a nd 7- As required, we have attached as Appendix #7 a proposed draft contract for legal services. The Contract incorporates and agrees to comply with all of the “City of East Lansing Contract Requirements” listed on pages 7-9 of the RFP. Aouma Page 46 of 315 Proposal for Legal Services City of East Lansing Page 12 18. Minimum Dgration of gontrgct (RFP Page 5) The RFP requires that we identify a minimum duration of a contract for legal services that we seek. Our intention is to serve as the City Attorney for the City of East Lansing for as long as the City Councildesires. Accordingly, we have priced our proposal for a long-term relationship of ?xed hourly rates for the next five years. However, we respect our clients and it is not our practice to bind them to an attorney-client relationship for a set time period. Accordingly, you willnotice that our contract allows City Councilto terminate our contract at will,at any time, with a simple 30-day notice to get affairs in order should our services no longer be desired. 19. Signatgres (RFP Page 6) This Proposal is signed by Mr. Joppich, who is the Vice-President of the ?rm. As required by the RFP, a copy of a Resolution of our professional corporation's Executive Committee authorizing Mr. Joppich to bind our ?rm to this Proposal, which has been certi?ed by a notary and is attached to this Proposal as Appendix #8. 20. Progosal Period of Effectiveness (RFP Pgge 19) Pursuant to the City's RFP requirement, this Proposal shall remain in effect for a period of ninety (90) days following proposal opening. 21. Progosal & Award Form (RFP Page 1) Attached as Appendix #9 is a completed and signed original of the City's “Proposal Award” form. Ian" I Icuulu Page 47 of 315 Proposal for Legal Services City of East Lansin Pageg 13 THANKYOU! We appreciate the opportunity to present this proposal to serve the City of East Lansing community as its City Attorney. We believe our complete dedication to the practice of municipa l law, combined with the extent and level of service we can provide to the City, are unique among law ?rms. If you have any questions, please feel free to direct them to Steve Joppich at (248)797- 0870, and we would again mention and invite you to explore our website at www.rs]'a|aw.com for further details about our firm. P. Jop nt noun l xcuuuz JOIPICDI I Auululculll Page 48 of 315 APPENDIX #1 — ARTICLES OF INCORPORATION Page 49 of 315 CSCUCD-515 (Rev. 06/19) MICHIGAN DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS CORPORATIONS, SECURITIES & COMMERCIALLICENSING BUREAU We R°°"'“°“ AC1 ADJUSTEDTO AGREE WITHBUREAURECORDS This document is effective on the date filed, unless a subsequent effective date within 90 days after received date is stated in the document. Tranlrrfoii 231425733--1OS/27/ cm: 597%! ?entzi$10.3013 Name ID?’ 51375)? . ‘ Address LED City State ZIP Code 05 ZUIB EFFECTIVEDATE: Document will be returned to the name and address you enter above. _-'. GORPORA-“CNSDIVISDN Q16 If left blank, document will be returned to the registered office. CERTIFICATE OF AMENDMENTTO THE ARTICLES OF INCORPORATION For use by Domestic Pro?t and Nonpro?t Corporations (Please read information and instructions on the last page) Pursuant to the provisions of Act284, Public Acts of 1972, (pro?t corporations), or Act 162, Public Acts of 1982 (nonpro?t corporations), the undersigned corporation executes the following Certi?cate: 1. The present name of the corporation is: _ JOHNSON, ROSATI, SCHULTZ &JOPPICH,P.C 2. The identification number assigned by the Bureau is s?o o5’lv1T’tp7-'-VI 3. Article of the Articles of Incorporation is hereby amended to read as follows: the name of the corporation is: ROSATI, SCHULTZ, JOPPIC.H &AMTSBUECHLER, P.C Page 50 of 315 :,-';.__=-g,_._._ -j_; g , ".‘,“-'..".l:. . v» ‘ COMPLETE ONLY ONE OF. THELFOLLCWING: 4. Profit or Nonprofit Corporations:‘For amendments adopted by unanimous consent of incorporators before the first meeting of the board of directors or trustees. r .. :2 I. '. The:foregoingamendmehtltotheArticlesof|'rrcorporat'ion 1. day of in accordance with-the-provisior._is_.of Act byuthe unanimous; consent ofthe ' ' the incorporat6'r(s'.)before the filrétmeeting of the Board of Directors or Trustees. ._‘_-;-'i-.1-_ -' -_ .- Signed this day of (Signature) (Signature) (Type or Print Name) (Type or Print Name) (Signature) _(Signature) (Type or Print Name) (Type or Print Name) 5. Profit Corporation Only: Shareholder or Board Approval The foregoing amendment to the Articles of Incorporation proposed by the board was duly adopted on the E "H "’ :Au'gus{ I‘ Zothv ‘ one of the -following) ,u::-.-.v' _ _day of b ‘;2__o1aby (check the: .-'; éhaiéhoidéisat a"r'n"eetingiiiaccseaancmhSection611(3) of the Act. written consent of the shareholdersthat have at least the minimum number of votes_required by statute in accordance with Section 407(1) of the Act. Written notice ‘toshareholders that have not co nsented in writing has bee n given. (Note: Written consent by less than all of the shareholders is permiltedo nly ifsuch provision appe ars in the Articles of Incorporation.) written consent of all the shareholders entitled to vote in accordance with Section 407(2) of the Act. board of a profit corporation pursuant to Section 611(2) of the Act. Profit Corporations and Professional Service Corporations Signed this 20”‘ day of August 2013 I By 2:1-J.-.>_-.-.v-3.‘...n,» , -’~r,1__«' ;"r‘| -'--:_';« ..«.e-1(Signature=;ofan authorized of?cer or 4.. Thomas R. Schultz, President (Type or Print Name) Page 51 of 315 $62.50 °“'*"°‘ “‘°”'°*’ 934Em4.s 0425 nsrsm UREAU an MICHIGAN DEPARTMENT OF COMMERCE CORPORA ION AND SECURITIES use ONLY) 03”’ R°°°“’°d /wzaalo (FOR BUREAU /66 APR 19 Ste hen M. Fe1dman,_ COuzens, Fealk. E1115, Eslg.oeder & Lazar. 33533 West: Twelve Mile Road, Suite 150 & ENTOFg§)' ell'l:ERcE Farmington Hills. Michigan 48331-5645 EFFECTNEDATE: ABOVE WILL BE RETURNED TO NAME AND ADDRESS INDICATED Doc UME‘NT CORPORATIONDENTIFICATJONNUMBER - '7 OF INCORPORATION ». ARTICLES For use by Domestic Pro?t ProlesslonelService Corporations on last page) (Please read instructions and Paperwork Reduction Act notice Articles: amended, the undersigned corporationexecutes the {allowing Pursuant to the provisions of Act 192, Public Acts of 1962, as ARTICLEI Tm’ "arm °f ‘he °°'p°'a?°" Johnson; Rosati ; Gal ica & Shifman P -C- ARTICLE II of rendering the following professionalservice(s): This corporation is organized for the sole and specific purpose See Attachment A ARTICLEIII The total authorized shares: 50. 000 1. Common Shares Preferred Shares and limitationsol the shares of each class is as follows: 2 A statement of all or any ol the relative rights, preferences QPé;>.’9’0/0/‘/K5 cit :(:I,.l.ssz. .an1.w.) .u_.Su....1L.>..(....(e..a :!5...el:.Su Page 52 of 315 ARTICLEIV 1. The address of the registered office is: 48331 34405 West Twelve Mile Road. Suite 200, Farmington Hills Michigan - (CIIY) av com (Street Address) 2 The mailing address of the registered office it different than above , Michigan Code) (city) (ZIP (pp, Baal) ohm S 0 3. The name of the resident agent at the registered otlice is: GM‘ ARTICLEV The name(s) and address(es) of the lncorporator(s) is (are) as follows: Address Name Residence or Business Farminqton Hills, MI 4833 1 Christopher J. Johnson; 34405 West: Twelve Mile Road . Suite 200, AB331_. 34405 West: Twelve Mile Road,_su‘u-.e_.Em. Ea:mmgt.orLH1' ']J.s.. ML Carol A. Rosati I . M; “Q31 Howard 1.. sh gym 3 Q5 ?gs;-_ u3g_e]y_e Mj]e Rama 3m‘g_e ma Eagnjngggn 35115 I-til ls, MI 483 31 Kenneth G. Galica, 34405 West Twelve Mile Road, Sui te 200 .Farming!-.on ARTICLEVI (Optional. Delete it not applicable) of this corporation is proposed between this corpo- When a compromise or arrangement or a plan of reorganization corporation and its shareholders or any class of them. ration and its creditors or any class oi them or between this on application of this corporation or of creditoror shareholderthereof court of equity jurisdictionwithin the state of creditors the corporation,may order a meeting of the creditors or class or on application of a receiver appointed for arrangement o shareholders to be affacted by the proposed compromise or or of the shareholders or class of 3/4 in valuer such manneras the court directs. Ifa majority in number representing reorganization, to be summoned in by the proposed creditors, of the shareholdersor class of shareholders to be affected of the creditors or class of or reorganization of this reorganization, agree to a compromise or arrangement or a compromise or arrangement or arrangement and the reor consequence of the compromise or arrangement. the compromise or corporation as a be binding on all the creditors- sanctioned by the court to which the application has been made, shall ganization, if and also on this corporation or class of creditors or on all the shareholders or class of shareholders ARTICLE VII (Optional. Delete If not applicable) may be taken or by the Actto be taken at an annualor special meeting ol shareholders Any action required permitted setting tom’: the action so taken, without prior notice, and without a vote, it consents in writing, without a meeting, at votes that would be oi outstanding shares having not less than the minimumnumber are signed by the holders the action were present the action at a meetingat which all shares entitled to vote on necessary to authorizeor take who signs the consent. No written consents shall bear the date ol signature ol each shareholder and voted. The 60 days after the record date shall be effective to take the corporate action relerred to unless, within written consents a proposal without a meeting, written determining emittedto express consent to or to dissent from for shareholders to the corporation. Delivery signed by a sutticient number ot shareholders to take the action are delivered consents business, or an otlioer or agent at the corporation to the corporations registered ottice, its principal place or shall be Delivery made to a corporation's registered having custody orthe minutes ol the proceedings ot its shareholders. receipt requested. otlice shalt be by hand or by cenllied or registered mail, return meeting by less than unanirnou5 written COHSENshall Prompt notice of the taking ol the corporate action without a be given to shareholders who have not consented In writing. V./J4.NJYm...«:v.. Page 53 of 315 as olhsrwlse provided lully complies with lhe ProlessionalService Corporation Act whereby, except e legally authorized 01 the Act or otherwisepronibiled, all shareholders are duly licensed or omerwis r more ol the professional servIce(s) lor which this corporallon is organized. spac slow r add onal Arllcl conllnu nued adde Allac addlional needed l(w CHR S /{W4 1 *9 CAROL A.‘!QS}‘£‘/I ‘‘ Page 54 of 315 Page 55 of 315 ' vu.-mm'Am' ATTACHMENTB to the Articles of Incorporation of Johnson, Rosati, Galica & Shifman P.C. ARTICLE IX liable to the A director of the Corporation shall not be pe rsonal ly damag es for breach of Corporation or its stockholders for monetary for any iduciary duty as a director, except for liability (i) f its reach of the director's duty of loyalty to the Corporation or b that stockholders, (ii) for acts or omissions not in good faith or involve intentional misconduct or a knowing violation of law, (iii) Corpora- for violations of Section 551 (1) of the Michigan Business or (iv) for any transaction from which the director ti o n Act, Business de r ived a ny improper personal benefit. If the Michigan in the r porati on Act is amended after this provision is included Co action further Ar t icles of Incorporation to authorize corporate limiting the personal liability of directors, then el iminating or eliminated th e liability of a director of the Corporation shall be Michigan Business or limited to the fullest extent permitted by the Corporation Act, as so amended. or modif ication of the fo rego ing paragr aph by the Any repeal any s of the corpora tion shall not adv ersely affect stoc khclder existing at right or protection of a d irecto r of the Corporation the time of such repeal or modif ication. .I1.la..:1a.\.IiXL..i.._.l__...... a.\F|!15u.1.naa«ul.?:.v.a.mu.uz.s: n.:.».zl:.V Page 57 of 315 APPENDIX #2 — CLIENT LIST A representative list of our ?rm’s public sector clients includes: Current General Counsel: The Cities of Farmington Hills,Farmington, Huntington Woods, Novi, Wixom, Sylvan Lake, and South Lyon. The Townships of Green Oak, Hamburg, Highland, Holly, Independence, Waterford, White Lake, and Oakland Township of Oakland Parks and Recreation Commission. - Current Prosecutor : The Cities of Farmington, Farmington Hills, Novi, Huntington Woods, Wixom, and Sylvan Lake. The Townships of Bloom?eld,Green Oak, Hartland, Howell,Tyrone, and White Lake. 0 Current General Counsel to Public Servic e Aaencies Central Wayne County Sanitation Authority, a ?ve—community solid waste disposal authority; the Jackson Transit Authority; the Oakland Community Health Authority; the Allegan County Community Mental Health; the Michigan Universities Self-Insurance Corporation (MUSIC)—— a corporation devoted to self- insurance and risk management services for 11 of the State's public universities; the Paint Creek Trail Commission and the PollyAnn Trail Management Council. Past and Current Special Counsel or Litiqation Counsel to Many Others Includinq : The cities of Allegan, Allen Park, Cheboygan, Chelsea, Clawson, Ecorse, Flint, Fraser, Grand Blanc, Grand Rapids, Harper Woods, Inkster, Hazel Park, Keego Harbor, Livonia, Madison Heights, Pontiac, Riverview, River Rouge, Rochester, Rochester Hills,Romulus, Roseville,Royal Oak, Southgate, Sterling Heights, Sylvan Lake, St. Clair (County), Wayne, and Westland. The Townships of Brighton, Canton, Clay, Clinton, Fenton, Genoa, Hamburg, Huron, Kasson, Lenox, Northville, Oakland, Putnam, Redford, Richmond, Salem, Shelby, Van Buren, Washington, and West Bloom?eld. The Counties of Bay, Branch, Ionia, Iosco, Lapeer, Mackinac,Monroe, Newaygo, Oscoda, Otsego, St. Clair, Tuscola, and Van Buren. Wayne County Airport Authority. Many of these clients were represented by the ?rm through assignment by the Michigan MunicipalRisk Management Authority (MMRMA). Page 58 of 315 APPENDI #3 - SIGNIFICANT MICHIGAN LAW CASES HANDLED BY RS A Page 59 of 315 APPENDIX #3 - SIGNIF ICANT MUNICPAL LAW CASES HANDLEDBY RSJA RSJA’sbroad range of litigation experience in various areas of municipal law are highlighted below with cases before the Michigan Supreme Court, Michigan Court of Appeals, U.S. Supreme Court, U.S. 6”‘Circuit Court of Appeals, and U.S. District Court: Christie DeRuitter v Byron Township, Michigan Supreme Court, Case No. 158311 (2019). This case involvesthe application of language in the 2008 Michigan MedicalMarihuana Act (MMMA) More speci?cally, it is about the interplay of the MMMA,the MichiganZoning Enabling Act. (MZEA), and the localhome rule authority provisions of the State Constitution as implemented by state statutes. Remarkably, the lower courts ruled that the Township of Bryon is not allowed to regulate the locationof medical marijuana caregiver land uses, which the Township does under its zoning ordinance by permitting those uses only as part of a home occupation carried out as a use accessory to a residential dwelling unit. This case was appealed to the Michigan Supreme Court, and our ?rm was chosen by the Michigan MunicipalLeague and the Government Law Section of the State Bar of Michigan to write an amicus brief in the interests of all townships, cities and villages throughout the State of Michiganto defend local zoning authority over marihuana related businesses. In a victory for localcommunities across the state, the Supreme overturned the lower courts’ rulings and con?rmed that the MMMAdoes not preempt local community zoning authority. Marijuana businesses, local zoning authority, preemption. DetroitA//ianceAgainst the Rain Tax, et a/. v City of Detroit, et a/., Mic/7/‘ganSupreme Cou/t, Case No. 158852 (2020). The Plaintiffs in this case ?led a class action lawsuit against the City of Detroit, the Detroit Water and Sewerage Department, and the Detroit Board of Water Commissioners claiming that the system charges assessed to users in connection with the provision of combined sewage disposal and treatment services constituted a disguised and unlawful tax in violation of the Headlee Amendment to the MichiganConstitution because it had not been approved at an election by the voters. The Court of Appeals ruled in favor of the Defendants, and the Plaintiff appealed to the MichiganSupreme Court. Our ?rm was chosen by the Michigan MunicipalsLeague, Michigan Townships Association, and Government Law Section of the State Bar of Michigan to write an amicus brief in the interests of all cities, townships, villages and water/sewersystems throughout the State of Michigan in support of the defense in this case. RSJA ?led its amicus brief with the Supreme Court in July, 2020, arguing that all combined sewer charges by loca communities are and should be deemed lawful fees, and not taxes, for a number of legalland public policy reasons delineated in our brief. This is a potential landmark case in Michigan, because it may serve to alter or at least clarify longstanding adverse case law established in a 1998 case involving stormwater drainage fees charged by the City of Lansing, which were found to be unlawful taxes. This case is scheduled for oral argument in October. Public works, water and sewer rates, constitutional law. Deer Lake Property Owners Association, et a/. V Charter Township of Independence, et a/., Michigan Court of Appeals, Case No. 343965 (2019). This case involves a challenge by lakefront property owners to a special land use approval of the Township's Planning Commission, whic allowed the keyhole seasonal docking of ten boats from four docks by members of a home ownersh association. RSJA represented the Township in the successful defense of this case, whereby the Planning Commission's decision was upheld and af?rmed by both the Oakland County Circui Court and the Michigan Court of Appeals. Zoning, land use, constitutional, riparian. t Page 60 of 315 RSJA 08/21/20Proposal COURTCASES Page 2 Dev/'ne v Bloom?eld Township, 2017 WL2348719, Michigan Court of Appeals (2017). Plaintiff Dan Devine was the elected treasurer who sued Bloom?eldTownship and the township supervisor alleging violation of the Michigan Whistleblower’s Protection Act. This case was dismissed on an early motion for summary disposition which was ?led in lieu of an answer to the complaint. The court dismissed the case, ?nding that the elected treasurer was not an employee entitled to protection under the WPA. Devine appealed, and the court of appeals upheld the dismissal. The early motion and dismissal saved the township from the time and expense of protected litigation. Employment, statutory. International Outdoor V City of Southgate, 556 Fed Appx 416, U.S. 6”’Circuit Court of Appeals (2014). The plaintiff claimed that the city's blanket ban on billboardsviolated its First Amendment and other constitutional rights. The city said that the proposed billboard did not meet other reasonable time, place and manner regulations in the city's sign ordinance. The lower court granted the city's motion to dismiss for lack of a redressable injury. The dismissal and the city's ordinance were upheld on appeal. Billboards, zoning, constitutional. Livingston C/1r/stia/7 Schools v Genoa Charter Township, 858 F3d 996 U.S. 6”’Circuit Coun‘ of Appeals (2017), cert. denied by U.5. Supreme Court, 1385 Ct 1696 (2018). RSJAwas a successful co—counse| in the ?rst published decision under RLUIPA,setting a precedent for analysis of RLUIPA claims within the Sixth Circuit. A Christian school applied to Genoa Charter Township for a special land use permit to move its K-12 school from another community into an existing church in the township that was adding onto facility. Although the township planning commission recommended approval of the special land use the township board denied the permit. The school sued the township, alleging violation of the First Amendment and RLUIPA.The township obtained summary judgment on all claims and the Sixth Circuit upheld the ruling. The U.S. Supreme Court denied the plaintiff's petition for writ of certiorari, leaving the circuit court's decision as a precedent. Zoning, constitutional, religious land uses. Hendee v Putnam Township, 486 Mich 556, Michigan Supreme Court (2010). The owner of agricultural land in Putnam Township failed in his attempts to rezone the land residential, establish a planned unit development or obtain a use variance. He then sued the township, trying to rezone the property for a manufactured housing community, raising constitutional and exclusionary zoning claims. The fact that the owner requested rezoning for one use but sued for an entirely different use without ?rst going through the zoning application process made the lawsuit unripe for court because plaintiff had not obtained a ?nal decision —or any decision for that matter — regarding a potential manufactured housing community RSJAlent its expertise by ?ling an amicus curiae brief in the Michigan Court of Appeals, and later supporting the township’s application for leave to appeal to the MichiganSupreme Court. That supreme court agreed that the case was not ripe, supporting the application of the ripeness doctrine to exclusionary zoning claims, a decision with meaningful protection for Michigan municipalities. Zoning, land use. Kyser v Kasson Township, 486 Mich514, Michigan Supreme Court (2010). The plaintiff sought to rezone property to mine sand and gravel. The case involved the important issue of whether the "no very serious consequences" rule established in prior mining cases had any continued viability after the Michigan Supreme Court decisions invalidating the concept of preferred uses and con?rming the presumption of validity to municipal regulations. RSJA ?led an amicus curiae Page 61 of 315 RSJA 08/21/20Proposal COURTCASES Page 3 brief in support of the township's application for leave to appeal to the Michigan Supreme Court, and on the accepted case in the Michigan Supreme Court. The court issued a favorable ruling to municipalities on July 15, 2010, invalidated the "no very serious consequences" rule, and found that the rule had also been superseded by the exclusionary zoning statute. Unfortunately, the state legislature amended the MichiganZoning Enabling Act after the decision to codify the “no very serious consequences” rule. Zoning, land use, sand and gravel mining. Hilton v City of Grand Rapids, et a/., Case No. 16-2741, U.S 6”’Circuit Court of Appeals (2018). This action involved allegations of First Amendment retaliation arising out of an email sent by former city Attorney from her city email account to a non-city employee about an alleged sexual assault victim. Plaintiffs claimed, among other things, that because the city Attorney was a city employee and sent the email from her city email account, she was necessarily acting under the color of state law and was therefore liable. Plaintiff also argued that because the city attorney had “ultimate authority” in her position to respond to citizen emails, the city was liable for her actions. Granting the city's motion to dismiss, the court found that the city attorney was not acting under the color of state law when she sent the subject email because she was not acting in the course of performing an actual or apparent duty of her of?ce, and therefore, plaintiff failed to satisfy the threshold requirement of state action, and could not state a claim for First Amendment retaliation. The decision was upheld by the Sixth Circuit. Employment. RJMCCorporation d/b/aBarnstormer v Green Oak Charter Township, 2016 WL1533562, Mich/‘gan Court ofAppea/s (2016). Plaintiff operated a bar, restaurant, banquet center, and nightclub out of a structure that it had illegallyexpanded over a period of 20 years. Fire and construction code inspections led to an occupancy reduction from 2000 to 175 and multiple violation notices by the township and a lawsuit by the owner. The township won in circuit court, but the court denied the township's request for sanctions based on a frivolous ?ling. Both sides appealed and the court con?rmed the ?nding of a dangerous building. RSJAalso appealed the denial of its request for sanctions and was eventually awarded $103,000 for the township in sanctions in addition to almost $30,000 in costs. Land use, dangerous building, blight. Alexander v Bloomfield Twp, 2018 WL1637946, Michigan Court of Appeals (2018). Here, RSJ successfully defended the township against allegations of illegal seizure after a police pursuit.A Over time, the plaintiff and her relations have been the subject of multiple criminalprosecutions in the township and neighboring communities. RSJA successfully defended mandamus actions against judges and township of?cials and criminal appeals brought by these individuals. Law enforcement, township official liability. Stephan v Heinig, 676 Fed Appx 466, (1.5. 6”’Circuit Cou/t of Appeals (2017). RSJAsuccessfully obtained summary judgment as to ?re ?ghters in a signi?cant mental health seizure case where force was necessary. Fire fighter liability. May (Estate of Jesus G/'//ard,deceased) v Bloomfield Twp, 2013 WL2319323, U.5. District Court ED Mich (2013). A mentally-ill individual suffering from excited delirium led township ;polic of?cers on a multi-city pursuit and was subject to 30+ police Taser deployments. Securinge summary judgment on behalf of the township and its of?cers, RSJAattorneys relied (among other cases) on Caie v West Bloom?eld,485 Fed Appx 92 (6th Cir, 2012), a case successfully litigate by RSJA’s Margaret Debler and frequently cited by the Sixth Circuit when af?rming summaryd Page 62 of 315 RSJA 08/21/20Proposal COURTCASES Page 4 judgment. (Caie involved police and ?re response to a mental health seizure, where a Taser was used to apprehend the at-risk teen.) RSJA also successfully obtained summary judgment as to ?re ?ghters in another signi?cant mental health seizure case where force was necessary. Stephan v He/'nig, 676 Fed Appx 466 (6”‘Cir 2017). Law enforcement. Fazica v BloomfieldTwp, 2016 WL795901, U.$. District Court, ED Mich(2016). The case alleged excessive force by township of?cers and sheriff's department deputies. RSJAobtained a dismissal on the merits for the township while the plaintiff was able to proceed against the county defendants. Law enforcement. Ghaith V Rauschenberger, 2012 WI.3289922, us. 6”’Circuit Court of Appeals (2012). RSJA’ experience in civil rights cases and in the federal courts protected Gladwin County in a complexs case involving a man with dual American and Jordanian citizenship. Sheriff's deputies arrested the plaintiff after he threatened his daughter in a long-simmering family dispute. With multiple sources reporting the plaintiff's anger and threats, detectives arrested him. After a mistrial,the prosecutors dropped the charges and the plaintiff ?led a section 1983 civilrights lawsuit against the of?cers and county prosecutors. The federal trial court summarily dismissed plaintiff's federal civil rights claims, ?nding that the police of?cer and prosecutor defendants were entitled to immunity because plaintiff's constitutional rights were not violated. The Sixth Circuit Court af?rmed the trial court's decision, holding that ample probable cause existed to investigate and prosecute Plaintiff for the crime of extortion, despite the mistrial in the state criminal case. Constitutional, civil rights. Northridge Church V Charter Township of Plymouth, 647 F3d 606 U.S. 6”’Circuit Court of Appeals (2011). When Northridge Church wanted to relocate its expanding membership in a rural part of the Charter Township of Plymouth, it entered into a 1995 consent agreement with the township to limit its seating, services, parking, traf?c patterns and outdoor activities to address negative impacts on the surrounding residents. By 2008, weekly attendance had grown from 1,100 to 14,000. The church wanted to void the consent agreement, using multiple arguments includin the assertion that the agreement violated the Religious Land Use and Institutional Personsg Act (RLUIPA) (which was not established until 2000). RSJA successfully defended the township through the Sixth Circuit Court of Appeals, which upheld the consent judgment. Zoning, religious land use, constitutional. Mi/es Christi v Charter Township of Northville,629 F3d 533, U.$. 6'” Circuit Court of Appeal (2010), cert denied by (1.5, Supreme Court 131 5 Ct 3071 (2011). RLUIPdoes not means that churches can ignore zoning ordinances and building codes. A religious group began holdin services and meetings in a ?ve-bedroom house on a one-acre plot in a residential neighborhoodg of the Charter Township of Northville. Township of?cials told the church to request a variance from the ZBAto allow parking in the front yard and submit a site plan to the planning commissio detailing parking and screening. The church did not comply, and it was ticketed. Evenn though the ticket was subsequently dismissed the church ?led a RLUIPA suit against the township i federal court. The Sixth Circuit Court of Appeals found in favor of the township because then church had not made application for the establishment of its religious use through the zoning procedures available at the township. Land use, statutory, constitutional. Page 63 of 315 RSJA 08/21/20Proposal COURTCASES Page 5 Gherghel V Canton Charter Township, 2011 WL1982921, U.S. District Court, ED Mich. (2011). Plaintiff moved a business into a building without obtaining any site plan approval or certi?cate of occupancy. The township ticketed the plaintiff for failing to do so and for numerous ?re code violations. The plaintiff successfully defended against the tickets in the district court except for three charges. Plaintiff turned around and sued the township, alleging numerous constitutional violations because of the township’s tickets and its failure to issue building permits and a certi?cate of occupancy. The federal district court granted the township’s motion for summary judgment. Land use, fire code, building code. Lowery V Beztak Properties, 2009 WL189967, U.S. District Court, ED Mich. (2009). The court denied the plaintiff's request for preliminary injunctive relieffor alleged violations of the Americans with Disabilities Act related to the construction of sidewalks and other improvements, and the provision of municipal services. Constitutional, ADA compliance. Divergi/ia V West Bloomfield Township, 480 Mich 1077, Mic/7/‘gan Supreme Court (2008). Residential landowners ?led a lawsuit against the Township and the Township's wetlands review board, saying that the Township's wetlands ordinance was preempted under the Natural Resources Environmental Protection Act (NREPA). The Michigan Court of Appeals af?rmed the circuit court's grant of summary disposition to the Township on all of plaintiffs’ constitutional claims. Environmental, wetlands. Prewitt V City of Rochester Hills105 F Supp 724, U.S. D/Sir/CtCourt, ED Mich. (2000). The city took action to keep the plaintiff from demolishing a historical structure. Plaintiff claimed this violated his constitutional rights and “took” his property. The court granted the city's motion to dismiss. Land use, statutory, constitutional. Vashi V West B/oomfie/o} 159 F Supp 2d 608, U.S. Di.9tI7t:.‘Court, ED Mich.(2001). The township denied a special land use permit for a daycare center, which alleged religious discrimination. The court granted summary judgment in favor of the township. Land use, zoning. Remus V City of Romu/us116 F30’180, (1.5. 6”’Circuit Court ofAppea/s (1997). The plaintiff, a waste disposal company, wanted to build a commercial hazardous liquid waste injection well in the city of Romulus. After obtaining various work-related permits for the well, none of which concerned zoning, they began construction. The city then ?led suit to stop it because it violated local zoning ordinances. The plaintiffs acted on multiple fronts, contesting the city's action in Wayne County Circuit Court; seeking, without success, zoning variances; ?ling claims of constitutional violations in federal court while simultaneously ?ling a complaint in state circuit court; and appealing the unfavorable lower court decision to the MichiganCourt of Appeals. RSJA successfully defend the city against allthe constitutional claims at both the state and federal level. Zoning, land use, constitutional. Countrywa/k Condominiums V City of Orchard Lake V///age, 221 MichApp 19, M/‘chiga/7 Court of Appeals (1997). The property owner challenged the denial of its request to rezone property for a mobile home park, raising constitutional claims and charges of exclusionary zoning. The court of appeals af?rmed the grant of summary disposition in favor of the city. Land use, zoning, Page 64 of 315 RSJA 08/21/20Proposal COURTCASES Page 6 No/an Brothers of Texas V C/'ty of Royal Oak, 219 MichApp 611 (1997). Plaintiff, which had entered a contract to purchase property from MDOT located within the city of Royal Oak, sued the city alleging that it lacked authority to rezone property while MDOT (e.g., State of Michigan) still owned it. In 1991, while still owned by MDOT,the city rezoned the property from industrial to multiple-family residential in accordance with its master plan. In 1993, plaintiff entered into a contract with MDOTfor the property with the intention of constructing a mini-warehouse facility, which was not a permissible use under the zoning ordinance. Plaintiff sought rezoning in 1993 and 1994 but was denied each time. A request for a use variance was also denied. Plaintiff thereafter sued the city, alleging that the city lacked jurisdiction to apply its zoning ordinance to state-owned land and its actions constituted an unlawful taking and violation of other constitutionalrights. The Michigan Court of Appeals held that because there was no evidence that the legislature intended to preempt MDOT from the application of the zoning ordinance, particularly where MDOT had sold the land to a private party. Zoning, land use, constitution. Community Treatment Center V West/anoj 970 F Supp 1197, U.S. District Court, ED Mich.(1997). The city denied a request for a special land use permit for a federal corrections treatment center. Plaintiff sued alleging violations of constitutional rights, and also argued that it was exempt from zoning because it would be operating a facility for the bene?t of the federal government. The court ruled that plaintiff must comply with the zoning ordinance, and the court granted the city's motion to dismiss. Land use, constitution. Larkin v State of M/ch/gan and City of West/and, 883 F Supp 172, U.S. District Court, ED Mich (1994). The city followed state law in denying a license for a foster care home due to its proximity. to an existing home and the court dismissed the plaintiff's suit. The case continued against the state, and the court eventually invalidated certain state statutes (notice and distancing requirements for placement of foster care homes) as being violations of the Fair Housing Page 65 of 315 APPENDIX #4 - PROFESSIONAL BIOGRAPHIES Page 66 of 315 Steven P Joppich Steven P. Joppich has devoted his legal career to representing the interests of governmental entities. Since 1994, he has assisted loca governments throughout Michigan with a variety of legal issues bothl i and out of the courtroom. As a result, Steve has gained substantialn experience in a diverse and broad cross section of municipal law, wit the following being a sampling of his municipal law practice: h - Zoning and land use law 0 Corridor improvement o Development issues authorities (CIAs) a Charter and annexation matters o Tax increment financing o Medical and recreational (TIFs) marihuana o Special assessment districts o Wetland and natural resource/ (SADs) preservation techniques o Tax abatements o Real property acquisitions and Historic districts sales o Parks and recreation o Signs and billboards - Lake boards Contracts o Election law o Ordinance drafting o Adultbusiness regulations - Freedom of Information Act Code enforcement o Open Meetings Act e Blighted properties and o Intergovernmental agreements dangerous buildings and authorities Condemnation/eminent Libraries domain Constitutional law (due process, Riparian rights takings, equal protection and Oil and gas wells free speech) Farmington HillsOffice Phone: (248)489-4100 Fax: (248) 489-1726 Email: sjoppich@rsja|aw.com Detroit College of Law (now MichiganState University College of Law), J.D 0 University of Michigan, B.A. Professional Activities] Memberships State Bar of Michigan - Government Law Section Current Counc/'/member,Past Chairperson (2018-2019) e State Bar of Michigan - Real Estate Law Section Current Member 0 Oakland County Bar Association - MunicipalLaw Committee Current Member, Past—Chairpers0n(two terms) MichiganAssociation of Municipal Attorneys Current Member Michigan Municipal League Current Member 0 Michigan Townships Association Current Member 0 Michigan State Bar Foundation Page 67 of 315 Page 68 of 315 Stephanie Simon Morita Stephanie Simon Morita concentrates her practice in municipal law, local taxation law, and property tax appeal defense. She has extensive trial experience representing municipalities in valuation disputes in the MichiganTax Tribunal, and has also successfully litigated valuation and tax disputes in Circuit, Probate and Bankruptcy courts. Her representation of clients in property tax and exemption matters has also extended to appearances before the State Tax Commission, Federal District Courts, and Appellate Courts in the State of Michigan. Stephanie's work has encompassed plat vacation, construction and real property title disputes, litigation of real property sa|e—speci?c performance and trespass nuisance claims, Open Meetings Act, Freedom of Information Act, zoning, construction contract drafting and administration of the construction of public works, ordinance review and drafting, mutual aid agreements, local government contracts, and arbitration. Farmington HillsOf?ce Phone: (248) 489-4100 Fax: (248) 489-1726 Email: smorita@rsja|aw.com Practice Areas 0 General Municipal Law 0 Taxes and Assessing Appellate Advocacy 0 Real Estate and Construction Wayne State University Law School, J.D., 1995 University of Michigan,A.B. with Honors, 1992 Professional Activities/Memberships State Bar of Michigan Member, 1995-present Member, Council for the Appellate Practice Section, 2008-present Secretary, Appellate Practice Section Council,2011-2013 Treasurer, Appellate Practice Section Council,2013-present Michigan Municipal League Finance Committee 201 7—present Representative Tax Cases Menard, Inc. v City of Escanaba, 315 MichApp 512 (2016) — Big Box (Appellate Amicus briefing) 0 Detroit Lions,Inc. v City of Dearborn, 302 MichApp 676 (2013) — Special Purpose Property Leahy v Orion Twp., 269 MichApp 527 (2006) — Jurisdiction Issue Page 69 of 315 Page 70 of 315 Lisa A. Anderson is a shareholder with the firm, practicing in the areas of municipal law, land use, zoning, constitutional law, and trial and appellate advocacy. Lisa has successfully represented the interests of and has secured victories for governmental entities in trial and appellate courts across the state. Her areas of expertise include the defense of constitutional law claims involving land use and zoning disputes, First Amendment claims, takings, due process, equal protection, police civil rights actions, as well as employment claims, ordinance challenges, code enforcement, claims involving quali?ed and governmental immunity, among others. In addition to a robust litigation and appellate practice, Lisa represents municipalities and governmental entities on boards and commissions, provides guidance on the Open Meetings Act, Freedom of Information Act, FCC and telecommunicationsissues, and provides general counsel services on a broad range of municipal issues. As a former law clerk in trial and appellate courts at the state and federal level, Lisa leverages her knowledge of the internal workings of the courts to advocate for her clients. She is a long-time member of her local planning commission, zoning board of appeals, and board of review and understands the unique challenges faced by public boards Lisa was appointed to the Board of Directors for the Michigan Defense Trial Counsel (MDTC),a leading association of lawyers dedicated to the defense of individuals and entities in civillitigation. She Co-Chairs the Municipal & Governmental Liability Section of the MDTC and is the former Chair of the Municipal Law Committee for the Oakland County Bar Association. Lisa regularly authors articles for leading publications on issues that affect governmental entities and municipal law. Farmington HillsOffice Phone: (248) 489-4100 Fax: (248) 489-1726 Email: |anderson@rsja|aw.com 0 General Municipal Law Zoning and Land Use 0 Constitutional Law and CivilRights Appellate Advocacy Insurance Defense Educa?on 0 University of Detroit Mercy School of Law, J.D., summa cum /aude, 1996 MichiganState University, B.S., 1987 Page 71 of 315 Page 72 of 315 Holly S. Battersby Holly S. Battersby is a shareholder with the ?rm who specializes in defending a broad range of civil litigation arising under both state and federal law. Holly regularly represents governmental entities and their employees in courts across the state. Her areas of expertise include defense of constitutional law claims, including police civilrights actions, claims asserted against correctional facilities and First Amendment claims, as well as state law tort claims related arising under the proprietary function, public building, highway and motor vehicle exceptions to governmental immunity. Holly additional prosecutes zoning ordinance violations and violations of the Uniform Traffic Code for various municipal clients. Hollyis a graduate of Michigan State University College of Law, where she was active in the Trial Practice Institute, appointed to the Moot Court Executive Board and acted as the Moot Court Appellate Class Director. While in law school, she also received numerous awards, including Best Brief-Writer and Best Oral Argument in local and national competitions. as well as the American Jurisprudence Award for Research, Writing and Advocacy. Contact Information: Farmington HillsOffice Phone: (248) 489-4100 Fax: (248) 489-1726 Email: [email protected] General Municipal Law Constitutional Law and CivilRights 0 Insurance Defense 0 Prosecution and Ordinance Enforcement Michigan State University College of Law, J.D. cum laude, 2008 University of Michigan, B.A., Economics and Spanish, 2004 Professional Activities/Memberships American Bar Association State Bar Association Oakland County Bar Association Member, Municipal Law Committee Allcourts in the State of Michigan United States District Court for the Eastern District of Michigan United States District Court for the Western Districts of Michigan United States Sixth Circuit Court of Appeals United States Supreme Court Page 73 of 315 Page 74 of 315 Page 75 of 315 Page 76 of 315 Page 77 of 315 Page 78 of 315 Carol A. Rosati is a founding and managing shareholder of the ?rm, in charge of its day-to—dayoperations. She is considered one of the top attorneys in the State of Michigan in the area of zoning and land use defense for municipalities. Carol is admitted to all state and federal courts in the State of Michigan as well as the United States Sixth Circuit Court of Appeals in Cincinnati, Ohio. She is the primary defense counsel for the Michigan, Municipa Risk Management Authority in this area of practice and servesl as both general counsel and special counsel for a number of municipalities. She has published several articles, is a frequent speaker at conferences at both the state and national level in her area of practice and has appeared as a speaker on training tapes which have been distributed Farmington HillsOffice Phone: (248) 489-4100 Fax: (248) 489-1726 Email: crosati@rsja|aw.com General Municipal Law Zoning and Land Use Constitutional Law and CivilRights Prosecution and Ordinance Enforcement Real Estate and Construction Insurance Defense Appellate Advocacy Wayne State University Law School, J.D., June 1980 Michigan State University Honors College, B.A., December 1976 Professional ActivitiesIMemberships State Bar of Michigan Member, Council for the Public Corporation Law Section, 1990— Secretary/Treasurer, Public Corporation Law Section, 2002-2003present Vice-Chair, Public Corporation Law Section, 2003-2004 Chair, Public Corporation Law Section, 2004-2005 Former Chair, Zoning Committee of the Public Corporation Law Section American Bar Foundation Fellow Oakland County Bar Association Lifetime Fellow Former Chair, MunicipalLaw Committee Former Vice-Chair,Alternate Dispute Resolution Committee Page 79 of 315 Page 80 of 315 Page 81 of 315 Thomas R. Schultz Thomas R. Schultz is a shareholder in the firm and has concentrated his practice in municipal law for over 25 years. He is currently the City Attorney for the City of Novi, the City of Farmington, and the City of Sylvan Lake. He provides general counsel services to several other Oakland County communities including the City of Farmington Hills. Tom assists these communities and others with drafting ordinances, reviewing and administering contracts, complying with the Open Meetings Act and the Freedom of Information Act, handling religious land uses (under RLUIPA), property taxation and special assessments, property maintenance/nuisance abatement and ordinance prosecutions, and the acquisition of land for public purposes. Tom has been regularly involved in litigation at all levels on issues affecting local governments, including in the state district, circuit, and appellate courts, and in the federal trial and appellate courts, as well as before various state administrative entities such as the Michigan Tax Tribunal. He has argued several cases on behalf of municipalities before the United States Court of Appeals for the Sixth Circuit, the Michigan Supreme Court, and the Michigan Court of Appeals. Thomas has authored or co-authored several appellate amicus (or "friend of the court") briefs on local governmental issues for the Michigan Municipal League, the Public Corporation Section of the State Bar of Michigan and the American Society of Planners. Farmington Hills Office Phone: (248) 489-4100 Fax: (248)489-1726 Email: tschu|tz@rsja|aw.com General MunicipalLaw Zoning and Land Use Constitutional Law and CivilRights a University of Detroit School of Law, J.D., 1988 University of Detroit, B.A., 1985 Professional Activities/Memberships MichiganMunicipal League Legal Defense Fun Board Member, 2011-present d MichiganAssociation of MunicipalAttorneys Board Member, 2011-present State Bar of Michigan PublicCorporation and Real Estate Sections Oakland County Bar Association MunicipalLaw Committee Page 82 of 315 Page 83 of 315 Elizabeth Kudla Saarela Elizabeth Kudla Saarela is a Shareholder with the firm specializing in municipal law. For the past 19 years she has focused her practice in providing legal services to local governmental agency clients. She is the Township Attorney for Hamburg Township and an Assistant City Attorney for the City of Novi and the Cities of Farmington and Farmington Hills. Ms. Saarela also advises several other Oakland County communities on specialized governmental public works issues including water, sewer, and roadways, as well as environmental regulation. Elizabeth principally provides advice on municipal matters, including: police and prosecution matters, ordinance drafting, contract review and administration, planning, zoning, and development; compliance with Open Meetings Act and Freedom of Information Act requirements, special assessments, property maintenance/nuisanceabatement, property transactions for local governmental entities, including acceptance of new roads and public utilities in connection with new developments, as wel as acquisition of land for public projects. Ms. Saarela is l admitted to practice in all Courts in the State of Michigan. Farmington HillsOffice Phone: (248) 489-4100 Fax: (248) 489-1726 Email: esaarela@rsja|aw com General MunicipalLaw 0 Zoning and Land Use 0 Real Estate and Construction 0 Prosecution and Ordinance Enforcement 0 Wayne State University Law School, J.D., 1999 o University of Michigan-Dearborn, B.A., 1995 Professional Activities/Memberships State Bar of Michigan Public Corporation and Real Property Law Sections Oakland County Bar Association Municipal Law Committee Novi Rotary Page 84 of 315 Page 85 of 315 Gary L. Dovre Gary L. Dovre has been counseling and representing municipalities since becoming an attorney in 1977. His extensive knowledge and experience in all aspects of municipal law allows him to provide practical legal guidance to clients on their day-to-day operations and the new issues or challenges they may confront. While Gary's primary work is for municipal clients, his background includes and allows for effective counseling and representation of private clients in his areas of expertise where there is no con?ict with municipal clients and interests of the firm. Gary's municipal practice areas include Contracts, Real Estate, Property Taxes, Special Assessments, Tax Tribunal, Wireless Communications, Telecommunications/Right—of—Way, Cable and Video Franchises Building/Construction Codes, Zoning and Planning, Land Division, and Condominium Acts, Open Meetings and Freedom of Information Acts, Licensing, Administrative Proceedings, and Ordinances. Gary's extensive experience in the litigation of claims by and against municipalities in the State and Federal courts allows him to provide timely analysis and recommendations on claims, possible results, realistic objectives, and available litigation/settlement strategies. Contact Information: Farmington HillsOffice Phone: (248) 489-4100 Fax: (248) 489-1726 Email: gdovre@rsja|aw.com 0 General Municipal Law 0 Zoning and Land Use Real Estate and Construction Detroit College of Law (now Michigan State University College of Law), J.D., 197 MichiganState University, B.A., 1973 7 Professional Activities/Memberships State Bar of Michigan Public Corporation and Real Property Law Sections Oakland County Bar Association Municipal Law Committee Member and Past-Chairperson Oakland County Circuit Court Prior Contract Panel Mediator State Bureau of Construction Codes Prior Approved Instructor Admitted 0 Allcourts in the State of Michigan United States District Court for the Eastern District of Michigan Page 86 of 315 Page 87 of 315 Laura S. Amtsbuechler Laura S. Amtsbuechler is a shareholder practicing in the area of liability defense. Laura has extensive trial experience representing municipalities, individuals and businesses. She is also a trained mediator. She has successfully litigated cases involving employment, civil rights, torts and contracts. Her primary practice is in the area of employment law. Laura has represented municipalities throughout the state on a wide variety of employment matters. This experience has given her valuable knowledge and insight into issues faced by both public and private sector employers. Contact Information: Farmington HillsOffice Phone: (248) 489-4100 Fax: (248) 489-1726 Email: |amtsbuech|er@rsja|aw.com Constitutional Law and CivilRights Employment and Labor Insurance Defense General Municipal Law Mediation Services Education University of Detroit, JD 1984 o AlbionCollege, 1981 Professional Activities/Memberships Oakland County Bar Association Association of Defense Trial Counsel o Michigan Defense Trial Counsel Awards Selected to Thomson Reuters Super Lawyers in the areas of Employment Litigation: Defense, Government/Cities/Municipalities, General Litigation, 2011 - 2019 Listed in Top Lawyers, DBusiness and Hour Magazine, Southeast Michigan's Journal for Business, 2010 and 2017 Presenter, State Bar of Michigan Government Law Section, 2020 Winter Educational Seminar, “Internal Investigations: The Who, What, When & How,” February 2020 Presenter, Michigan Paid Medical Leave Act, Michigan Township Association conference, Apri 2019 l Presenter, ICLE Labor & Employment Law Institute, Real Practice Track, "Settlement Negotiations; Demos and Debrie?ng," 2017 Co-authored ICLE's "Damages and Remedies in Michigan (4th Ed.): Chapter 6, Employment Page 88 of 315 Page 89 of 315 Charles Snell is an Associate with the firm specializing in criminal prosecution and ordinance violations. He was an Assistant Prosecutor with the Oakland County Prosecutor's Of?ce for fifteen years. Whil working in that capacity, Mr. Snell prosecuted cases ranging fromechil sexual assault to homicide. d Chuck is a 1996 graduate of the National College of District Attorneys Career Prosecutor Program in Houston, Texas. In 2009, Chuck left the Oakland County Prosecutor's Of?ce to begin working in private practice. He has continued to perform prosecutions on behalf of municipalities in the State of Michigan. This has required him to appear daily in the district and circuit courts to prosecute misdemeanors, civil infractions and ordinance violations. In addition to representing his clients in the courtroom, Chuck is avidly committed to staying on top of the latest rulings and legislation in his areas of expertise. Mr. Snell provides local police departments with legal updates and training sessions. Farmington HillsOffice Phone: (248) 489-4100 Fax: (248) 489-1726 Email: csne||@rsja|aw.com Areas o Constitutional Law and CivilRights 0 Prosecution and Ordinance Enforcement Detroit College of Law Juris Doctor Cum Laude — 1993 MichiganState University College of Business — 1982 Professional Activities/Memberships State Bar of Michigan Oakland County Bar Association National College of District Attorneys AlumniAssociation Allcourts in the State of Michigan 0 United States District Court for the Eastern District of Michigan Page 90 of 315 Michael D. Hanchett Michael D. Hanchett is an Associate with the ?rm and focuses his practice on municipal law, local government liabilitydefense, and civilrights. Michaelhas experience litigating disputes in both state and federal court involving matters of police liability, First Amendment issues, employment cases, and land use disputes. He also assists with providing general counsel services to several municipalities. He assists these communities with drafting ordinances, reviewing and administering contracts, providing legal opinions, and assisting with real estate transactions. Michael is a graduate of the University of Toledo College of La where he was an active member of the Student Bar Associationw Graduate Students Association, and PhiAlpha Delta Law, Fraternity. While in law school, Michael competed across the country for the school's Moot Court team as both a competitor and coach. Michae also participated in the College of Law's Legal Clinic, wherel he represented clients who could not afford to hire private legal counsel. Prior to joining the firm, Michael gained valuable experience clerking for the Honorable Daniel P. Ryan of the Wayne County Circuit Court, as well as working for law firms across a wide range of practice areas. Contact Farmington HillsOf?ce Phone: (248) 489-4100 Fax: (248) 489-1726 Email: mhanchett@rsja|aw.com Practice General Municipal Law Zoning and Land Use Constitutional Law and CivilRights Real Estate and Construction Insurance Defense Prosecution and Ordinance Enforcement Educa?on o University of Toledo College of Law, J.D., 2016 o Ferris State University, B.S., 2013 Professional Activities/Memberships State Bar of Michigan Oakland County Bar Association American Bar Association u 0 ounce Detroit Metropolitan Bar Association Detroit Young Professionals Page 91 of 315 Page 92 of 315 APPENDI #5 - PERSONAL REFER NCES FOR STEVEN P JOPPICH Page 93 of 315 APPENDIX #5 — PERSONAL REFERENCES FOR STEVENP. JOPPICH Nate Geinzer, City Manager Jaymes Vettraino, Vice President City of Brighton Vettraino Consulting, LLC 200 North First Street Principal Brighton, MI 48116 GovHR USA (810)225-8022 Vice-President [email protected] P.O. Box 82202 Rochester, MI 48308 Dave Boyer, City Manager (248) 379-8923 City of Farmington Hills VettrainoConsu|ting@gmai|.com 31555 W. Eleven MileRoad (Former City Manager) Farmington Hills,MI 48331 (248) 231-8464 [email protected] Page 94 of 315 APPENDIX #6 - SAMPLE RSJA BILLING STATEMENT Page 95 of 315 Page 96 of 315 APPEN I #7 - AGREEMENT FOR CITY ATTORNEY LEGALSERVICES Page 97 of 315 Page 98 of 315 Page 99 of 315 APPENDIX #8 — RESOLUTION Page 100 of 315 RESOLUTION RE: LEGALSERVICES PROPOSAL The undersigned, being all of the members of the Executive Committee of ROSAT I, SCHULTZ,JOPPICH & AMTSBUECHLER,P.C., hereby adopt the following Resolution. The Resolution set forth below shall have the same force and effect as if the same had been unanimously adopted by a duly convened meeting of the Shareholders. RESOLVED, that Steven P. Joppich is hereby authorized to sign, on behalf o f Corporation, and bind the Corporation to the City Attorney Legal Services Proposal for East Lansing and the Proposal & Award Form. Dated: August 20, 2020 < Amtsbuechler, Secretary Steven P ‘ President CarolA. Rosati, Trgasurer Thomas R. Schultz, President STATE OF MICHIGAN SS. COUNTYOF OAKLAND \/\/\/ I hereby certify that, on this 20th day of August 2020, before me, a Notary Publicin and for said County and State, personally appeared Laura S. Amtsbuechler, Steven P. Joppich, Caro A. Rosati and Thomas R. Schultz and who executed the above Resolution in their authorizedl capacity and acknowledged the same to be their free act and deed. (C. ntHiaA. Tremonti, Notary Public Wayne County, Acting in Oakland County, MI MyCommission Expires: Page 101 of 315 APPENDI #9 - PROPOSAL & AWARD FORM Page 102 of 315 REQUESTFOR PROPOSALS CitvAttomevServices July 24, 2020 APPENDIX # 9 - PROPOSAL & AWA The undersignedhaving become thoroughly familiar with and understanding all proposal documentsattached hereto, agrees to provide the services as speci?ed herein, for the total fees as stipulated herein, subject to negotiation. I hereby state that all of the infonnation I have provided is true, accurate and complete. I hereby state that I have authority to submit this proposal which will become a binding contract if accepted by the City Council of the City of East Lansing. I hereby state that I have read, understand and agree to be bound by all of the terms of this proposal signature Ti-[16 Vice President pr1ntName Steven P. p c Date August 20, 2020 Firm Name Rosati Schu|tz Jogpich & Amtsbuechler, PC Address ______J.t'uL;=.,A‘....4.._.T27555 Executive §I|ih= 750 Farminqton Hills, MI 48331 Telephone No. 248-797-0870 Fax No sjoQpich@rsja|aw.com Page 103 of 315 GEORGE BROOKOVER, P.C. 1005 ABBOT ROA_D, EAST LANSING, MI48823 PHONE: (s77) 336-4300 FAX: (512) 336-4398 GEORGE M. BROOKOYER NATHAN P. BOERMA August 20,2020 Mr. George S. Lahanas City Manager City of East Lansing 410 Abbot Rd. East Lansing, Michig an 48823 HAND DELIVERED PERSONAL AND CONFIDENTIAL Dear Mr. Lahanas: Enclosed fol your attention and handling please find the following: 1. An original and six copies of this law firn's Response to the City's IuIy 24,2020 Request for Proposal for City Attorney Services; 2. An original and six copies of a certified Resolution of George Brookover, p.C. authorizing the submission (Exhibit l); 3. An original and six copies of a proposed contract for legal selices (Exhibit 2); 4. An original and six copies of the fully executed "Proposal and Award,, document from page 3 of the RFP (Exhibit 3); 5' Seven copies of the certification by the State of Michigan of the Articles of Incorporation of George Brookover, P.C, dated October I l, 1991 (Exhibit 4); and 6. One digital copy of the above-referenced documents on a USB drive. Should you have any questions please let me know. Thank you for the opportunity to respond to this RFP. Very truly yours, , Brookover GMB/mab Enclosures Page 104 of 315 GEORGE BROOKOVER, P.C. 1005 aBBOT ROAD, EAST LANSING, MI 48823 PHONE: (517) 336-4300 F,{X: (517) 336-4398 GEORGE M. BROOKOVER NATHAN P. BOERMA August 20,2020 Mr. George S. Lahanas City Manager City of East Lansing 410 Abbot Rd. CONFIDENTIAL East Lansing, Michigan 48823 HAND.DELIVERED Dear Mr. Lahanas: The purpose of this corespondence is to respond to the City's Request for Proposal for City Attorney Services dated July 24,2020. The law firm of George Brookover, P.C. is currently a two person general practice law firm located in East Lansing, Michigan. The fìrm's overall specialty is general litigation. In the event the firm is awarded your contlact, the frrm will add three members in order to completely serve the needs of the City. So constituted, the members of the firm will have broad experience in specific legal areas consistent with the needs of the City. If awarded the contract, Mr. Brookover will serve as the appointed City Attorney pursuant to the relevant provisions of the City Charter. Should this law firm be chosen to provide legal services to you, we make you the following six promises : 1. We promise to strive to conserye the financial resources of the people of the City of East Lansing. This means that we feel it is our continuing duty to the City to advise you as to how to save money on contractual matters, legal expenses, the expected costs of your possible decisions, and litigation outcomes wherever possible. 2. We promise to be responsive. This means that a member of the firm will retum all phone calls and email inquiries during business hours within two hours of receipt. The law firm is equipped with more than adequate space to serve the City's needs including conference rooms, law library, computerized legal research, the necessary technology to conduct virtual meetings and court appearances, and convenient parking. 3. We promise to only represent the City of East Lansing and no other party in matters involving the City. We will not represent individuals who are employed and/or affiliated Page 105 of 315 with the City on personal legal issues except as explicitly authorized by the City. ln this fashion, we will strive to avoid even the appearance of any implopriety. 4. Within thirty da¡,s of receipt of all City files from your prior law hrm, we promise to perform a complete inventory of all existing cases, potential areas of concern, and insurance policies in order to advise you as to the current status of all legal matters. 5. We promise to advise you when we should not represent you. We believe that we are uniquely situated to provide the widest range of legal experlise to you at the fairest cost. Howevet, because we have signifrcant general litigation experience, we also realize that there may be times when some other attorney may be the best representative for you, When that is the case, we will tell you. After a review of your most recent City Attorney Services contract, we propose to provide legal services to you for a reduced annual total retainer fee of $516,000.00. The retainer would be paid in twelve instalhnents of $43,000.00 beginning on October 5,2020. This retainer fee would include all firm expenses other than any costs arising out of the transition from your prior law firm, any litigation related expenses incurred for City work (such as transcripts, witness fees, etc.), and any extraordinary expenses arising out of our work on your behalf. All suc¡ expenses would be billed to you on an itemized monthly basis per file. You will not be billed for routine miscellaneous expenses such as mileage, postage. non-litigation copying charges, legal periodicals, and long distance telephone charges. I. Members of the Firm Providing Sen'ices to You George NI. Brookover was bom and raised in East Lansing. His father was a professor at Michigan State University and also served on the East Lansing City Council and as Mayor of East Lansing. He is rnarried with two adult children and culrently resides in East Lansing. Mr. Brookover graduated in 1972 from Cornell University with a degree in Industrial and Labor Relations. He graduated from the University of Michigan Law School in 1975, after which he spent the hrst sixteen years of his legal career at the Lansing law f,rrm of Foster, Swift, Collins & Smith, P.C. During his time at that firm he became a shareholder and chairperson of the litigation deparlment, as well as continuing a practice in general litigation and employment relations. While at Foster, Swift, Collins & Smith, P.C. Mr. Brookover handled numerous insurance defense claims on behalf of various municipal entities throughout the State, as well as the defense of misdemeanor criminal matters. Mr. Brookover formed his own firm in East Lansing in 1991. He has continued to specialize in general litigation, ernployment, criminal misdemeanor defense, and govemmental law. Among other things, he was retained by the Lansing City Council in 1992 to investigate the pension "buy-out", has been General Counsel to the Greater Lansing Convention and Visitors Bureau since 2005, was General Counsel to the Ingham County Road Commission from 2007 to 2012 (when the Road Commission was disbanded by the County), has represented the 54-B District Court, City of East Lansing, 30th Circuit Court, Lansing Community College, and Page 106 of 315 Sparrow Health System on employlnent, risk management, and governmental issues and has successfully represented numerous individuals with regard to Freedom of Infonnation Act and Open Meetings Act issues before the circuit courls and the Michigan Coufl of Appeals. During the course of his career Mr. Blookover has also been involved in contract drafting, interpretation, and negotiation as well as maintaining a continuing practice representing private parties in municipal planning and zoning issues. Mr. Brookover has practiced election law before the Michigan Couft of Appeals, the Michigan Supreme Coufi, the United States Federal District Courl, and the Michigan State Board of Canrrassers. Mr. Brookover has also practiced annexation and detachment lau,in the Ingham County Circuit courts. Mr. Brookover was admitted to the Michigan Bar on October 20, 1975 (P25391). He is admitted to practice before all state and federal courts and administrative agencies including the United States Supreme Courl. For years he has served as a mediator in hrgham County on the Tofi, Commercial and Employment panels, as well as acting as a mediator in Eaton County. Mr. Brookorrer has served as a board member in numelous communify, otganizations. Of specihc interest is that he served one term on the East Lansing Housing and Community Development Commission, two terms as a member of the East Lansing Planning Commission, inclr-rding one yeal as chairperson. and two terms on the East Lansing School Board, inclucling three years as board presiclent. Nathan P. Boerma has been employed as an associate attorney at George Brookover, P.C. for over tu¡o years. During that tirne period he has represented clients in a variety of legal matters including, but not limited to, misdemeanor criminal defense. employment, landlord-tenant law, East Lansing and Lansing city ordinances, zoning, marihuana lar,v, Michigan FOIA, Title iX federal and state due process claims, and personal injury. Mr, Boetma graduated fi'om Michigan State University with a degree in Political Science rrVestem in 2008 and from the Michigan University Thomas M. Cooley Law School in 2017. He lesides in Lansing with his wife, who is a teacher in the Holt Public Schools, and their young son. Should the City contract for our services, Mr. Boerma will join Mr. Brookover and Ms. Masih (see below) in the prosecution of all District Courl claims brought on behalf of the City. Mr. Boerma was admitted to the Michigan Bar on May 14, 2018 (P82434). He is admitted to the Easteu District and Western District Federal Courts of Michigan, William R. Schulz resides in East Lansing and will join the law firm in an "of counsel" position to assist in representation of the City in any and all civil litigation as well as in legal advice and counseling to the City. Page 107 of 315 Mr. Schulz gladuated fi'onr Northern Illinois Universi¡, u,itir dual degrees in Management and Finance in 1975 and fron the University of lllinois College of Law jnI97B where he was a member of the Law Review. Mr. Schulz has had a distinguishecl career as an attorney, counselor and litigator. He spent approximately thirty years at the local law firm of Foster, Swift, Collins & Smith, p,C. where he was a shareholder and specialized in civil litigation including defending governmental agencies and school districts and advising on risk management issues. During that time period he tried over 125jury trials. Subsequent to his tenure at Foster, Swift, Collins & Smith, P.C., Mr. Schulz became Vice President for litigation for Jackson National Life Insurance Company in Lansing from late 2006 until May 2019 when he retired. Among other things, in this role he managecl outside legal counsel and in-house attorneys, negotiated business contracts, and worked with actuaries and information technology teams in efforts to avoid and manage litigation against the Company. Mr. Schulz was admitted to the Michigan Bar on November 8, 1978 (p29147) and is admitted to practice before all state and federal couls. Kellv S. Masih resides in Okemos, Michigan with her husband and three children and will join the law firm in an "of cotulsel" position to assist in prosecution of all City of East Lansi¡g Distlict Cotlfi matters. Ms. N4asih grew up in Lansing and graduated fi'om Michigan State Universitl'Llman Briggs College with honor's in 1999. She thereafter attendecl Osteopathic School at Michigan State University for two years belore deciding to pru'sue a law degree r¡,hich shereceivedfromtheUniversityofÀ4iamiSchoolofLarvin2003. SheisconversantinSpanish. Ms. Masih was a legal inteln u,ith the Deparlment of Homeland Securitl, i¡ 2003 ancl thereafter became an associate attorney at Kitch Drutchas Wagner Denarclis and Valitutti in Okemos for one yeal before becoming an assistant prosecuting attorneS, i¡ Ingham County between 2005 and 2007, After taking time off to raise her young children she returned to the practice of law in2019 acting as mediator for the Greater Lansing Boarcl of Realtors. Ms. Masih was admitted to the Michigan Bar on July 20,2004 (P67133). Her applications seeking admission to all federal courts in Michigan as required by the RFp ar.e curently pending. If the law firm is awarded the contract with the City, Ms. Masih will be part of the firm team which willprosecute all City actions in the 54-B District Court. Dennis A. Swan resides in Okemos, Michigan after retiring as President and CEO of Spamow Flealth System in early 2019. Mr. Swan graduated from Western Michigan University in 1969 arñ received his law degree with honors fi'om Thomas M. Cooley Law School in 1985. After initially beginning his career in banking, Mr. Swan was subsequently Vice President of Hunan Resources at Sparrow and then Senior Vice President and Chief Operating Page 108 of 315 Ofhcer at Sparrow. He assumed the role of President and CEO of the Sparrorv Heaith S),stem in 2004 and continued in that role until retìrement. During his many years in Spanow Health System, Mr. Swan applied his legal knowledge in a myriad of ways including, but not limited to, extensive experience in negotiations, contracts and litigation management, direction of, and final authority on all health system litigation (2004- 2018), real estate acquisitions, risk management, budgetary planning, advice and counsel to the governing board, and long term strategic analysis. During his career, Mr. Swan has been involved in numerous civic and professional organizations including being a former Chair of the Capital Area United Way, former Chair of the Michigan Hospital Association, former Chair of Caymich (Off-Shore Professional Liability Insurance Company), founder and former Chair of Affirmant, a multi-health system population health collaborative, and former Chair of the Lansing Economic Area Partnership. Mr. Swan will join the law fim in an "of counsel" position in older to assist Mr. Brookover in advising the City administration and City Council as necessary relative to strategic planning, budgetary effects of legal decisions, and legal advice and counseling. Mr'. Swan was admitted to the Michigan Bar on November 20, 1985 (P38225). FIis applications seeking admission to the federal courls in Michigan ale pencling. II. A Note Reqarding Scope of Services This lau' firm assumes that the City will recerve nlrmel'ous responses frorl excellent law fìrms each of whonr u,ill be eqLripped to undertake representation of the City. As suggested above, only George Brookover, P.c. offers you the following: 1. Unnatched current and past knou,ledge of the City of East Lansing, its citizens, ancl the local courl systern. 2. A team of attorneys well-versed in all aspects of civil ancl criminal litigation as well as risk management. 3. Years of experience interacting with and representing governmental agencies in all areas encompassed in your "Scope ofServices" on pp. 13-14 ofyour RFp. 4. Accessibility. 5. As a result of the experience of Mr. Su,an, Mr. Schulz, and Mr. Brookover, the ability to contact, retain, and supervise any additional attorneys needed for special projects. 6. Unmatched knowledge and experience dealing with goveürmental commissions and boards, as well as private corporate boards. 7. Highly competitive legal fees for services offered, III. Certifications Pursuant to pp. 4-5 and pp. 7-9 oT your RFP "lnstructions," the law finn further certifies as follows: Page 109 of 315 L The firrn hereby agrees that, before executing any subcontract to perfom work which is within the scope of services identif,red by the RFP, the successful bidder (Contr.actor) shall obtain prior approval of the City Council. 2. The firm hereby agrees that any renewal of an accepted proposal requires City Council reauthorization. a J. The firm hereby agrees that any contract for legal services may be terminated at the will of the City Council upon 60 days' notice. 4. The f,rrm hereby agrees to the city scope of v/ork and Specihcations. 5. The f,rrm hereby agrees that any contract for legal services shall be solely for the benefit of the people of the City of East Lansing, East Lansing residents, the City Council of East Lansing, East Lansing govemment and the Provider of Services, that such contract is not made for the benefit of any third party, and that no action or defense may be founded upon any such contract except by the parties to such contract. 6. The firm hereby agrees to all "Additional City of East Lansing Contract Requirements" contained at pp. 7 -9 of the RFP "Instructions." IV. References Ms. Diane R. Goddeeris Fornrer Mayor, Citl' s¡ East Lansing (2011-2013) 1841 Brarnble Drive East Lansing, Mi 48823 (st7) 332-648e Ms. Julie Pingston President & CEO Greater Lansing Convention & Visitors Bureau 500 E. Michigan Avenue, Suite #180 Lansing, MI48912 (s17) 377-1412 Dr. Judi Brown Clarke Vice-President for Equity & Inclusion Chief Diversity Officer Stony Brook University 100 Nicolls Road Stony Brook, NY 11794 (5r7) 88t-6110 Former President, Lansing City Council (20I4-2017) Former Chairperson, Tri - County Re gional Planning commi ssio n (20 1 4 -20 I 7 ) Former Chairperson, Capital Area Michigan Works (2014-2017) Page 110 of 315 Mr. Joseph A. Guenther Former Chairperson, Ingham County Road Commission 1904 Schoolcraft Street Holt, MI 48842 (517) 2s6-8013 Dr. Lisa Webb-Sharpe Chief Operating Officer Peckham,Inc. 3510 Capital City Blvd. Lansing, MI48906 (517) 81 6-6247 Former Executive Vice President, Lansing Community College Ms. Elizabeth Z. Schweilzer Former Mayor, City of East Lansing (1989-1993) 1216Tanager Lane East Lansing, MI 48823 (slt) 337-0302 Hon. David L. Joldon (Retired) Former 54-B District Court Judge 506 Belmonte Circle East Lansing, MI 48823 (sr7)230-311s Ms. Carol Wood Courcil Member At-Large, Lansing City Council Executive Director of RSVP of Ingham, Eaton & Clinton Counties 1018 W. Lapeer Street Lansing, MI48915 (s17) 898-1e16 Hon. Lisa K, McCormick 30tl' Circuit Court Judge 313 W. Kalamazoo Street Lansing, MI48933 (s11) 483-6438 Page 111 of 315 Thank you for the opportunity to respond to your RFP for City Attorney Services. Should you or any member of the Cit¡' goutl.il have any questìons or need additional information, please let me know. Very truly yoLrs, GEORGE BROOKOVER, P.C. GMB/mab Enclosures Page 112 of 315 Exhibit I Page 113 of 315 RESOLUTION ADOPTED BY THE BOARD OF DIRECTORS OF GEORGE BROOKOVER, P.C. The following is a Resolution of the Board of Directors of George Brookover, p.C. adopted and binding on the Corporation pursuant to its Bylaws which were made effective on October t i, tggt. Resolution Authorizing Execution and submission of Attomey Services Contract Proposal to the City of East Lansing. Recitals A V/HEREAS, George Brookover, P.C. wishes to respond to a City of East Lansing RFP for City Attorney Services. B. WHEREAS, in order to effectuate such response, it is necessary for the Corporation to authoúze the execution of such Response. C. WHEREAS, the Board of Directors finds it in the best interests of the Corporation to autholize its President to execute such Response. Resolutions President/Shareholder George M. Brookover is hereby authorized to execute any aud all necessary Response and other documents in order to effectuate a Response io the RFP for city Attorney Services promulgated by the city of East Lansing. ) President Brookover is further authorized and empowered for and on behalf of the Corporation to do any and all acts and things and execute any and all additional instruments, papers, or documents that may be or become necessary, desirable, or appropriate to carry out, pttt into effect, and make operative any portion or portions of these resolutions. ATTEST: MARY A BRODIN NOTARY PUBLIC - STATE OF MICHIGAN COUNTY OF EATON My Commission Expires November 1,2025 Acting in the County of Page 114 of 315 Exhibit 2 Page 115 of 315 AGREEMENT FOR LEGAL SERVTCES THIS AGREEMENT made this 20rh day of September,2020, between the CITY COUNCIL OF THE CITY OF EAST LANSING, whose address is 410 Abbot Road, East Lansing. Michigan 48823 (the "Council"), and George M. Brookover (the "City Attorney") of GEORGE BROOKOVER, P.C., (the "Law Firm"), whose address is 1005 Abbot Road, East Lansing, Michigan 48823 (hereinafter "the City Attorney" and also collectively as the "Law Firm"). RECITALS V/HEREAS, the City of East Lansing is a home rule city organized by Charter, which provides at $7.1 for the office of City Attorney who may be retained by the City Council by written contract to perform the duties and responsibilities described at $7.6 of the Charter; and WHEREAS, the City Council makes this Agreement for the purpose of retaining the City Attorney and further to provide for legal services to the City. THE PARTIES THEREFORE AGREE: 1.0 APPOINTMBNT OF CITY ATTORNEY. Lt The City Council appoints George M. Brookover as its City Attorney, pursuant to $7.1 of its Charter. 1.2 The City Attorney may appoint Assistant City Attorneys as necessary to perform his duties and responsibilities. Member of the Law Firm may appear as Assistant City Attorneys as designated by the City Attorney. 1.3 The City Attomey accepts the appointment, committing to perform his legal duties to the best of his abilities and in accordance with the highest standards of the legal profession, both as to standards of law practice and the ethics and rules of professional conduct. 1.4 This contract for services shall be solely for the benefit of the City Council of East Lansing, East Lansing residents, East Lansing government and the Provider of Services; that it is not made for the beneht of any third party; and that no action or defense may be founded upon any contract except by the parties hereto. 2.0 COMPENSATION F'OR SERVICES. 2.1 Compensation shall be by annual retainer in the amount of Five Hundred Sixteen Thousand Dollars ($516,000.00). The retainer shall be paid at the rate of Forty- Three Thousand Dollars (543,000.00) per month, payable to the Law Firm on or before the fifth day of each month. No additional compensation shall be due to Page 116 of 315 the City Attorney and Assistant City Attorneys by virtue of their appointment made pursuant to this Agreement except as otherwise herein provided. 2.2 All billings for alternative services apart from the retainer are to be calculated in tenths of an hour, rounding up. The parties agree that the fees and expenses for such alternative representation of the City in the event of special retained counsel shall not be deducted from the retainer or the fees of the Law Firm. The parties agree that in the event of a conflict of interest which requires the withdrawal of the representation of the City Attorney or an Assistant City Attomey on any matter affecting the City, the City Council may appoint a Special Assistant City Attorney who shall represent the City and report directly to the City Council on the matter. For conflicts involving the prosecution of routine district court misdemeanor or civil infraction offenses, the City Council may approve specific persons or firms to handle such matters and the City Attorney may refer such cases directly to the identified person or firm with notification of the referral to City Council. 3.0 TERM AND TERMINATION. 3.1 The term of this Agreement is one (l) year, beginning October 1,2020 and ending September 30, 2021. Renewal of any contract requires City Council reauthorization. 3.2 Either party reserves the right to terminate this Agreement on 60 days written notice or in the event of a material breach of the terms and conditions hereof by the other. In the event of a material breach by the City, the contract may be terminated 2l days after the City Manager is served with a notice of the breach if the City has failed to cure the breach. In the event of a material breach by the City Attorney, the contract may be terminated 2l days after service of a notice of the breach on the City Attorney if the City Attorney has failed to cure the breach. J.J Notwithstanding the above provisions, the City Attorney shall serve at the pleasure of the Council, the City Charter concerning the appointment of the City Attorney shall prevail, and nothing herein is intended to abrogate those provision. 4.0 DESCRIPTION OF SERVICES; COMPENSATION. 4.1 SERVICES TO BE INCLUDED IN THE RETAINER. 4.1.1 Attendance at all regular and special City Council meetings as required by the Council. 4.1.2 Attendance, as needed and directed by the City Manager or the Council, at meetings of the City's Boards and Commissions. Page 117 of 315 4.1.3 The rendering of legal advice and opinions, preparation and drafting services in connection with the City Charter or Charter revisions/amendments, preparation and drafting of legal documents, drafting or review and approval of all contracts, handling of tort and other liability claims, handling of all collections including personal property tax collections, advice to City Assessor and Board of Review on assessment issues and exemptions, drafting of ordinances and resolutions, and consultation on City matters with the City Council, City Manager, department heads, and City boards and commissions. 4.1.4 Directing, processing and appearance in court for the prosecution of all ordinance violations, including civil infractions and enforcement of civil ordinances including, but not limited to, issuing search warrants, drafting complaints and warrants, subpoenas, trial preparation, appearance at arraignments, pleas, pretrial conferences, formal hearings on all civil infractions, and all bench trials as well as District Court Housing Trials including authorization of citations, appearances at all trials, hearings, and/or civil infraction formal hearings on all housing violations, including over-occupancy, overcrowding, and illegal use of space, and housing related Building and Zoning Code violations. 4.1.5 Advice on labor relations and personnel matters as requested by the City Manager. 4.1.6 Work associated with bond issues if authorized by City Counci[, except for the duties traditionally required of Bond Counsel. 4.1.7 Drafting and review of easements, rights-of-way, real estate transactions, and condemnation proceedings prior to litigation. 4.1.8 Provide advice to staff and City boards and commissions with regard to issuance, suspension, and revocation of rental housing licenses, liquor licenses, and other occupational licenses. Representation of City interests before boards, commissions, and state agencies on issues and appeals regarding suspension, revocation, or a non-renewal of housing, liquor, building, historic district, or other occupational licenses. 4.1.9 Services of the type described in $4.1.1 through 94.1.8 above rendered in connection with Authorities or other entities associated with the City regardless of the funding source. Such bodies include, but are not limited to, Economic Development Corporation, Brownfield Redevelopment Authority, and Local Development F inance Authority. 4.2 ADDITIONAL SERVICES COVERED BY THIS AGREEMENT. 4.2.1 Representation of the City in all cases before all courts and before all legally constituted tribunals or administrative agencies on behalf of and representing the Page 118 of 315 City or one of its authorities, agencies, or employees. The fees for these services and further explanation of the services are stated in Schedule I to this Agreement. 4.3 SERVICES NOT COVERED BY THIS AGREEMENT 4.3.1 The retainer does not cover specialized legal services by others including special labor counsel and bond counsel. 4.3.2 The retainer does not cover services by other lawyers retained by Council because of conflicts described in Section 2.2. 5.0 GENERAL CONDITIONS. 5.1 COORDINATION. Except in the case of a conflict of interest, the City Attorney shall coordinate the services of the Assistant City Attorneys and, if authorized by City Council, Special Assistant City Attorneys on City matters. All requests for legal services by department heads, staff, and City boards and commissions shall be approved pursuant to guidelines approved by City Council. 5.2 PERFORMANCE AND LITIGATION R-EVIEW. The City Attorney will meet quarterly with the City Council in Closed Session to consider the personnel evaluation of the City Attorney (the City Attorney may request a closed hearing for this purpose). The City Attorney shall meet quarlerly or more often as necessary to discuss any attorney-client privileged communications on the activities initiated at the request of the City Council or at the request of the City Manager or staff in accord with City Council Cuidelines, as well as to review litigation policies and practices with respect to code enforcement and police prosecutions, and to review and discuss litigation strategy and the progress of pending Iitigation. 5.3 COSTSÆXPENSES. The costs and expenses separately bilted shall only include any litigation related items such as recording fees, filing fees, motion fees, witness fees, transcript expenses, copies, expert witness fees, court repofter fees, and similar expenses. 5.4 BILLINGS AND COMPBNSATION. Payment of retainer shall be made on a monthly basis on or before the fifth day of each month. Billings for any alternative legal services charged on an hourly basis shall include detailed information regarding time expended by classification and by task, as well as information regarding such items as mileage, materials, and other non-overhead costs. In such alternative legal services, the Attorneys shall maintain records of time and services, which shall be available for inspection by the City Manager and/or the Council at reasonable times. 5.5 INDEPENDENT CONTRACTORS. The City Attorney and any Assistant City Attorneys appointed by the City Attorney are not and shall not be considered Page 119 of 315 subcontractors or employees of the City and have no authority to bind the City in any manner. City Attorney shall be solely responsible for the withholding and reporting of all federal, state, and local income and employment taxes. City Attorney acknowledges that it is not insured in any manner through the City for any bodily injury, personal injury, or property loss whatsoever. 5.6 LIABILITY INSURANCE. The City Attorney shall obtain and maintain in full force and effect during the entire term of this Agreement a policy of comprehensive general tiability insurance, including professional errors and omissions, with limits of liability of not less than $1,000,000.00 and workers disability compensation insurance in compliance with Michigan's statutory limits, and shall provide a certificate of insurance to the City naming the City as a certificate holder, which certificate shall provide that the City shall receive at least 30 days prior written notice of cancellation or nonrenewal of such insurance. 5.7 SUPPLIES. Generally, the Law Firm shall have its own supplies and office equipment. On occasion, City supplies will be required for City services, and with the approval of the City Manager, and by his authority, the City will furnish same at its expense. By way of example, City stationery, if required, will normally be supplied by the City. 5.8 CONFLICTS OF INTEREST. The City Attorney and any Assistant City Attorneys agree to exercise their best efforts to avoid representation of any person, pafty, or entity in any cause contrary To the interest of the City. The City Attorney and the Assistant City Attorneys shall absolutely desist from representing any private person or entity on any matter in which the City is or may become an opposing party. The parties understand that the City Attorney currently represents a number of clients including businesses, private pafties, and municipalities. Where a potential conflict of interest because of such representation may occur, the parties shall proceed as follows: 5.8.1 For conflicts involving the prosecution of routine district court misdemeanor or civil infraction offenses, the City Attorney may identify the conflict and refer such cases directly to the City Council approved persons or firms to handle such matters with notifìcation of the referralto City Council. 5.8.2 In cases other than routine district couft prosecutions, in the event of a potential conflict of interest, the City Attorney shall identify the conflict and inform both parties in writing identifying the potential cause of conflict. The City Council shall determine whether the conflict is material and, if it determines that it is not, will instruct the City Attomey to continue representation of the City. Provided, however, the City Attorney and the Law Firm may determine that the conflict cannot be overcome and advise the City Council accordingly, taking steps to assist in obtaining alternative representation of the City and of the other party. Page 120 of 315 s.8.3 In the event the City Council determines that the conflict is material, the City Council shall so inform the City Attorney and the City Attorney shall assist the City Council and the other party in obtaining alternative representation for that matter. 5.8.4 In the event the City Council authorizes the City Attorney to continue representation of the City in the manner, the City Attorney shall do so in such a manner as to avoid disclosure of confidential communications to any member of the law firm representing the other party and the City Attorney shall not represent the other party in connection with that matter. 5.8.5 The city Attorney especially commits not to represent any party against the city in any matter of litigation. 5.8.6 Notwithstanding the above, the City Attorney and Assistant City Attorneys shall act in accordance with the letter and spirit of the Michigan Rules of Professional conduct as adopted by the Michigan Supreme Court as they apply to any matter involving a conflict of interest or potential conflict of interest. 5.9 crv[ RIGHTS ORDINANCE. The city Attorney agrees that his law office will comply with the city's civil Rights ordinance, Article II, chapter 22 or ilte code of the city of East Lansing, which in part requires that an employer not discriminate against any employee or applicant for employment with respect to hire, tenure, terms, conditions, or privileges of employment including benefit plan or system, or a matter directly or indirectly related to employment because of religion, race, color, national origin, age, sex, height, weight, marital status, sexual orientation, gender identity or expression, student status, because ofthe use by an individual of adaptive devices or aids, or because of an arrest record when a conviction did not result, except as allowed under Section22-33(b)(6) of chapter 22. Furthel the City Attorney agrees that his office will not discriminate on the basis of marital status, sexual orientation, or gender identity or expression by failing to provide employment benefits for employees with domestic partners that it otherwise provides for the spouse of a married employee. These requirements of Article II, chapter 22, shall be considered material terms of this Agreement, and breach of any of these requirements will be regarded as a material breach of this Agreement. 5.10 LIMTTATION oF'' LIABILITY. Except for indemnification pursuant to this Agreement, neither party shall be liable to the other, or any of their respective agents, representatives, or employees for any lost revenue, lost profits, loss of technology, rights or services, incidental, punitive, indirect, special or consequential damages, loss of data, or interruption or loss of use of service, even I advised of the possibility of such damages, whether under theory of contract, tort (including negligence), strict liability or otherwise. Page 121 of 315 5.1 I INDEMNITY. The City Attomey shall, to the fullest extent permitted by law, defend, indemnify and hold harmless the city, and its elected and appointed officers, agents, servants, and employees from an and al claims, damages, losses, expenses, liability, judgment, or liens, including reasonable attorney fees and other costs of defense arising out of any errors or omissions (not explicitly or implicitly approved by the city) by the city Attorney or by anyone acting on their behalf under or in any matter connected with this Agreement. The City Attorney's obligations to indemnify the City shall survive the expiration, non- renewal, or termination of this Agreement. 5.12 NON-ASSIGNMENT. Except as set forth in Section 2.2, there shall be no authority on the part of the City Attorney to subcontract, assign, or otherwise dispose of any portion of the services to be performed without the prior written authorization of the City Council. In the event that the City Council authorizes a subcontract, assignment, or disposition, the City Attorney solely shall be responsible for managing, directing and paying the subcontractors or assignees, and the City shall have no obligations whatsoever toward said subcontractors or assignees. Consent to subcontract, assign, or otherwise dispose of any portion of this Agreement shall not be construed to relieve the City Attorney of any responsibility for the fulfillment of any contract entered into. 5.13 CRJMINAL BACKGROUND INVESTIGATION REQUIREMENT. The City Attorney agrees that there will be satisfactory completion of a criminal background investigation for all persons having access to City facilities under the contract. The City Attorney will be required to provide to the City a list of all employees and employees of subcontractors who are proposed to be working under any contract, as well as the results of background checks of those employees prior to City Council authorization of the subcontractor agreement. This list shall inclLrde the full name and date of birth of each employee, any aliases of each employee including maiden names, and shall differentiate between employees proposed to have access to secure areas of City Hall and those who will work in other areas of City facilities. Secure areas of City Hall are those areas utilized for the administration of criminaljustice and include: Dispatch, Jail, any portion of the Police Department, Probation Depaftment, and Courts. The City Attorney will investigate employees proposed to work under the contract using the Michigan Internet Criminal History Access Tool (ICHAT), the Michigan Sexual Offenders Registry and the Michigan Conections website. In addition, employees proposed to work under this Contract who will have access to secure areas of City Hall will also be subject to investigation through the Law Enforcement Informatio n Network (LEIN). The City Attorney or any employee of the City Attorney who have any felony convictions, misdemeanor convictions that involve crimes against persons, or drug offenses will not be allowed to work in any city of East Lansing facility. The City of East Lansing reserves the right to limit areas of access for individual Page 122 of 315 employees, to prohibit certain employees work in City facilities under the Contract, or to otherwise limit or eliminate any employee's access to any City facility or portion of City facility, based on information collected, as the City Council deems to be in its best interest. 6.0 scoPE oF woRK. The city Attorney hereby consents to the city Scope of Work and Specifications. 7.0 COUNTERPARTS. This Agreement may be executed in multiple counterparts. Any copy of this Agreement may be relied upon as the original. Amendments to this Agreement must be in writing on documents of equal dignity with this Agreement. 8.0 CONTINUITY/BENEFIT. In the event the Law Firm experiences the addition of personnel or there are changes in membership of the Law Firm, except as otherwise provided in this Agreement, this Agreement shall continue in effect unless such change adversely affects the representation of the City. The City Attorney and Assistant City Attorneys shall be members of the Law Firm. IN WITNESS WHERBOF, the parties execute this Agreement on September _,2020. CITY OF EAST LANSING By Aaron Stephens, Mayor By Jennifer Shuster, City Clerk GEORGB BROOKOVER, P.C. By George M. Brookover, City Attorney Page 123 of 315 Exhibit 3 Page 124 of 315 REQUEST FOR PROPOSALS City Attorney Services IuJy 24,2020 PROPOSAL & A\ryARI) The undersigned having become thoroughly familiar with and understanding all proposal documents attached hereto, agrees to provide the services as specified herein, for the total fees as stipulated herein, subject to negotiation. I hereby state that all of the information I have provided is true, accurate and complete. I hereby state that I have authority to submit this proposal which will become a binding contract if accepted by the City Council of the City of East Lansing. I hereby state that I have read, understand and agree to be bound by all of the terms of this proposal. Signature /u t9t-- Title President Print Name Georse M, Brookover Date Aueust 20. 2020 Firm Name George Brookover. P.C. Address 1005 Abbot Road East Lansins. Michisan 48823 Telephone No. (517\ 336-4300 Fax No. (517\ 336-4398 E-Mail g. brookover(â gmail. com Page 125 of 315 Exhibit 4 Page 126 of 315 I[nnøíng, frlitbigun ØÁ¿yøø6e,^tffi,9ÅÆt gfif*nar7;oryt*Dra of G¡0RGã ijî00K0VEiìz P*c. uterv úþ"flzd ru hftÅ, on úe dru 11TH fuyf oeTcräR 'U e1 ttt, cogtGrmtgt totfi' -{trt ú12, øullb .{cte {U îp, oo omzr¿/ed. ,Vn tet*notgt rrr¿utú .f Ánrr? Áswtt¿o szt ngt Ánn¿ a/,¿ øfu€¿ ú- Jbrrl f af& Øçáa"t'r,-,¿ u,ttrz4gzffatÅrg. úrÅ, 11TH dy f ccroBER 'U q1 Øn tt"* c & s-177 Page 127 of 315 CITY ATTORNEY SERVICES PROPOSAL FOR THE CITY OF EAST LANSING MICHAEL D. HOMIER 313 S. Washington Square, Lansing, MI 48933 517.371.8120; 1700 Beltline, N.E., Suite 200 Grand Rapids, MI 49525 616.726.2230 [email protected] FOSTERSWIFT.COM Page 128 of 315 Business Organization Founded in 1902, Foster Swift Collins & Smith, PC has operated as a Michigan professional corporation since 1989 (Please see Appendix A for Certificate of Good Standing). It is a full-service law firm with 93 attorneys. While we have a statewide presence with offices in Lansing, Southfield, Detroit, Holland, Grand Rapids, and St. Joseph, we are a local firm. Our attorneys and staff are very involved in their respective communities and we have deep roots in the East Lansing community. All of our attorneys are graduates of an American Bar Association accredited law school, are in good standing with the State Bar of Michigan and none have ever been disciplined. If offered the opportunity to serve the City of East Lansing, Michael Homier, the firm’s Municipal Practice Group leader will serve as the City Attorney. Mark Koerner and the other attorneys listed in this proposal may also provide their expertise and assistance in serving the legal needs of the City. While we can certainly have physical presence at meetings when desired, all of the firm's municipal attorneys have become highly skilled conducting legal business including public meetings using video meeting platforms including Zoom, GotoMeeting, MS Teams and WebEx. Technology allows the firm to harness all of its resources to deliver top notch legal services to the City no matter which of our offices it comes from and no matter what the issue may be. Thus, the City will have 93 highly skilled attorneys at its disposal for whatever challenges may come. Foster Swift's offices are located at: LANSING SOUTHFIELD 313 S. Washington Square 28411 Northwestern Highway Lansing MI 48933 Southfield, MI 48034 T: 517.371.8100 T: 248.539.9900 GRAND RAPIDS HOLLAND 1700 E. Beltline Ave NE – Suite 200 151 Central Ave – Suite 260 Grand Rapids MI 49525 Holland MI 49423 T: 616.726.2200 T: 616.796.2500 ST. JOSEPH DETROIT 800 Ship Street – Suite 105 333 W Fort Street – Suite 1100 St. Joseph, MI 49085 Detroit MI 48226 T: 269.983.1400 T: 248.785.4725 Foster Swift’s organizational infrastructure is designed and maintained with client service as the top priority. Attorneys from our dedicated Administrative and Municipal Law Group have an excellent reputation among public leaders, other counsel, and judges. Foster Swift is not a registered local or regional vendor with the City of East Lansing. City of East Lansing RFP Response 1 Page 129 of 315 Applicable Experience Firm Philosophy Everyone at Foster Swift is committed to providing comprehensive, results-oriented legal services to every client, whether a municipality, large or small business, non-profit organization, or an individual. We credit our success and growth to the firm’s adherence to our values of integrity, civility, hard work, camaraderie and commitment to our communities. Clients of all backgrounds, public and private, seek our assistance. For most of our municipal clients, we establish long-term relationships that span generations. They appreciate our ability and experience in handling sophisticated transactions, difficult litigation and complex municipal issues. This commitment to top-quality service is the foundation of our mission: To provide comprehensive, result-oriented legal services to each and every client. It also supports our firm’s core values. • Integrity. Upholding the moral and ethical principles of law and society • Professionalism. Treating people with respect, consideration and providing the highest level of client service • Skill. Priding ourselves in the collective ability to provide the level of expertise necessary in any legal scenario • Community. Taking an active role in advancing the quality of the area in which we work and live • Communication. Creating mutual understanding of our shared goal for client success Foster Swift is an equal opportunity employer and benefits from an active Diversity Committee comprised of attorneys, staff and administrators. We are proud to be one of the first of Michigan's "large law firms" to have selected a woman, municipal attorney Anne Seurynck, as firm president. Twenty-five percent of the firm attorneys are women and many serve in management roles including two members on the firm's Executive Committee and three practice group leaders. Our diversity and inclusion mission is to maintain an environment where everyone can succeed personally and professionally. We were honored in February 2018 to receive the 2017 Regional Diversity Award from the Lansing Economic Area Partnership (LEAP). Prior Work with the City of East Lansing Foster Swift has occasionally represented the City on specialty matters where outside counsel was required. Municipal Clients Foster Swift has served as general or special projects counsel to the following public entities in the last five years. The lists below do not include the 114 libraries and 20 utilities to which we have also provided counsel. Foster Swift is providing a list of its municipal clients for whom the firm’s representation is publicly known. The City may elect to contact these municipal clients. However, Foster Swift considers some content of contracts, billing statements and other client communications confidential and respectfully declines to provide such material without client consent. City of East Lansing RFP Response 2 Page 130 of 315 COUNTIES Macomb County Cass County Muskegon County Clinton County Newaygo County Eaton County Schoolcraft County Marquette County Van Buren County AUTHORITIES Ludington Mass Transit Authority Bay Area Transportation Authority Macomb County Executive Benton Harbor Brownfield Authority Marquette County Road Commission Berrien County Drain Commissioner Michigan Early Childhood Investment Corp Chelsea Area Fire Authority Michigan Economic Development Corp. Clinton County Road Commission Mt. Pleasant Housing Commission Delhi Township Downtown Development Authority Oakland County Road Comm. Delta Area Transit Authority Paint Creek Trailways Commission Evart Area Joint Fire Department Sanilac Transportation Corporation Genesee County Road Commission Saranac Housing Commission Greater Lapeer Transportation Authority Schoolcraft County Transit Authority Ingham County Treasurer Sims-Whitney Utilities Authority Interurban Transit Partnership (The Rapid) Thunder Bay Transportation Corporation Lansing Economic Development Corporation Western Townships Utilities Authority Livingston Essential Transportation Service Yates Dial-A-Ride LMAS District Health Department Luce County Ambulance Service CITIES City of Jackson City of Allen Park City of Kingsford City of East Lansing City of Lansing City of Cadillac City of Marquette City of East Grand Rapids City of Monroe City of Dewitt City of Mt. Pleasant City of Ecorse City of Niles City of Escanaba City of Norway City of Fenton City of Potterville City of Fremont City of Traverse City City of Gaylord City of Trenton City of Grand Rapids City of Wayland City of Houghton City of Grosse Pointe Shores VILLAGES Village of Mulliken Village of Berrien Springs Village of Northport Village of Eau Claire Village of Saranac Village of Fowler Village of Sunfield Village of L'Anse City of East Lansing RFP Response 3 Page 131 of 315 TOWNSHIPS L'Anse Township, Baraga County Almer Charter Township, Tuscola County Leelanau Township, Leelanau County Ann Arbor Charter Township, Washtenaw County Leroy Township, Ingham County Baraga Township, Baraga County Lincoln Charter Township, Berrien County Berrien Township, Berrien County Lincoln Township, Huron County Boardman Township, Kalkaska County Lyndon Township, Washtenaw County Brampton Township, Delta County Marion Township, Sanilac County Bridgehampton Township, Sanilac County Michigamme Township, Marquette County Brighton Township, Livingston County Millington Township, Tuscola County Brookfield Township, Eaton County Mt. Forest Township, Bay County Buchanan Township, Berrien County Mueller Township, Schoolcraft County Charter Township Of White Lake, Oakland County New Buffalo Township, Berrien County Chikaming Township, Berrien County Niles Charter Township, Berrien County Clayton Township, Arenac County Ogden Township, Lenawee County Coloma Charter Township, Berrien County Oronoko Charter Township, Berrien County Cooper Charter Township, Kalamazoo County Otisco Township, Ionia County Danby Township, Ionia County Port Sheldon Township, Ottawa County Deerfield Township, Lenawee County Portage Township, Mackinac County Denmark Township, Tuscola County Portland Township, Ionia County Easton Township, Ionia County Putnam Township, Livingston County Elkland Township, Tuscola County Riga Township, Lenawee County Ellington Township, Tuscola County Saugatuck Township, Allegan County Elmwood Township, Tuscola County Scio Township, Washtenaw County Fairfield Township, Shiawassee County Seney Township, Schoolcraft County Fruitport Charter Township, Muskegon County Sherman Township, Huron County Garden Township, Delta County South Haven Charter Township, Van Buren County Garfield Township, Bay County Suttons Bay Township, Leelanau County Handy Township, Livingston County Texas Township, Kalamazoo County Hartland Township, Livingston County Unadilla Township, Livingston County Hayes Township, Otsego County Vergennes Township, Kent County Holly Township, Oakland County Vermontville Township, Eaton County Hudson Township, Charlevoix County Westphalia Township, Clinton County Isabella Township, Isabella County Whitefish Township, Chippewa County Joyfield Township, Benzie County Whitney Township, Arenac County Juniata Township, Tuscola County Williamstown Township, Ingham County Lake Charter Township, Berrien County Departments and Specialties Foster Swift is organized into eight practice areas and has attorneys who specialize in each area. We also have attorneys who specialize in areas outside the scope of work to be performed for the City of East Lansing. Practice Areas: • Municipal and Public Entity • Business & Tax • Employer Services City of East Lansing RFP Response 4 Page 132 of 315 • Finance, Real Estate & Bankruptcy Law • General and Commercial Litigation • Health Care • Trusts & Estates • Workers' Compensation Scope of Services Experience Foster Swift's dedicated Administrative and Municipal Practice Group provides our clients with broad-based general counsel law services supporting our clients’ day-to-day requests, and we proactively inform, advise, and counsel our clients regarding new developments in the law. Foster Swift has a reputation as one of the premier municipal law firms in Michigan. The Administrative and Municipal Practice Group at Foster Swift consists of attorneys with over 150 years of collective experience representing villages, cities, townships, counties, libraries and other intergovernmental organizations in many roles. Because of its wide-ranging experience, the firm can efficiently anticipate and address the challenges that its municipal clients face. While clients have one point of contact for managing their matters, they can also draw upon the collective knowledge of a broad team of municipal attorneys, which eliminates the need to work with multiple firms and/or to subcontract work. General Counsel Foster Swift serves as the general counsel for many municipalities. In this role, our municipal attorneys are well versed in parliamentary procedure and the Open Meetings Act, regularly attend meetings, and provide general legal counsel during those meetings. In addition, our municipal attorneys assist by: • Attending Planning Commission and Zoning Board of Appeals meetings regularly or on an as-needed basis. • Preparing legal opinions on matters requested by the City. This function is often aided by our reference library of prior formal opinion letters. These opinions address questions of authority, statutory and ordinance construction, constitutionality of existing and proposed legislation, conflicts of interest and many other issues. • Counseling on Freedom of Information Act (FOIA) compliance issues. • Assisting with Open Meetings Act (OMA) procedure and analysis. • Reviewing, drafting, interpreting and enforcing ordinances, including nuisance, noise, wind energy, medical and adult use marijuana, public and private roads, signs, wetlands, adult businesses, liquor licenses, mobile home parks, water, sewer and flood plains. • Determining whether a public officer holds incompatible public offices or has a legal conflict of interest. • Conducting contract review and contract negotiations. (The role can be as simple as reviewing documents or as elaborate as heading up a negotiating team.) • Drafting and reviewing intergovernmental agreements and articles of incorporation for the formation of district libraries, fire authorities, sewer authorities and other intergovernmental cooperative entities. We understand that each agreement is unique and must fit the needs of our client and its partner communities. City of East Lansing RFP Response 5 Page 133 of 315 • Interpreting the Michigan Zoning Enabling Act, the Michigan Planning Enabling Act and other laws and regulations applicable to municipalities. • Providing counsel on all aspects of real estate transactions, including property abstract review, rendering title opinions, preparing deeds and easements, drafting sales agreements, reviewing all related documentation and advising on tax implications. • Addressing the legal issues involved with providing necessary services, such as water, sewer, police, fire, library and recreation services. • Assisting with the establishment and administration of historic districts, special assessment districts, Downtown Development Authorities, Brownfield Redevelopment Authorities, Corridor Improvement Authorities, and other municipal districts. We also counsel clients on funding such districts, including tax increment financing and special assessments. • Advising on METRO Act and uniform video services franchise issues. • Assisting clients with environmental law issues. • Drafting policies, including purchasing, FOIA, OMA, and record retention. • Preparing millage and ballot proposals. • Advising clients on election laws, including the Michigan Campaign Finance Act. Bond Counsel and Public Finance With over 35 years of prior public finance experience, Foster Swift municipal attorneys have represented townships, cities, counties and other public entities throughout the state. Currently, Foster Swift has ten attorneys listed in the "The Bond Buyer's Municipal Marketplace" (more commonly known as the "Red Book") listing of bond attorneys. We have assisted municipal bond issuers, underwriters, remarketing and placement agents, conduit borrowers, credit providers, banks and trustees in significant tax-exempt and taxable bond and note financings and refunding. Our broad expertise in this complex area of law allows Foster Swift attorneys to assist in planning for and financing of a wide array of projects, including: • public buildings and infrastructure; • parking facilities; • sewer and water systems; • roads, highways and toll roads; • tax-exempt computer and equipment leases; • solid waste disposal facilities; • libraries; • museums; • convention centers and hotels; • schools, charter schools and universities; • sports facilities; • hospitals, health care and congregate care facilities; Civil Litigation and Appeals Services Foster Swift has long been involved in matters of complex litigation on behalf of municipalities. In addition to land use and zoning litigation, Foster Swift attorneys frequently defend municipalities in cases involving municipal liability, workers’ compensation and negligence. A considerable portion of our litigation practice City of East Lansing RFP Response 6 Page 134 of 315 involves the representation of municipal governments in litigation involving civil rights claims, constitutional claims and governmental immunity. Foster Swift attorneys have successfully represented several municipalities against lawsuits alleging improper or defective public works construction. Foster Swift municipal attorneys have repeatedly and successfully handled appellate litigation for its municipal clients. For example, in the Michigan Supreme Court we successfully defended the right of municipalities to control road access to subdivisions and, in another case, upheld the right of a municipality to enforce its zoning ordinance against a County. Foster Swift’s record of success in the Courts is exemplary. Cybersecurity Cybersecurity and data protection are issues of increasing concern for municipalities. Regulatory noncompliance, financial and operational disruption, and legal and reputational damage are all real and growing risks for any organization that store and manage key data on networks that can be compromised by cybercriminals. We help clients understand and comply with the myriad state and federal statutes and regulations that implicate IT and cybersecurity issues, including Health Insurance Portability and Accountability Act (HIPAA), the Gramm- Leach-Bliley Act, the Telephone Consumer Protection Act (TCPA), CAN-SPAM, the Electronic Communications Privacy Act (ECPA), the Children’s Online Privacy Protection Act, the Fair Credit Reporting Act (FCRA), the Federal Trade Commission Act, Sarbanes-Oxley, and states' breach notification laws, to name a few. The members of our cybersecurity team have extensive experience counseling and advising clients in all aspects of cybersecurity and data protection. Because cybersecurity is a complex issue that requires an interdisciplinary approach, we team with outside information technology experts in connection with both prevention and breach response issues. Elected Officials Foster Swift has a long history of helping clients on laws and rules pertaining to federal and state lobbying, political contributions, political action committees and fundraising. The services of most interest to municipalities are reviewing ballot language for millage proposals and ensuring compliance with Michigan's election laws, in addition to assisting municipal clients during periods of elected official transition. Employment Law Services We strongly believe in a proactive approach to municipal employment relations. Proper policies and in-service training can improve employee morale, reduce miscommunication, and reduce potential liability from employment-related claims. Our practice is to work with our clients to address employment issues early when all may benefit from practical, as opposed to purely legal advice. Members of our employment practice group have written a series of books including, Guide for Employee Handbook Policies, HR Essential Guide from Hiring to Termination and the Wage and Hour Handbook for distribution by the Michigan State Chamber of Commerce. The firm's municipal attorneys have followed closely the myriad of legislation passed or amended by the Michigan legislature in past years and are well-equipped to answer questions and develop strategies to take advantage of the protections being afforded to municipalities. City of East Lansing RFP Response 7 Page 135 of 315 In regard to labor relations matters, our attorneys have successfully negotiated collective bargaining agreements with bargaining units of numerous public sector labor organizations. Additionally, we have represented management in numerous grievance arbitrations involving issues of employee discipline and contract interpretation. Unlike the private sector, many labor matters faced by public employers involve special statutes or unique public interest issues that require sensitivity. Through the years, Foster Swift attorneys have developed a unique ability to advocate on behalf of our public employer clients, while maintaining a reasoned perspective on public employer labor relations. In addition to our labor and employment law practice, Foster Swift maintains an extensive pension and employee benefits practice that has helped our municipal clients address changes in the law and be well prepared to bargain over employee benefits and provide general advice regarding employee health and retirement plans. This expertise has allowed Foster Swift attorneys to assess the financial impact of changes in employee benefits, particularly retiree health care issues, and to suggest changes that can offer or preserve coverage while managing costs and avoiding unfunded liabilities. Finally the firm has a Workers' Compensation team with over a century of combined experience defending workers' compensation claims. We aggressively represent employers, insurance carriers, group funds, and third- party administrators in all phases of the litigation process throughout the State of Michigan. Our clients include municipalities, businesses, employers with employees traveling through or injured in Michigan, and Michigan based employers conducting business throughout the world. When collateral issues arise, our clients benefit greatly from the instant access they have to other Foster Swift lawyers, who are experts in virtually every other legal discipline. Environmental Law As one of the first law firms in the state to develop an environmental practice, Foster Swift has advised clients and litigated a wide range of federal and state environmental matters. Foster Swift attorneys have advised municipalities on PFAS and PFOS, solid waste planning under Part 115 of the Natural Resources and Environmental Protection Act ("NREPA"), landfill contamination issues, and offered assistance in obtaining reimbursement of environmental response costs. Serving another need, Foster Swift attorneys have represented clients in matters involving permitting and licensing under the: • Hazardous Waste Management Act – Part 111 of NREPA. • Solid Waste Disposal Act – Part 115 of NREPA. • Michigan Water Resources Act – Part 31 of NREPA. • Michigan Air Pollution Control Act – Part 55 of NREPA. • Michigan Wetland Protection Act – Part 303 of NREPA. • Michigan Inland Lakes and Streams Act – Part 301 of NREPA. • Michigan Oil and Gas Act – Part 615 of NREPA. Foster Swift attorneys have worked with municipalities to address land use issues that may impact natural resources. For example, we have worked with municipalities to develop and enforce regulations for mineral extraction, on-site sewer systems, open space preservation, wetland preservation, and wind and solar energy. City of East Lansing RFP Response 8 Page 136 of 315 FOIA Foster Swift provides advice and counsel to public bodies regarding all aspects of Michigan’s Freedom of Information Act, 1976 PA 442 (“FOIA”). While public officials are often familiar with and receive training on the basics of FOIA, many FOIA requests involve more complex, nuanced, and sensitive issues that require careful consideration, and action. We help our clients respond to requests for public records in an appropriate, timely, and legally compliant manner, while maintaining the confidential nature of information, as appropriate. Our comprehensive FOIA services include: • Responding to requests for records. • Assisting with FOIA appeals. • Drafting and reviewing of FOIA policies and procedures. • Assisting in the resolution of FOIA disputes. • Representing public entities in litigation involving FOIA disputes and alleged violations. • Training officials on FOIA requirements, including what constitutes a "public record." The FOIA is designed to assist the public in gaining access to records and information from state and local governments and other public bodies. Foster Swift FOIA attorneys, through their long-standing experience representing these governments and public bodies, have the expertise to help clients uphold their obligations under the FOIA and navigate through the myriad issues that can arise. Growth Management Our attorneys have successfully assisted clients in managing the unique challenges and opportunities that accompany a growing community. For example, these include the formation of successful development agreements between a municipality and developer for a large big box mixed use commercial development. In addition, our attorneys have assisted municipal clients with regard to the use of Act 425 Agreements in lieu of annexation to promote healthy growth and development. Additionally, our municipal clients have great experience in the development of inter local agreements between municipalities to serve the health and welfare of the community in an efficient manner. Intellectual Property and Licensing Intellectual property (IP) rights can be one of an organization’s most valuable assets. However, too often these assets are under-protected and undefended. Obtaining successful outcomes for our clients is a three-part program of education, protection, and defense. Our attorneys have broad expertise in assisting clients in all phases to ensure their intellectual property is used properly and aggressively defended. For many clients, the key to this is a well-drafted and enforceable licensing contract providing for regular compliance monitoring. Land Use and Zoning Our reputation in land use matters is well known and respected. From annexation to zoning and everything in between, Foster Swift municipal attorneys have the knowledge and experience to advise clients to achieve a successful outcome. We have been directly involved in the following: City of East Lansing RFP Response 9 Page 137 of 315 • Drafting and reviewing master plans, zoning ordinances and amendments, wetlands regulations, land division ordinances, subdivision regulations, and site condominium ordinances. • Reviewing complex land division applications. • Drafting planned unit development (“PUD”) agreements and condominium documents. • Assisting with rezonings, including conditional rezoning. • Working with clients on growth management measures. • Counseling clients on variances, site plan approvals, and special use permits. • Preparing conservation easements and required open space preservation documents. • Assisting municipalities in navigating the creation of unique opportunities offered through the use of innovative Public-Private Partnerships (P3). Foster Swift attorneys also work closely with our clients to review specific proposed land developments, especially where the possibility of litigation is more likely. We have extensive experience in the litigation of land use disputes at both the trial and appellate court levels. For example, we successfully defended a zoning ordinance provision regarding the density of subdivisions to prevent overcrowding of a proposed subdivision. Matters before the Michigan Tax Tribunal The attorneys of Foster Swift are highly experienced in matters before the Michigan Tax Tribunal (“MTT”) involving property tax assessments and assessment appeals. Our expertise in this area is unparalleled and involves many significant residential, commercial and industrial appeals. For example, in the City of Lansing we successfully defended a $50 million dollar tax appeal in the Michigan Tax Tribunal where the petitioner challenged its property tax assessments. In addition to our work on tax and special assessment appeals, we provide advice on tax assessments, tax collections, and the establishment of special tax and assessment districts. We also provide advice on industrial facilities tax and other requested or claimed exemptions. Municipal Prosecution We recognize and appreciate that each municipality is unique and we will work closely with you to understand the City of East Lansing’s needs and policies for handling local ordinance prosecutions. We will tailor a streamlined system to manage cases specific to your values. Foster Swift attorneys are compassionate and communicate with crime victims to ensure their rights are protected during the prosecution process. Our attorneys are committed to developing and maintaining a good rapport with the judges and staff to keep cases running smoothly. One of the challenges facing municipalities is the efficient, economical and effective prosecution of local ordinance violations. Foster Swift attorneys have the necessary experience and knowledge to assist municipalities navigating through those challenges. For example, we have informed and assisted our clients regarding the benefits of utilizing cost recovery ordinances to help off-set the cost of prosecution; we have assisted in the creation, implementation and training of municipal civil infraction ordinances to resolve disputes and collect fines without using the court system, thereby saving time and money; and we work closely with court administration and staff to efficiently handle their case load with as few court dates as possible, thereby reducing court time for our attorneys and law enforcement. City of East Lansing RFP Response 10 Page 138 of 315 Open Meetings Act The Michigan Open Meetings Act (“OMA”) is meant to enhance transparency, but it can create confusion for public bodies. We often find that violations of the OMA are not intentional but may occur due to lack of knowledge about the law's requirements. Foster Swift helps public bodies and officials comply with the requirements of the OMA. Our comprehensive OMA services include: • Drafting and reviewing OMA policies and procedures. • Assisting in the resolution of OMA disputes. • Representing public bodies in litigation involving OMA disputes and alleged violations. • Training officials on OMA requirements. • Counseling clients with OMA questions. While the purpose of the OMA is clear, its application may not be straightforward. However, Foster Swift attorneys not only help public bodies and officials understand the law’s requirements but also put compliant processes and procedures in place. Further, we assist our clients in anticipating and resolving OMA issues before they become OMA disputes, helping to reduce strife between government and citizens, to save resources, and to mitigate risks from noncompliance. Foster Swift attorneys have been asked to speak at conferences regarding FOIA or OMA issues by the Michigan Municipal Clerks Association, the Michigan Association of Municipal Attorneys, the Michigan Township Association, the Michigan Library Association and the Michigan Municipal League. Public Services Foster Swift has significant experience working with clients to provide necessary and cost-effective city services. Whether these services are provided by the City, through intergovernmental agreements, or by participating in an authority, Foster Swift has assisted communities to meet their service goals and effectively work with police, fire and public works departments. Foster Swift municipal attorneys have helped many municipalities design and form "authorities" to administer services. Depending upon the circumstances and goals, the results have included improved service to residents, clearly defined management roles and responsibilities, sustainable funding, enhanced financial control, and risk management benefits. Further, Foster Swift has experience working through common problems that often arise in the provision of these necessary public services. Foster Swift worked with a city to dissolve a fire board and set up alternative fire service. Foster Swift also successfully negotiated a multi-jurisdictional sewer operating agreement as a precursor to a $22 million sewer expansion project, including key public financing components of the plan. Real Estate Foster Swift attorneys have a broad range of experience in successfully handling sophisticated transactions involving real property and construction, including land swaps and land acquisition for infrastructure planning and construction. Our transactional services include drafting and negotiating simple to complex purchase City of East Lansing RFP Response 11 Page 139 of 315 agreements, construction contracts, financing and lending documents, and resolving title, zoning, utilities, environmental and real estate tax issues. Our wide range of services, coupled with a passion for personal attention to our clients’ needs, have earned the Foster Swift real estate group a reputation for practical, results-oriented value to clients. Taxation Issues In addition to our property tax experience identified more fully in the Specialty Services Section, our attorneys advise cities on property owners’ requests for tax abatements, including requests for industrial facilities tax exemptions (IFTs), obsolete property rehabilitation exemptions, commercial rehabilitation exemptions, Payments in Lieu of Taxes (PILOTs), Low Income Housing Tax Credits (LIHTC) through the Michigan State Housing Development Authority, Neighborhood Enterprise Zones and Renaissance Zones, and other tax exemptions. Our attorneys are experienced in helping cities and other local taxing units collect delinquent property taxes. Among other things, we have assisted municipal clients with personal property seizures; jeopardy assessments; property tax foreclosures and forfeitures; deeds in lieu of foreclosure; civil actions for debt collection; garnishments and writs of execution to enforce civil judgments; disposition of tax foreclosed property; and representing local units in delinquent taxpayers’ bankruptcy proceedings. Water and Sewer Issues Our attorneys have extensive experience in drafting, interpreting, and amending water and sewer ordinances. They review existing ordinances and offer advice regarding suggested changes in light of weaknesses spotted, new legislation, or relevant court decisions. Our attorneys have successfully represented many municipal clients in the enforcement of water and sewer ordinances, including rate issues. In addition, Foster Swift successfully represented the City of Cadillac in a sewer contract dispute that reached the Michigan Supreme Court: Haring Charter Twp. v. City of Cadillac, 290 Mich. App. 728; 811 NW2d 74 (2010), aff'ed 490 Mich 987; 807 NW2d (2012). In that case, the sewer service contract between the city and two neighboring townships would expire by its terms on May 12, 2017. When the city informed the townships that it did not intend to renew the contract, the townships sued, arguing that the city was required to continue providing sewer service to the township for the "design life" of the sewer treatment system. This would mean that the city would be forced to serve the townships until at least 2052. The townships contended that allowing the city to terminate service on the expiration date would create a public health hazard and violate state law. The circuit court, Michigan Court of Appeals, and Michigan Supreme Court all rejected the townships' arguments and held in favor of our client, the city. As a result, the city was able to terminate the sewer service contract in accordance with its terms. Attorney Identification Foster Swift utilizes a team approach with all of our municipal clients, which allows each attorney in the municipal practice group the benefit of the collective decades of expertise our attorneys possess in handling municipal matters of varying degrees of complexity. If awarded this contract Mike Homier of our Grand Rapids office will be the City Attorney for the City of East Lansing. Mike will attend meetings as requested, receive all calls for assistance from the City and will draw upon his own expertise as well as the diverse expertise of our City of East Lansing RFP Response 12 Page 140 of 315 municipal team to provide the best quality service at a fixed price for the City for all general counsel matters. Based on the information provided in the RFP, the following individuals will most often assist Mike as needed: Name Address Jurisdiction MI Bar Admission Law School Date & P Number Michael Homier GRAND City Attorney and Date of Admission: Michigan State RAPIDS/LANSING General Municipal Nov 24, 1999 University 313 S. Washington Counsel, including Reg #: P60318 College of Law Square, Lansing MI land use and zoning, 48933 and 1700 E. public works, Beltline Ave NE – interlocal agreements, Suite 200 tax increment and Grand Rapids MI public finance, special 49525 assessments, property tax, and FOIA and OMA. Mark Koerner LANSING Assistant City Date of Admission: John Marshall 313 S. Washington Attorney and General May 20, 2004 Law School Square, Lansing MI Municipal Counsel, Reg #: P66864 48933 including public works and transportation. Leslie Dickinson GRAND RAPIDS General Municipal Date of Admission: University of 1700 E. Beltline Ave Counsel, including Nov 21, 2014 Notre Dame Law NE – Suite 200, Grand land use and zoning, Reg #: P78850 School Rapids MI 49525 and public works Robert Easterly LANSING Municipal Prosecution Date of Admission: Michigan State 313 S. Washington Nov 03, 2016 University Square, Lansing MI Reg #: P81043 College of Law 48933 Sarah Gabis SOUTHFIELD Municipal Prosecution Date of Admission: Loyola 28411 Northwestern Dec 03, 2004 University Highway, Southfield, Reg #: P67722 Chicago School MI 48034 of Law Laura Genovich GRAND RAPIDS General Municipal Date of Admission: Thomas M. 1700 E. Beltline Ave Counsel, including Dec 05, 2008 Cooley Law NE – Suite 200, Grand zoning and land use, Reg #: P72278 School Rapids MI 49525 ethics, election Law, FOIA and OMA, and property tax and exemptions Cliff Hammond LANSING/SOUTHFIELD Labor and Date of Admission: Widener 313 S. Washington Employment Law Jan 10,2001 University Square, Lansing MI Reg #: P62164 School of Law 48933 and 28411 Northwestern Highway, Southfield, MI 48034 City of East Lansing RFP Response 13 Page 141 of 315 Thomas Meagher LANSING Litigation Date of Admission: Wayne State 313 S. Washington Nov 09, 1981 University Law Square Reg #: P32959 School Lansing MI 48933 Anne Seurynck GRAND RAPIDS FOIA/OMA, millage, Date of Admission: University of 1700 E. Beltline Ave ordinance and policy Nov 08, 1996 Wisconsin Law NE – Suite 200 drafting. Reg #: P55524 School Grand Rapids MI 49525 Alexander Thibodeau GRAND RAPIDS General Municipal Date of Admission: Indiana 1700 E. Beltline Ave Counsel, including Nov 14, 2018 University NE – Suite 200 wireless Reg #: P82939 School of Law Grand Rapids MI communications and 49525 rights of way, and video franchise agreements Brent Titus LANSING Real Estate Date of Admission: Ohio State 313 S. Washington Nov 16,1984 University Square, Lansing MI Reg #: P37013 College of Law 48933 The bio for each of the above attorneys follows and can also be viewed on www.fosterswift.com. City of East Lansing RFP Response 14 Page 142 of 315 Michael D. Homier Shareholder . Grand Rapids 1700 East Beltline, N.E. Suite 200 Grand Rapids, MI 49525 Lansing 313 S. Washington Square Lansing, MI 48933 T: Grand Rapids 616.726.2230 Lansing 517.371.8120 F: 517.367.7120 [email protected]. . Mike Homier focuses his practice in the areas of municipal law, public PRACTICE AREAS finance, zoning and land use as well as related litigation. Mike serves Municipal Law as general counsel for municipalities throughout Michigan, and has extensive experience representing counties, cities, villages, Public Finance - Bond townships, libraries and municipal authorities facing a wide array of Zoning & Land Use different legal challenges. In this capacity, he regularly handles high Property Tax profile and sensitive issues. Commercial Litigation Distance is not an obstacle to providing efficient and effective services, as Mike and his colleagues address day-to-day legal needs Municipal Litigation through the use of the telephone, video-conference, email and the Renewable Energy Internet. EDUCATION Mike has successfully helped municipalities in the planning and regulation of many commercial and residential developments. In Michigan State University addition to his planning and zoning expertise, he has gained College of Law, J.D., 1999, magna cum laude significant experience in public finance and has served as issuer's counsel and bond counsel in several sophisticated projects. To keep University of Arizona, B.A., on the cutting edge of this ever-changing discipline, Mike is a 1995 member of the National Association of Bond Lawyers and is listed in the "Red Book." BAR AND COURT ADMISSIONS Mike is a skilled litigator who has extensive municipal litigation and Michigan prosecution experience. For many years, he was assigned as a special prosecutor by the Michigan Department of Labor and Economic U.S. District Court for the Western District of Michigan Growth prosecuting occupational code violations and currently serves as lead prosecutor for many of the firm's municipal clients. U.S. District Court for the Regardless of the type of litigation, Mike concentrates on obtaining Eastern District of Michigan client-driven results working closely with the municipality's U.S. Sixth Circuit Court of administration to obtain the best results at the lowest reasonable Appeals cost. U.S. Supreme Court HONORS & REPRESENTATIVE MATTERS RECOGNITIONS . Implementing a development and finance plan for BV® Distinguished™ improvements to two major roads that resulted in nearly $10 Martindale-Hubbell million of public improvements at no cost to the taxpayers, including as the Township's bond counsel for nearly $7 million City of East Lansing RFP Response 15 Page 143 of 315 of special assessment bonds. Former Member of Foster Swift Executive Committee . Negotiating and implementing an action plan to avoid substantial fines levied by the MDEQ for violating ground water discharge limitations. . Negotiating a settlement of zoning litigation on favorable terms that also extended sanitary sewer service to an adjacent subdivision at a substantial reduction in cost to the homeowners. . Getting involved in litigation arising from the Township's sewer expansion through the County Board of Public Works which had the effect of ending protracted and costly litigation. . Working with the Fire Chief to achieve a lower interest rate for financing the Township's aerial platform truck saving taxpayer dollars. SPEAKING ENGAGEMENTS Alternative Energy Regulation Tips, 2018 MTA Annual Conference: Michigan Townships Association, April 25, 2018 Drafting and Policing Developments, Developers and Development Agreements, 2018 MTA Annual Conference: Michigan Townships Association, April 24, 2018 Contracts, Agreements & Handshakes…Oh My! Township Supervisors’ Professional Development Retreat, July 27, 2017 Panel Discussion: Alternative Energy, Michigan Townships Association Annual Conference & Expo, April 11, 2017 Why Can't We Get Along?, Michigan Townships Association UP North Summit, June 8, 2016 Funding for Public Projects, Michigan Townships Association, April 26, 2016 Why Can't We Get Along? How to Avoid Legal Issues by Working Together, Michigan Townships Association Annual Educational Conference & Expo, January 20, 2016 Learning the Ins and Outs of Negotiating Contracts and Agreements, Michigan Townships Association The Art of the Deal Workshops, March 2015 Special Assessments: Risk or Reward?, Michigan Townships Association Annual Conference, January 29, 2015 Hot Topics in Zoning & Planning, Michigan Townships Association, Frankenmuth, Gaylord & Kalamazoo, July 2014 How Do You 'Regulate' What You Can't Regulate?, Michigan Townships Association, January 30, 2014 Septic Discharges: Shouldering the Burden, Michigan Townships Association, January 30, 2014 City of East Lansing RFP Response 16 Page 144 of 315 WEBINAR | Zoning and Land Use: What You Need to Know, Foster Swift Webinar Series for New Municipal Officials, February 12, 2013 PUBLICATIONS State Senate Bill Threatens to Undermine Existing Municipal Contracts, November 2018 Municipal Law News, November 12, 2018 Foster Swift Secures Major Victory for Almer and Ellington Townships in Lawsuits Brought by Wind Energy Company, November 2018 Municipal Law News, November 8, 2018 Can Your Community Get Connected to Broadband?, April 2018 Municipal Law News, April 24, 2018 What Else Can We Do for You?, Foster Swift Municipal Law News, April 30, 2015 Michigan Supreme Court Strikes Down Local Regulation of Medical Marijuana, Foster Swift Municipal Law News, March 24, 2014 2014 Property Tax Assessment, Foster Swift Business & Corporate Law Report, February 25, 2014 MEMBERSHIPS & AFFILIATIONS Legal Affiliations: . American Bar Association . State Bar of Michigan . Grand Rapids Bar Association . Ingham County Bar Association . ACADEMIC POSITION: Western Michigan University Thomas M. Cooley Law School, Adjunct Professor of Zoning and Land Use Planning Industry & Professional Associations: . National Association of Bond Lawyers . Michigan Association of Municipal Attorneys Community Involvement: . Caledonia Planning Commission, Former Member . Caledonia Zoning Board of Appeals, Former Member City of East Lansing RFP Response 17 Page 145 of 315 Mark T. Koerner Senior Attorney . 313 South Washington Square Lansing, MI 48933-2114 T: 517.371.8226 [email protected] . Whatever the legal question at hand, Mark Koerner has built a PRACTICE AREAS reputation of customizing his services to address the specific Business & Tax concerns of each client. He assists municipal entities (including Cybersecurity transit authorities and drain commissioners), businesses and IT clients in achieving their legal goals, developing their organizations Employment Law and minimizing risk. General Litigation Mark understands the unique challenges that clients face. On a daily Municipal & Public Entity basis, he works to find practical solutions to complex problems in Technology Law areas that include: . Transit: Mark has worked with many transportation authorities EDUCATION on a wide range of general operations matters, labor and John Marshall Law School, employment issues, contract drafting, review and negotiation, policy drafting and review, public financing, construction of J.D., 2000 new transit facilities and compliance with state and federal John Marshall Law School, laws. LL.M., 2000, Information Technology Law . Drain: Mark has provided legal counsel for numerous projects concerning establishment, construction and maintenance of Michigan State University, both county and inter-county drains. He has also represented B.A., 1996 Drain Commissioners in various flooding litigation matters. Additionally, several counties retain Mark to assist with the establishment of lake levels and creation of lake level special BAR AND COURT assessment districts. ADMISSIONS Illinois . General Counsel: Mark has extensive experience handling "general counsel" legal matters for public entities. He Michigan regularly attends board meetings, prepares legal opinions, U.S. District Court for the counsels on Freedom of Information Act and Open Meetings Western District of Michigan Act compliance issues and handles contract drafting, review and negotiations. U.S. District Court for the Eastern District of Michigan . Labor Law: Mark has counseled and represented clients in the negotiation and drafting of collective bargaining agreements, grievance defense, and mediation and arbitration. . Employment Law: Mark has experience helping employers understand their rights to exercise sound labor and employment practices, not only to protect the organization, but also the workforce. This includes but is not limited to drafting policy and procedure manuals and reviewing contracts. City of East Lansing RFP Response 18 Page 146 of 315 . General Litigation: While the goal is to minimize risk, Mark takes an aggressive and proactive approach to resolving litigation while being mindful of his clients’ desire for cost- effective representation. He has experience before the Michigan Court of Appeals and the Supreme Court of Michigan. . Business and Information Technology: Many organizations have found Mark’s knowledge of information technology and privacy law instrumental to helping them keep their assets secure. He has helped businesses with electronic discovery, e- commerce, software licensing, IT document drafting, health information privacy and many other areas of IT law. REPRESENTATIVE MATTERS Transit . Contract Drafting/Review/Negotiation; Reviews and revises various contracts, including, but not limited to: Interagency Agreements, facilities repair and maintenance agreements, purchase of service agreements, MDOT and FTA agreements; . Defense of FTA Complaints: Successfully defended an FTA complaint from a private charter operator as well as successfully defended an FTA complaint that a transit agency was providing school bus service in violation of the federal law; . Public financing for construction of new transit facilities; . Contract review and development related to the construction of new transit facilities; . Contract development for various transit-related issues including bus procurement, facilities repair, master plan development and vehicle service. Municipal . Issuing Legal Opinions: Regularly issues legal opinions on various issues including use of public funds, disposal of public property, weapons and the right to carry, and issues surrounding millages; . Legislative Updates and Review: Provides general legislative updates on a regular basis; . Freedom of Information Act Requests and Compliance: Regularly assists in responding to FOIA requests; . Open Meetings Act Compliance: Answers questions and assists with Open Meetings Act Compliance on a regular basis; and . Millage Issues: Regularly provides legal guidance concerning millages including drafting Board resolutions and millage language for ballots. Drain . Petitions drain projects pursuant to the Michigan Drain Code of 1956 as amended; City of East Lansing RFP Response 19 Page 147 of 315 . Establishes Lake Levels; . Defense of flooding litigation; and . Public financing for public Drain projects pursuant to the Michigan Drain Code of 1956 as amended. Employment . Labor/Employment Law: Handled grievances on behalf of a Charter Township; provided counseling during negotiations of a renewed collective bargaining agreement; negotiated and drafted new collective bargaining agreement for transit authority; Currently counsels with day-to-day employment issues for various transportation authority clients; and . Policy Drafting and Review: Review and revise employee policy manuals, operations and managerial procedures manuals and employment/job descriptions for various transit authorities. General Litigation . Provides General Corporate Counsel including business formation, contracts, mergers and acquisitions and real estate matters; . Litigation Avoidance Through Best Practices; and . Litigation/Alternative Dispute Resolution. Business . Provide General Counsel; and . Counsel on data security. SPEAKING ENGAGEMENTS Webinar Provides Tips for Businesses to Avoid Litigation, Foster Swift, June 25, 2020 Contracting in Public Projects, Construction Law for Public Projects Seminar: HalfMoon Education Inc., November 13, 2019 Advanced Fundamentals of Transit Management, Michigan Public Transit Association, August 1, 2019 Modules for Michigan Laws Concerning Public Transit, Michigan Public Transit Association, August 1, 2019 Modules for Michigan Laws Concerning Public Transit, Michigan Public Transit Association, June 6, 2019 Modules for Michigan Laws Concerning Public Transit, Michigan Public Transit Association, May 9, 2019 Understanding the General Law Village Act, Michigan Municipal League (Capital Conference & Annual Expo), March 19, 2019 PUBLICATIONS Executive Order 2020-15 Concerning OMA and COVID-19, Foster Swift Municipal Law News E-blast, March 19, 2020 City of East Lansing RFP Response 20 Page 148 of 315 MEMBERSHIPS & AFFILIATIONS Legal Affiliations: . Ingham County Bar Association . State Bar of Michigan . State Bar of Illinois City of East Lansing RFP Response 21 Page 149 of 315 Leslie A. Dickinson Associate . 1700 East Beltline, N.E. Suite 200 Grand Rapids, MI 49525-7044 T: 616.726.2232 F: 616.726.2299 [email protected] 1. . Leslie Dickinson is a member of Foster Swift's Municipal and General PRACTICE AREAS Litigation Practice Groups. Leslie advises the firm's public entity Municipal Prosecution clients including cities, townships, counties, villages, libraries and local health departments on compliance with applicable state and Municipal & Public Entity federal laws. Her representative matters include: General & Commercial Litigation . Municipal Prosecution - misdemeanor and civil infraction ordinance and code violations EDUCATION . Zoning, Planning and Land Use University of Notre Dame Law School, J.D., 2014 . Ordinance Drafting - police power and zoning ordinances University of Michigan, B.A., including regulations for medical marijuana, wind energy, 2011, with distinction, Political solar energy, short-term rentals, and broadband internet Science and Communication Studies . Freedom of Information Act (FOIA) and Open Meetings Act (OMA) Compliance BAR AND COURT . Inter-local Agreement Negotiation and Drafting ADMISSIONS Michigan In addition to her work with municipalities and local governments, Leslie also handles a wide range of commercial litigation matters U.S. District Court for the where she has represented businesses, health care entities, property Western District of Michigan owners and insurance companies. She also regularly handles U.S. Sixth Circuit Court of administrative appeals, such as from zoning ordinance interpretations Appeals or other administrative agencies. HONORS & Leslie is a graduate of the University of Michigan and Notre Dame Law RECOGNITIONS School where she received the Dean's Award in Notre Dame's 3 in 10 Award, Grand Rapids Bar Intensive Trial Advocacy Course. She was also selected to participate Association, 2020 in Notre Dame's Advanced Criminal Justice Externship where she represented criminal defendants charged with lower-level felonies. SPEAKING ENGAGEMENTS What the Heck is an SAD?, MTA Annual Conference & Expo, April 2019, April 3, 2019 Zoning Law Updates, Legal Institute - MTA Annual Conference & Expo, April 2019, April 1, 2019 OMA & FOIA Updates, Legal Institute - MTA Annual Expo, April 2018 City of East Lansing RFP Response 22 Page 150 of 315 PUBLICATIONS Supreme Court Expands Local Government's Ability to Regulate Zoning of Medical Marijuana Caregivers, Foster Swift Municipal Law News E-blast, April 28, 2020 Executive Order 2020-15 Concerning OMA and COVID-19, Foster Swift Municipal Law News E-blast, March 19, 2020 New amendments to the Michigan Fireworks Safety Act, Foster Swift Municipal Law News E-blast, January 23, 2019 The Opioid Crisis: Legal Updates on the Nationwide Lawsuit and How it May Affect Your Local Government, Foster Swift Municipal Law News, April 24, 2018 Township’s Decision Regarding Wind Energy Upheld in Federal Court, Foster Swift Municipal Law Newsletter, November 28, 2017 Nuts and Bolts of the New Medical Marihuana Facilities Licensing Act, Foster Swift Municipal Law News, April 14, 2017 U.S. Supreme Court Vacates Lower Court Decision Which Ruled Against High School’s Bathroom Policy for Transgender Students, Foster Swift School Law News, March 6, 2017 Municipalities now Prohibited from Banning Plastic Bags, Foster Swift Municipal Law News, January 3, 2017 Governor Snyder Signs Medical Marihuana Facilities Licensing Act, Foster Swift Municipal Law News, September 28, 2016 Election Law Updates and How They May Affect Your Local Government, Foster Swift Municipal Law News, January 26, 2016 Receivers in Divorce Cases, Michigan Bar Journal, July 2015 Solar Energy: A “Hot” Topic at the Local Level, Foster Swift Municipal Law News, March 30, 2015 MEMBERSHIPS & AFFILIATIONS Legal Affiliations: . State Bar of Michigan . Grand Rapids Bar Association . Women Lawyers Association of West Michigan . Member of the Board of Directors, Treasurer Community Involvement: . Grand Rapids Ballet Company . Member of the Board of Directors City of East Lansing RFP Response 23 Page 151 of 315 Robert A. Easterly Associate . 313 South Washington Square Lansing, MI 48933-2114 T: 517.371.8142 F: 517.371.8200 [email protected] 2. . Robert Easterly is a litigation and business attorney who utilizes PRACTICE AREAS creative thinking, zealous advocacy, and tireless work ethic to help General & Commercial clients solve problems and overcome challenges. Robert works with a Litigation broad range of clients, bringing intense focus and personalized attention to the engagement in order to achieve not only a positive Municipal Prosecution outcome, but value as well. Criminal Law Robert’s business practice focuses on helping startups and small Immigration Law businesses deal with the legal and business issues that arise during a business’ life cycle. He works with business clients to choose and EDUCATION form appropriate corporate entities, such as limited liability Michigan State University companies, partnerships, or S-corporations. He also advises business College of Law, J.D. 2016 clients in connection with real estate, in areas including site Washington State University, selection, lease negotiations, and contract drafting/review. Part of B.A. 2005 doing business is also dealing with disputes, and Robert assists clients in all aspects of litigation, from contract breaches to BAR AND COURT partnership disputes. ADMISSIONS Robert’s criminal defense experience spans a wide variety of Michigan matters, from minor misdemeanors to significant felonies. His U.S. District Court for the extensive knowledge of the inner workings of the criminal court Western District of Michigan systems, the complexities of the rules of criminal procedure, and the proclivities of the criminal justice system, gives clients an advantage HONORS & when their freedom is at stake. RECOGNITIONS Drawing from his previous career, Robert has created a niche Davis-Dunnings Bar Association Rising Star Award 2018 practice representing college students in criminal and student conduct matters. He has been particularly sought after by international student populations due to his knowledge and expertise in navigating between university policies, court systems and immigration issues. Prior to joining Foster Swift, Robert was a Youth and Family Advocate for Lansing Teen Court, a juvenile justice program that is a part of Child & Family Charities in the Capital Area. During his time there he provided direct screening, education, case management, advocacy, and referrals to adolescents and families, while also serving as the liaison to middle and high schools within the Lansing area. City of East Lansing RFP Response 24 Page 152 of 315 Robert also spent several years as a student affairs professional, serving as the Community Outreach Coordinator at Michigan State University, as well as the Coordinator of Intercultural Leadership Initiatives and Student Development within the Division of Student Affairs, Equity and Diversity at Washington State University. A dedicated member of his community, Robert is an active volunteer in several community organizations. He also currently serves as the vice president of the Davis-Dunnings Bar Association. Robert is originally from Toledo, Ohio and grew up in southern California and Seattle, Washington before moving to Michigan. He is a graduate of Washington State University with a Bachelor’s Degree in Communication and received his Juris Doctor from Michigan State University College of Law. SPEAKING ENGAGEMENTS The Impact of Immigration Issues on Criminal Defense Practices, Wolverine Bar Association ("WBA") and Institute of Continuing Legal Education ("ICLE"), October 23, 2018 The Impact of Immigration Issues on Criminal Defense Practices, Establishing Client Relationship, ICLE, Wolverine Bar Association, October 23, 2018 MEMBERSHIPS & AFFILIATIONS Legal Affiliations: . State Bar of Michigan, Board of Commissioners, District E . Davis-Dunnings Bar Association, President City of East Lansing RFP Response 25 Page 153 of 315 Sarah J. Gabis Senior Attorney . 28411 Northwestern Highway Suite 500 Southfield, MI 48034 T: 248-785-4744 [email protected] 3. . A member of the Municipal Practice Group, Sarah Gabis has over a PRACTICE AREAS decade of legal experience helping municipalities. Throughout her Administrative Law career, she has committed herself to helping public entities address the wide array of issues they regularly face, including zoning and land Freedom of Information Act use enforcement, Freedom of Information Act (FOIA) questions, Open General & Commercial Meeting Act (OMA) matters, intergovernmental agreements and sewer Litigation and water contractual issues and related litigation. A former state prosecutor, Sarah has vast experience in criminal law and procedure Municipal & Public Entity and has assisted several municipalities with municipal prosecution Municipal Law matters in the District Courts as well as appellate matters in the Circuit and Appellate Courts. During her time in Illinois, Sarah also Open Meetings Act assisted the City of Chicago as a member of the Law Department in Zoning & Land Use zoning enforcement matters. At Foster Swift, she assists public entities with a wide range of legal EDUCATION disputes including civil and criminal. Loyola University Chicago School of Law, J.D. 2004, Sarah earned her juris doctorate cum laude at Loyola University cum laude Chicago School of Law, earning a national championship as a Corboy Michigan State University, Mock Trial fellow, and accolades as a American Bar Association Moot B.S., 1997, Psychology Court competitor. Before attending law school, she completed her undergraduate and master’s degrees at Michigan State University in BAR AND COURT the areas of psychology and administrative social work. ADMISSIONS Michigan REPRESENTATIVE MATTERS Kentucky . Implementing a multi-million dollar special assessment district U.S. District Court for the with MDEQ and special federal financing for sewer system Eastern District of Michigan improvement and extension. U.S. District Court for the . Litigated through trial complex sewer treatment plant capacity Western District of Michigan suit involving issues of annexation. . As lead counsel for a municipality, litigated and successfully negotiated settlement of complex sewer treatment service breach of contract action between two municipalities and a school district. . Litigated to the Michigan Court of Appeals the enforcement of a zoning ordinance to prohibit the expansion of a non-conforming use and prevent the establishment of a marina on residentially zoned property. City of East Lansing RFP Response 26 Page 154 of 315 SPEAKING ENGAGEMENTS Cost Recovery Options (And Hurdles!), Michigan Township Association (MTA), Emerging Issues in Emergency Services, September 25, 2019 PUBLICATIONS Supreme Court Expands Local Government's Ability to Regulate Zoning of Medical Marijuana Caregivers, Foster Swift Municipal Law News E-blast, April 28, 2020 Governor Temporarily Suspends Certain FOIA Deadlines, Foster Swift Municipal Law News E-blast, April 6, 2020 Executive Order 2020-15 Concerning OMA and COVID-19, Foster Swift Municipal Law News E-blast, March 19, 2020 Is your Municipal Website ADA Compliant?, Foster Swift Municipal Law News, November 12, 2019 Zoning Cases to Watch, Foster Swift Municipal Law News, February 7, 2019 MEMBERSHIPS & AFFILIATIONS Legal Affiliations . State Bar of Michigan . State Bar of Illinois (In-Active) . State Bar of Kentucky . Oakland County Bar Association . US District Court for the Eastern and Western Districts of Michigan . ACADEMIC POSITION (Former): Thomas M. Cooley Law School, Adjunct Professor of NITA Trial Skills City of East Lansing RFP Response 27 Page 155 of 315 Laura J. Genovich Shareholder . 1700 East Beltline, N.E. Suite 200 Grand Rapids, MI 49525-7044 T: 616.726.2238 F: 616.726.2299 [email protected] . Laura Genovich practices commercial law, bankruptcy law, and PRACTICE AREAS municipal law in the firm's Grand Rapids office. She helps business Appellate Practice clients and public entities reach their goals and solve their problems in creative, collaborative, and cost-effective ways. Bankruptcy & Restructuring General & Commercial MUNICIPAL AND LAND USE LAW Litigation Laura works closely with municipal clients on issues related to zoning, Collections / Creditor - Debtor election law and campaign finance issues, Freedom of Information Act Rights (FOIA) and Open Meetings Act (OMA) compliance, labor/employment Municipal Law matters, real estate transactions, public finance, marijuana business Municipal & Public Entity regulation, and contract drafting and negotiation. She handles complex property tax appeals and has special expertise in property tax School Law Services exemptions and special assessments. Election & Campaign Finance Law Laura also works with both public entities and private clients Coronavirus Pandemic/Crisis (including developers) on land use matters, including development Support Task Force agreements, annexations, Act 425 agreements, and zoning approvals. Governmental Relations Laura is a seasoned litigator who has represented local governments Property Tax and private clients in both trial-level and appellate matters. She frequently handles appeals related to contracts, property disputes, Real Estate Development zoning and land use issues, special assessments, sewer and water Renewable Energy services, and other legal controversies. She has argued before the Zoning & Land Use United States Court of Appeals for the Sixth Circuit, the Michigan Court of Appeals, and has drafted many briefs in the Michigan EDUCATION Supreme Court. She also co-authored a merits-stage brief in the Supreme Court of the United States on behalf of a township client and Thomas M. Cooley Law School, filed numerous Michigan Supreme Court briefs on municipal law and J.D., 2008, summa cum laude property tax issues. Ohio University, B.S., 2005, summa cum laude, Laura handles both day-to-day legal questions and complex matters Communications for public entities, including: . Establishing and defending special assessment districts. BAR AND COURT ADMISSIONS . Reviewing ballot language for millage proposals and ensuring Michigan compliance with Michigan's election laws. U.S. District Court for the . Advising libraries, schools, and municipalities on compliance Western District of Michigan with FOIA and the Open Meetings Act. U.S. District Court for the City of East Lansing RFP Response 28 Page 156 of 315 . Handling property tax valuation and exemption matters, Eastern District of Michigan including taxable value "uncapping" disputes. U.S. Sixth Circuit Court of Appeals . Drafting zoning and police power ordinances, including regulations for medical marijuana, wind energy, gravel mining, and "tiny houses". HONORS & RECOGNITIONS . Representing public employers in arbitrations and administrative hearings (unfair labor practice disputes). Michigan Assessors Association’s (MAA) Michigan . Advising public bodies on state aid/public funding issues. Property Tax Achievement Award, 2017-2018 . Drafting simple or complex contracts to meet the client's Thomas M. Cooley Alumni needs, including independent contractor agreements, sewer Association Distinguished service contracts, and intergovernmental agreements under the Student Award Urban Cooperation Act. Best Lawyers in America® COMMERCIAL LITIGATION & BANKRUPTCY LAW 2018-2020 for Bankruptcy and Creditor Debtor Rights / Laura represents individuals and businesses in contract and collection Insolvency and Reorganization Law disputes in her commercial law practice, with a specialty in representing creditors and trustees in bankruptcy cases. Recognizing Pace National Environmental that litigation is rarely anyone’s first choice, Laura works with clients Law Moot Court Competition, National Quarter-Finalist to negotiate resolutions to make the best out of bad situations. When litigation is necessary, Laura vigorously fights for her clients' rights in State Bar of Michigan 1L Oral court. Laura has extensive experience in bankruptcy law where she Advocacy Competition - First Place helps secured lenders, businesses, farm co-ops, and other creditors protect their rights and maximize recovery when a borrower or "Top Lawyer", Grand Rapids customer files bankruptcy. Her experience includes defending creditors Magazine, 2019 in Bankruptcy and Creditor/Debtor Rights against preference demands by bankruptcy trustees, preparing and Law substantiating proofs of claims, filing actions in Bankruptcy Court to determine that certain debts are nondischargeable, obtaining relief Michigan Super Lawyers "Rising Star," Bankruptcy: from the automatic stay, and determining creditors' status as critical Business, 2012-2019 vendors, among other things. Additionally, Laura works with clients to negotiate credit agreements, collect debts, navigate workouts, and Grand Rapids Bar Association "3-in-10" Award, 2017 mitigate losses outside of bankruptcy. She has served as local counsel in state court and Bankruptcy Court for creditors across the country. Laura currently serves as a Chapter 7 and Chapter 12 bankruptcy trustee and has served as a Chapter 11 Examiner. WRITING AND SPEAKING Laura enjoys writing and speaking about the law. When a new case or statute impacts her clients, she is quick to share the breaking news and advice. Laura created and co-authors a blog about new bankruptcy cases (www.michbankruptcyblog.com) and regularly presents at bankruptcy law and municipal law seminars in addition to offering free webinars. She teachers legal writing as an adjunct professor at Western Michigan University Cooley Law School, and she serves on the Steering Committee of the Federal Bar Association's Bankruptcy Section as is a past chairperson. REPRESENTATIVE MATTERS . Represented bankruptcy trustee in corporate Chapter 7 case and filed more than 40 avoidance lawsuits against preference recipients, resulting in the recovery of more than $500,000 for City of East Lansing RFP Response 29 Page 157 of 315 the bankruptcy estate. . Served as co-counsel for township in taxpayer's appeal of more than $3 million in corrected and supplemental special assessments, which resulted in judgment favorable to the township. . Represented township in a local resident's Chapter 11 bankruptcy case to enforce township's zoning ordinance. . Represented creditor against trustee's demand for more than $170,000 in alleged preference payments. . Successfully defended public employer in arbitration, resulting in the denial of multiple grievances. SPEAKING ENGAGEMENTS Debtor's Bar of West Michigan 10th Annual Conference, West Michigan Chapter of the Federal Bar Association, January 20, 2020 Case Law Update, Federal Bar Association Bankruptcy Section, July 26, 2019 Marijuana - Up in Smoke, Federal Bar Association Bankruptcy Section, July 26, 2019 Working with Weed: How Marijuana Laws Will Affect Your Business, Old Town Commercial Association, May 20, 2019 Ethics Boot Camp, MTA Annual Conference & Expo, April 2019, April 3, 2019 Recent Bankruptcy Law Decisions and Current Consumer Bankruptcy Law Issues, ABI: Consumer Bankruptcy Conference, November 12, 2018 Current Chapter 13 and Chapter 7 Bankruptcy Topics and Issues, BANKRUPTCY BEST PRACTICES SEMINAR 2018, October 16, 2018 Alternative Energy Regulation Tips, 2018 MTA Annual Conference: Michigan Townships Association, April 25, 2018 Bankruptcy Best Practices Seminar, Office of the United States Trustee, December 13, 2017 Bankruptcy Case Law Update, Detroit Consumer Bankruptcy Conference: American Bankruptcy Institute, November 10, 2017 WEBINAR: Property Tax Exemptions: What Every Assessor Needs to Know Webinar, September 20, 2017 WEBINAR: Social Media Use by School Employees-From Worst Case Scenarios to Best Practices, April 26, 2017 Nuts and Bolts of Writing Contracts, 2017 Michigan Township Association Conference & Expo, April 12, 2017 Panel Discussion: Medical Marihuana, Michigan Townships Association Annual Conference & Expo, April 11, 2017 City of East Lansing RFP Response 30 Page 158 of 315 Medical Marijuana: What's Legal, What's Not, and What Can We Do?, Lake Charter Township Berrien, November 14, 2016 Bankruptcy Case Law Update, Federal Bar Association Bankruptcy Section, July 31, 2016 WEBINAR: Local Government Ethics, Michigan Municipal League, April 27, 2016 WEBINAR | Millage Proposals and Campaign Finance Issues, March 29, 2016 Recent Decisions Impacting Bankruptcy Practice in the Western District of Michigan, Federal Bar Association, August 1, 2015 What Every Treasurer Should Know About Bankruptcy, Livingston County Treasurers' Association, June 9, 2015 Nuts and Bolts of Bankruptcy Practice, Federal Bar Association, April 30, 2015 Federal Bar Association - Featured Speaker on Bankruptcy, 2007, 2009, 2010, 2014, 2015, 2016, 2018 PUBLICATIONS Executive Order: Revised Requirement for Businesses and Other Organizations, Foster Swift Legal Update E-blast, July 19, 2020 Whitmer Issues Executive Orders on Masks at Polling Places and Extending Remote Government Meetings, Foster Swift Municipal Law News E-blast, July 17, 2020 Whitmer Enacts Mandatory Mask Executive Order, Foster Swift Legal Update E-blast, July 10, 2020 Emails to Your Personal Attorney May Not Be Privileged If Sent or Received on a Work-Provided Email Address, Foster Swift Legal Update E-blast, June 16, 2020 New Executive Orders Lift Some Restrictions on Libraries in Northern Michigan and the UP, Foster Swift Legal Update E-blast, June 5, 2020 Giving Debtors a Break During COVID-19: How to be Flexible But Still Protect Your Rights, Foster Swift Finance Real Estate & Bankruptcy Law News, May 28, 2020 Executive Order 2020-91: Detailed Safeguards to Protect Workers, Foster Swift Legal Update E-blast, May 19, 2020 Governor Temporarily Suspends Certain FOIA Deadlines, Foster Swift Municipal Law News E-blast, April 6, 2020 Executive Order 2020-15 Concerning OMA and COVID-19, Foster Swift Municipal Law News E-blast, March 19, 2020 Clinton Township Found Liable in Religious Land Use and Institutionalized Persons Act Lawsuit, Foster Swift Municipal Law News, November 14, 2019 City of East Lansing RFP Response 31 Page 159 of 315 REMINDER: November 1 is Deadline for Municipalities to "Opt Out" of Recreational Marijuana Establishments, Foster Swift Municipal Law News E-blast, October 17, 2019 Marijuana Emergency Rules: What Municipalities Should Know, Foster Swift Municipal Law News, August 8, 2019 Michigan Supreme Court to Hear Appeal of Decision Upholding Appropriation of Public Funds for Private Schools, Foster Swift School Law News E-Blast, June 26, 2019 How Marijuana Laws Affect Workplace Policies for Municipalities in Michigan, Foster Swift Municipal Law News, March 22, 2019 5 things employers should know about the new Marihuana Act, Michigan Retailer, December 2018 Foster Swift Secures Major Victory for Almer and Ellington Townships in Lawsuits Brought by Wind Energy Company, Foster Swift Municipal Law News, November 8, 2018 Michigan Voters Approve Recreational Marihuana Ballot Proposal , Foster Swift Municipal Law E-blast, November 7, 2018 New Case Law Restricts Local Zoning Control Over Medical Marijuana, Foster Swift Municipal Law E-blast, November 1, 2018 An Exception to an Exemption: Michigan’s Lessee-User Tax, Foster Swift Municipal Law News, August 16, 2018 Tough Times for Township Assessors: Michigan Supreme Court Relaxes Property Tax Exemption Rules for Charities, Foster Swift Municipal Law News, April 24, 2018 Different Categories of Property Tax Exemptions in Michigan, Foster Swift Municipal Law News, March 15, 2018 Michigan Supreme Court Refines Property Tax Exemption Rules for Charities, The Review, January 2018 The Costs and Benefits of Property Tax Exemptions in Michigan, Foster Swift Municipal Law Newsletter, November 28, 2017 Michigan Supreme Court Rejects Menard's Appeal in “Dark Store” Tax Appeal, Foster Swift Municipal Law News E-Blast, October 23, 2017 School Funding Impacted by "Big Box" Store Tax Appeals, Foster Swift School Law News E-Blast, August 7, 2017 Michigan Supreme Court Clarifies Test for Charitable Exemption from Property Taxes, Foster Swift Municipal Law E-Blast, June 30, 2017 U.S. Supreme Court Vacates Lower Court Decision Which Ruled Against High School’s Bathroom Policy for Transgender Students, Foster Swift School Law News, March 6, 2017 Department of Justice and Department of Education Withdraw Transgender Guidance Letters, Foster Swift School Law News, February 24, 2017 City of East Lansing RFP Response 32 Page 160 of 315 Michigan Court of Appeals Upholds Ann Arbor Public School’s Policies Prohibiting Licensed Concealed Weapons on School Grounds, Foster Swift School Law News, December 19, 2016 What Municipal Attorneys Should Know About the Campaign Finance Act, Briefly, A Publication of the Public Corporation Law Section of the State Bar of Michigan, December 2016 Can I Vote "Straight Ticket" in Michigan?, LinkedIn, November 2, 2016 I Demand a Recount: Options for Local Michigan Candidates on November 9, LinkedIn, November 2, 2016 Michigan Election Law: How to Be a Write-In Candidate, LinkedIn, November 2, 2016 U.S. Supreme Court Declines to Step into Michigan Battle Over "Straight Ticket Voting", Foster Swift Municipal Law News, October 31, 2016 Michigan Supreme Court Declines to Weigh in on Non-Public School Funding, Foster Swift School Law News, October 5, 2016 Can a School Ban Someone from School Property?, Foster Swift School Law News, July 20, 2016 Federal Court Temporarily Bans State From Enforcing New Election Law That "Gags" Local Governments and Schools, Foster Swift Municipal Law News, February 5, 2016 New Law Silences Local Governments During 60 Days Before Elections, Foster Swift Municipal Law News, January 8, 2016 Too Small to Notice: Are Tiny Houses Subject to Municipal Zoning Ordinances in Michigan?, Foster Swift Municipal Law News, August 7, 2015 What Else Can We Do For You?, Foster Swift Municipal Law News, May 27, 2015 Solar Energy: A “Hot” Topic at the Local Level, Foster Swift Municipal Law News, March 30, 2015 Is Your Real Property Tax Too High? Now is the Time to Consider a Protest or Appeal, Foster Swift Finance, Real Estate and Bankruptcy News, March 6, 2015 Standing to Sue: When May a Property Owner Bring Suit to Restrain Zoning Violations?, Foster Swift Municipal Law News, February 27, 2015 Michigan Legislature Changes Taxable Value “Uncapping” Rules for Family Transfers, Foster Swift Municipal Law News, October 30, 2014 Recent Amendments Give Municipalities More Control Over “Urban” Farming, Foster Swift Municipal Law News, June 19, 2014 City of East Lansing RFP Response 33 Page 161 of 315 MEMBERSHIPS & AFFILIATIONS Legal Affiliations: . Federal Bar Association Bankruptcy Section (Western District of Michigan), Steering Committee Member . Grand Rapids Bar Association Industry & Professional Associations: . American Bankruptcy Institute . National Association of Bankruptcy Trustees . Grand Rapids Young Professionals . Inforum Community Involvement: . Grand Rapids Symphony Chorus, Board of Directors 2011-2012 RECENT BLOG POSTS Michigan Bankruptcy Blog Bankruptcy Court Upholds Contemporaneous Exchange for New Value Defense in Preference Action Bankruptcy Court Sanctions Lawyer, But Appeals Court Reverses and Rules that Lawyer’s Aggressive Advocacy Did Not Cross the Line District Court Reverses Bankruptcy Court Ruling that State Criminal Restitution is Dischargeable Supreme Court Refuses to Review Student Loan Bankruptcy Case No Stripping Allowed: Supreme Court Rules that Chapter 7 Debtor Cannot Strip Off a Junior Lien The Borrower in Bankruptcy: Top 10 Mistakes Banks & Lenders Make in Consumer Bankruptcy Cases The Right Way to Execute a Writ: Bankruptcy Court Decision Explains the Mechanics of Collecting a Judgment in the Western District of Michigan Sixth Circuit Reverses Bankruptcy Court Decision to Disallow Chapter 7 Debtor's Amendment to Exemptions Michigan Election Law Blog Primary Election Day 2020: Your Guide to Navigating Masks, Selfies, and Other Election Day Rules Campaigning during COVID-19: Rules for Absentee Ballots City of East Lansing RFP Response 34 Page 162 of 315 Clifford L. Hammond Shareholder Lansing 313 S. Washington Square Lansing, MI 48933 Southfield Office 28411 Northwestern Highway Suite 500 Southfield, MI 48034 T: Southfield 248.538.6324 Lansing 517.371.8100 F: 517.367.7120 [email protected] . . Clifford Hammond is a member of Foster Swift's Employers Services PRACTICE AREAS practice group in the Southfield and Lansing offices where he focuses Employer Services his practice on employment and labor law counsel and litigation. He has extensive experience with the National Labor Relations Act, Employment Law Michigan Employment Relations Commission, Federal and State Employment Litigation Courts, State and Federal administrative agency proceedings, collective bargaining, arbitration, mediation, union avoidance, Labor Relations employment litigation, and dispute resolution. EDUCATION He is well versed in employment and labor law and regularly conducts seminars to groups, including: The American Hospital Association, Widener University School of Law, J.D. 2000 American Society of Employers, Michigan Health and Hospital Association, Airport Minority Advisory Council, Michigan Public University of Delaware, B.A. Employer Labor Relations Association, Lansing Chamber of Commerce, Michigan Chamber of Commerce, and the Southern BAR AND COURT Wayne County Regional Chamber. Clifford has also written ADMISSIONS publications on unionization trends, the National Labor Relations Michigan Board, developments in employment law, The Affordable Care Act; U.S. District Court for the employee classification determinations, developments in wage and Eastern District of Michigan hour law, and handling employee discipline and counseling. U.S. District Court for the He is also co-chair of the Labor & Employment Committee for the Nothern District of Indiana Michigan Defense Trial Counsel, as well as a member of the Defense Research Institute, and Michigan Council of the Society for Human HONORS & Resource Management. RECOGNITIONS Michigan Super Lawyers, SPEAKING ENGAGEMENTS "Rising Star" 2015 Employer Guidance for a Lawful and Safe Re-Opening, Foster Michigan Lawyers Weekly, "Up & Coming Lawyer" 2010 Swift, May 27, 2020 2019 Comprehensive Guide to Employment Law, National Business Institute (NBI, November 13, 2019 Dealing With the Troubled/Troubling Employee, National Business Institute (Employment Law: 2019 Comprehensive Guide), November 13, 2019 City of East Lansing RFP Response 35 Page 163 of 315 Rats, Rules and Reevaluations: Current Affairs at the NLRB, NLRB, Bernard Gottfried Memorial Labor Law Symposium, October 17, 2019 Best Practices For Employers On Using Video Surveillance Of Employees, Michigan Business Network, August 22, 2019 Engaging Job Seekers, HRM Services, July 16, 2019 The Shifting Sands of Employment Law, MICPA: CPEconomy Event, Frankenmuth, May 9, 2019 Employee Handbooks and Personnel Policies, Michigan Chamber of Commerce: Lansing, April 23, 2019 Employee Handbooks and Personnel Policies, Michigan Chamber of Commerce: Walsh College, Novi, April 18, 2019 Compliance in Today’s Environment of Employment Law Hyper- Awareness, MICPA: CPEconomy Event for Industry, Troy, March 26, 2019 Your Employee is Hurt, but is it FMLA, ADA or Workers Comp?, Michigan Chamber of Commerce, March 7, 2019 No, that Employee is NOT an Independent Contractor, Michigan Chamber of Commerce, January 31, 2019 Responding to Workplace Violence: Hiring Issues, Foster Swift, October 25, 2018 Responding to Workplace Violence: Hiring Issues, Foster Swift, October 17, 2018 Affordable Care Act Update, Upper Peninsula Labor Relations Committee Employment Law Update, Michigan Public Employer Labor Relations Association How to deal with Michigan Marijuana Law in the Workplace, Michigan Public Employer Relations Association FLSA and FMLA Coverage/Overview, Foster Swift: Developing Labor Law Update, May 9, 2018 Getting a Grip on Workplace Violence in 2018, PSLabor Talk, April 3, 2018 FMLA and FLSA Coverage/Overview, Foster Swift: Developing Labor Law Update, February 7, 2018 Avoiding Sexual & Other Unlawful Harassment in the Workplace, Michigan Chamber of Commerce, January 9, 2018 Ban the Box, Michigan Works! Sexual Harassment in Workers' Compensation, Stop Before You Crash: Workers' Compensation and Employment Law, March 22, 2017 Federal and State Law Applicable to Municipal Employees, Foster Swift: Legal Essentials for Municipal Officials, January 18, 2017 City of East Lansing RFP Response 36 Page 164 of 315 PUBLICATIONS New DOL Guidance Excludes Workers from Federal Emergency Paid Sick Leave, Foster Swift Legal Update E-blast, March 29, 2020 Update to the Families First Coronavirus Response Act, Foster Swift Legal Update E-blast, March 20, 2020 Michigan Employers-FAQs on Coronavirus and Your Employees, Foster Swift Labor & Employment Law News E-blast, March 16, 2020 Michigan's Paid Medical Leave Act, Foster Swift Employment, Labor & Benefits Law News E-blast, March 1, 2019 The Difficult Intersection of Workers’ Compensation, FMLA and ADA when an Employee gets Sick or Injured, Foster Swift Employment Labor & Benefits News, October 1, 2018 Contributing Editor: The Developing Labor Law U.S. Supreme Court Rules Employers can Prohibit Employees from Filing Class Action Lawsuits, Foster Swift Employment Labor & Benefits Law News E-Blast, May 24, 2018 Stopping Sexual Harassment in the Workplace, Foster Swift Employment Labor & Benefits News, January 22, 2018 MEMBERSHIPS & AFFILIATIONS Legal Affiliations: . State Bar of Michigan, Member . Michigan Defense Trial Counsel, Labor & Employment Committee, Co-chair . Defense Research Institute, Member . Michigan Council of the Society for Human Resource Management, Member . Oakland County Bar Association, Labor & Employment Law Section . Oakland County Bar Foundation, Fellow . Michigan State Bar Foundation, Fellow Community Involvement: . Michigan Masons, Member . Parent Teacher Association Member- Livonia, Michigan . Oakland County Prosecutor's Foundation for Kids, Board Member City of East Lansing RFP Response 37 Page 165 of 315 RECENT BLOG POSTS Michigan Labor & Employment Law Blog The Impact of Coronavirus on Employers Smile, You’re On Camera: Best Practices for Workplace Video Surveillance in Michigan The Consequences of Misclassifying an Employee as an Independent Contractor Temporary injunction issued against Department of Labor overtime regulations City of East Lansing RFP Response 38 Page 166 of 315 Thomas R. Meagher Shareholder . 313 South Washington Square Lansing, MI 48933-2114 T: 517.371.8161 F: 517.371.8200 [email protected] 4. . Tom Meagher is a litigator and appellate practitioner with more than PRACTICE AREAS 30 years of experience in state and federal trial and appellate courts. Municipal Litigation He concentrates his practice on the defense of employment lawsuits, commercial litigation and appeals. This includes the defense of cases Employment Litigation involving constitutional law, civil rights and discrimination, Appellate Practice whistleblower, disability and licensing claims on behalf of private and municipal clients. Zoning & Land Use Licensing - Professional - Tom handles appeals for a variety of clients in a wide range of cases. Business - Government He also serves as a case evaluator throughout the state. Tom is recognized by his peers and the bench for his integrity and legal EDUCATION abilities. Wayne State University Law School, J.D., 1981, magna cum REPRESENTATIVE MATTERS laude . Dismissal of both state and federal lawsuits, both affirmed on American Graduate School of appeal, where plaintiffs pursued over $10,000,000 in International Management, development dispute. (Braun v Ann Arbor Charter Township, M.I.M., 1989 262 Mich App 154 (2004); Braun v Ann Arbor Charter Michigan State University, B.A., Township, 519 F3d 564 (6th Cir 2008)) 1978, Honors College, with high honors . Unanimous victory from Michigan Supreme Court in zoning case of first impression. (Hendee v Township of Putnam, 486 Mich 556 (2010)) BAR AND COURT ADMISSIONS . Successfully briefed and argued to the Michigan Court of Michigan Appeals two cases of first impression regarding First Amendment Religious Freedoms. (Weishuhn v Catholic Michigan Supreme Court Diocese, 279 Mich App 150 (2008)and 287 Mich App 211 U.S. District Court for the (2010)) Western District of Michigan . Dismissal at the end of Plaintiff's proofs, affirmed on appeal, in U.S. District Court for the land use case in which Plaintiff sought $14,000,000. (TG Eastern District of Michigan Development v Mt Morris Twp, 2004 Mich App LEXIS 810)) U.S. Sixth Circuit Court of . Verdict and judgment for small business owner in sex Appeals discrimination case in which plaintiff sought damages U.S. Supreme Court exceeding $1,000,000 (no appeal). . Author of Amicus Curiae brief supporting successful appeal of HONORS & seminal case from Michigan Supreme Court regarding expert RECOGNITIONS witnesses. (Craig v Oakwood Hospital, 471 Mich 67 (2004)) AV® Preeminent™ Martindale- Hubbell City of East Lansing RFP Response 39 Page 167 of 315 . Dismissal at close of plaintiff's proofs in two-week trial of triple Best Lawyers in America® drowning case. (affirmed on appeal) (Hutchinson v Township of 2013-2020 (Commercial Litigation) Portage, 2003 Mich App LEXIS 1911; (leave denied)) 2010 Service Award from the . Dismissal on second day of trial in favor of lobbying firm in Hmong-American Association for covenant-not-to-compete case. 15 years of pro bono services . Verdict and judgment for township and building inspector 2005 Attorney of the Year, following three day trial alleging insufficient inspection led to Michigan Participating Plan total loss of $500,000 home (no appeal). (State-Wide Municipal Insurer) . Dismissal on summary disposition, affirmed on appeal, in land use dispute involving damages exceeding $1,000,000. (Pittsfield Investors v Pittsfield Charter Township, 2013 Mich App LEXIS 516)) . Dismissal of sex discrimination case brought by firefighter against township (no appeal). . Dismissal of Whistleblower Protection Act case, affirmed on appeal. (Purcell v Township of Tompkins, 2011 Mich App LEXIS 777) . Dismissal following plaintiffs' proofs in three-day trial of development case, affirmed on appeal. (Whitmore Lake 23 v Ann Arbor Charter Township, 2011 Mich App LEXIS 790) . Dismissal, affirmed on appeal, of Township supervisor's First Amendment retaliation claim against Township. (Perkins v Township of Clayton, 411 F App'x 810 (6th Cir 2011)) . Dismissal of whistleblower claim, affirmed on appeal. (Wroblewski v City of Saline, 2003 Mich App LEXIS 3437) . Dismissal in favor of Township of adult entertainment zoning dispute. (LittleMack Entertainment II v Township of Marengo, 621 F Supp 2d 570 (WD Mich 2008)) . Dismissal of plaintiff's claims following trial, affirmed on appeal, in case raising constitutional due process and equal protection issues. (Chestnut Development v Marion Township, 2010 Mich App LEXIS 1147) . Dismissal on summary disposition, affirmed on appeal, of plaintiff's claims against building inspector and others arising from major flooding in community. (Cummins v Robinson Township, 283 Mich App 677 (2009)) . Dismissal, affirmed on appeal, of first amendment freedom of speech and association claims brought by state representative against municipality. (Agema v City of Allegan, 2016 US App LEXIS 17567) SPEAKING ENGAGEMENTS Human Resources: Planning To Avoid Litigation, Michigan Township Participating Plan, January 23, 2020 City of East Lansing RFP Response 40 Page 168 of 315 Perspective of Defense Counsel Representing Municipalities in Religious Land Use (RLUIPA) Issues, Federal Bar Association: Civil Rights Law Section, October 30, 2018 Employment Discrimination, Zoning, Disabilities and Whistleblower Claims, September 2017 Annual Update of Michigan Law: Employment Discrimination and Whistleblower Claims, TM HCC Public Risk Claim, Inc. Annual Seminar, September 22, 2016 Annual Update of Michigan Law: Employment, Immunity and Zoning, September 17, 2015 Annual Update of Michigan Law: Immunity, Discrimination Law, Whistleblower Protection Act, Michigan Land Use and Zoning & First Amendment Retaliation, HCC Public Risk Claim, Inc. Annual Seminar, September 17, 2014 Annual Update of Michigan Law: Sex, Age & Disability Discrimination, Whistleblower Protection Act, HCC Public Risk Claim, Inc. Annual Seminar, September 5, 2013 Ripeness and Remedies in Exclusionary Zoning Cases, State Bar of Michigan, Public Corporation Law Section, February 5, 2010 Municipal Litigation, State Bar of Michigan Public Corporation Winter Meeting, January 2010 PUBLICATIONS Michigan Supreme Court Rules that Building Inspection Fees Must Reasonably Relate to the Costs of Services Provided by a Municipality’s Building Department, Inside 208 Blog, Michigan Municipal League, August 6, 2019 Recent Court Decisions Make Clear that Municipalities Must Identify Specific Litigation to be Discussed During Closed Meeting, Foster Swift Municipal Law News, August 14, 2018 Acronyms That Can Cost You Money: A Defense Lawyer's Primer On Employment Law - Whistleblowers Protection Act, Foster Swift Employment, Labor & Benefits News, December 14, 2016 Acronyms That Can Cost You Money: A Defense Lawyer's Primer On Employment Law - Persons With Disabilities Civil Rights Act, Foster Swift Employment, Labor & Benefits News, November 17, 2016 Acronyms That Can Cost You Money: A Defense Lawyer's Primer on Employment Law, Foster Swift Employment, Labor & Benefits News, October 31, 2016 Annual Update of Michigan Law: Employment Discrimination and Whistleblower Claims, Written for HCC Public Risk Claim, Inc., September 22, 2016 Annual Update of Michigan Law: Employment, Immunity, and Zoning, Written for HCC Public Risk Claim, Inc., September 17, 2015 City of East Lansing RFP Response 41 Page 169 of 315 Annual Update of Michigan Law: Immunity, Discrimination Law, Whistleblower Protection Act, Michigan Land Use and Zoning & First Amendment Retaliation, Written for HCC Public Risk Claim, Inc., September 17, 2014 Annual Update of Michigan Law: Sex, Age & Disability Discrimination, Whistleblower Protection Act, Written for HCC Public Risk Claim, Inc., September 5, 2013 Annual Update of Michigan Law: Immunity, Disability & Whistleblower Litigation, Written for HCC Public Risk Claim, Inc., September 13, 2012 Ripeness and Remedies In Exclusionary Zoning Cases, Written for the State Bar of Michigan Public Corporation Winter Meeting, January 2010 MEMBERSHIPS & AFFILIATIONS Legal Affiliations: . American Bar Association . Appellate Section . Labor & Employment Law Section . Litigation Section . State Bar of Michigan . Appellate Practice Section . Labor & Employment Law Section . Litigation Section . Public Corporation Law Section . Real Property Law Section . Ingham County Bar Association . Michigan State Bar Foundation, Fellow . Federal Bar Association Industry & Professional Associations: . Michigan Supreme Court Historical Society . Michigan Supreme Court Advocates Guild . Michigan Defense Trial Counsel, Past Member of Board of Directors & Past Chair of Amicus Curiae Section . Defense Research Institute . Association of Defense Trial Attorneys City of East Lansing RFP Response 42 Page 170 of 315 Anne M. Seurynck Shareholder . 1700 East Beltline, N.E. Suite 200 Grand Rapids, MI 49525-7044 T: 616.726.2240 F: 517.371.8200 [email protected] . Anne has been practicing with Foster Swift's Administrative and PRACTICE AREAS Municipal Practice Group since her arrival at the firm. Her entire Administrative Law career has focused on the representation of municipalities and public entities. Anne has extensive experience in drafting and reviewing Library Law ordinances and policies, serving as general counsel, counseling clients Freedom of Information Act on Freedom of Information Act (FOIA) and Open Meetings Act issues, and working with communities on millage and Michigan Campaign Open Meetings Act Finance Issues. Anne also has an expertise in library law. School Law Services To promote her belief that the best legal strategy is a proactive Election & Campaign Finance strategy, Anne assists communities with policy drafting and adoption. Law She is also a frequent speaker at seminars and conferences where the Municipal & Public Entity educational focus is on municipal law. EDUCATION In addition to her practice, Anne serves on the firm's President and Chair of the Executive Committee Prior to these leadership roles, Anne University of Wisconsin Law was vice president of the firm’s West Michigan Offices, the Chair of the School, J.D., 1996 Recruiting Committee and active on the firm's Diversity Committee. University of Michigan, B.A., Currently, she also serves as a fellow of the Michigan State Bar 1993 Association and serves on the Advocacy Committee for JDRF West Michigan. BAR AND COURT ADMISSIONS REPRESENTATIVE MATTERS Michigan . Drafting intergovernmental agreements and service contracts U.S. District Court for the with other municipal entities. Western District of Michigan U.S. District Court for the . Assisting communities with zoning issues such as drafting and Eastern District of Michigan amending sign ordinances and assisting townships with special use permit requests for telecommunication towers. U.S. Sixth Circuit Court of Appeals . Drafting millage proposal and educating library boards regarding the application of the Michigan Campaign Finance laws. . Addressing board governance issues, including the application of the Open Meetings and the FOIA. . Successfully defend clients in FOIA cases . Drafting district library agreements and assisting with all aspects of the district library formation process. City of East Lansing RFP Response 43 Page 171 of 315 . Amending existing district library agreements, including adding participating municipalities to existing districts. . Assisting libraries with request for information by law enforcement agencies and private entities, including the application of the Library Privacy Act and Patriot Act. SPEAKING ENGAGEMENTS That’s Unconstitutional! Fact and Fiction Regarding Townships and the Constitution, 2018 MTA Annual Conference: Michigan Townships Association, April 25, 2018 WEBINAR: ADA Requirements: What Libraries Need to Know, Michigan Cooperative Directors Association, June 13, 2017 WEBINAR: Parliamentary Procedure: How To Run A Successful Meeting, Michigan Cooperative Directors Association, May 23, 2017 Panel Discussion: Business Solutions, Michigan Townships Association Annual Conference & Expo, April 11, 2017 The ABCs of the FOIA, MTA: Upper Peninsula Municipal Law Seminar, February 15, 2017 Legal Essentials for Municipal Officials, January 18, 2017 The Open Meetings Act and The Freedom Of Information Act, Foster Swift: Legal Essentials for Municipal Officials, January 18, 2017 Back to the Basics: OMA & FOIA, Michigan Association of Municipal Clerks, June 16, 2016 Funding for Public Projects, Michigan Townships Association, April 26, 2016 WEBINAR | Millage Proposals and Campaign Finance Issues, March 29, 2016 Behind Closed Doors: What Can Be Discussed in Closed Session?, Michigan Townships Association Annual Educational Conference & Expo, January 20, 2016 WEBINAR | New Changes to the Freedom of Information Act, February 17, 2015 Major Changes to Michigan's Freedom Of Information Act, Michigan Townships Association Annual Conference, January 29, 2015 Providing Library Services, Michigan Townships Association Annual Conference, January 29, 2015 WEBINAR | Open Meetings Act: What Every Municipality Should Know, August 12, 2014 Top 10 Open Meetings Act and Freedom of Information Act Mistakes, Loleta Fyan Rural Libraries Conference, May 1, 2014 Ten Legal Issues Every Director or Trustee Should Know, Loleta Fyan Rural Libraries Conference, April 30, 2014 City of East Lansing RFP Response 44 Page 172 of 315 Webinar Series for New Municipal Officials Back to the Basics: OMA & FOIA, Michigan Municipal League, Training Week, April 24, 2013 PUBLICATIONS New Amendments to the Freedom of Information Act – Public Act 523 of 2018, January 2019 Municipal Law News E-blast, January 14, 2019 Five Policies that Every Michigan Library Should Have in Place, November 2018 Municipal Law News, November 7, 2018 Maintaining Attorney-Client Privilege in Public Meetings, April 2018 Municipal Law News, April 24, 2018 Ten Critical Issues that Every Michigan Library Trustee Must Know, March 2018 Municipal Law News, March 15, 2018 Sign Regulation After Reed v Town of Gilbert, Foster Swift Municipal Law News, October 31, 2016 New Freedom of Information Act Case: Documents Do Not Have to be Produced by the Time the FOIA Response is Due, Foster Swift Municipal Law News, July 19, 2016 Behind Closed Doors: What Can a Public Body Discuss in Closed Session?, Foster Swift Municipal Law News, January 26, 2016 Dispute Between City of Howell and Homeowner Over Grass Cutting Ordinance Ends Up in Sixth Circuit Court of Appeals, Foster Swift Municipal Law News, September 23, 2015 Email and the Freedom of Information Act, Foster Swift Municipal Law News, April 30, 2015 Develop FOIA Documents for New Requirements, Foster Swift Municipal Law News, March 30, 2015 Complying with the New Freedom of Information Act Changes, Foster Swift Municipal Law News, January 27, 2015 New Changes to the Freedom of Information Act, Foster Swift Municipal Law News, January 16, 2015 On Your Mark, Get Set, Go: Court of Appeals Decision Creates Race to the Courthouse in Actions to Quiet Title Involving Municipalities, Foster Swift Municipal Law News, July 30, 2014 Attorney Fees Awarded Even for Technical Violations of The Open Meetings Act, Foster Swift Municipal Law News, January 30, 2014 Michigan Library Laws Handbook 2013 edition, May 2013 City of East Lansing RFP Response 45 Page 173 of 315 MEMBERSHIPS & AFFILIATIONS Legal Affiliations: . State Bar of Wisconsin . State Bar of Michigan . American Bar Association . Fellow, Michigan State Bar Foundation Industry & Professional Associations: . Michigan Association of Municipal Attorneys, Member City of East Lansing RFP Response 46 Page 174 of 315 Alexander J. Thibodeau Associate . 1700 East Beltline, N.E. Suite 200 Grand Rapids, MI 49525-7044 T: 616.726.2209 [email protected] 5. . Alex is a member of the firm’s Municipal practice group and works in PRACTICE AREAS the Grand Rapids office where he focuses primarily on representing Municipal & Public Entity cities, counties, villages and townships, libraries, and special authorities served by the firm. He also represents a number of businesses and individuals in a wide range of litigation matters. EDUCATION Representative matters include: Indiana University School of Law, J.D. . Drafting complex litigation and litigation-focused oral advocacy DePaul University, B.A., . Drafting ordinances, resolutions and administrative policies Political Science . Drafting and analyzing contracts and agreements BAR AND COURT . Drafting regulatory frameworks ADMISSIONS . Utility service agreements Michigan . State and local property tax Federal Bar for the Western District of Michigan . Zoning . Special assessment districts . Municipal ethics . Telecommunications: METRO Act and Small Cell Wireless (5G) . Commercial and residential real estate . Construction Litigation . Landlord/Tenant Rights Alex attended the Indiana University Maurer School of Law in Bloomington, Indiana. In law school, Alex was elected as the President of the Student Bar Association, was appointed as Executive Fellow for the Center for Constitutional Democracy, served as Notes Editor of the Indiana Journal of Law and Social Equality and sat on the Executive Board for the Indiana Journal of Constitutional Design. During his first summer, he clerked for former Chief Justice Robert P. Young of the Michigan Supreme Court and was selected for the prestigious Stewart Fellowship – an opportunity which allowed him to work closely with a Senior Advocate to the Supreme Court of India in New Delhi. Alex qualified for Oral Advocacy Honors and was presented the award for “Most Outstanding Contribution to Student Life” for his graduating class. City of East Lansing RFP Response 47 Page 175 of 315 Alex’s completed his undergraduate education at DePaul University in Chicago with degrees in Political Science and Journalism. Before attending law school worked as an on-air contributor for Chicago’s NPR- affiliate station and taught journalism to at-risk youth on Chicago’s west side. Before beginning law school, Alex also worked as a consultant for a healthcare technology firm that worked to help public health facilities adjust to the regulatory dimensions of the Affordable Care Act. SPEAKING ENGAGEMENTS Understanding the General Law Village Act, Michigan Municipal League (Capital Conference & Annual Expo), March 19, 2019 PUBLICATIONS Decision Regarding Surplus Proceeds from Tax-Foreclosed Properties, Foster Swift Municipal Law News E-blast, July 20, 2020 Is Your Business’ COVID-19 Preparedness Plan Good Enough?, Foster Swift Municipal Law News, June 1, 2020 Transitioning Back – FOIA and OMA After COVID-19, Foster Swift Municipal Law News, May 31, 2020 Executive Order 2020-15 Concerning OMA and COVID-19, Foster Swift Municipal Law News E-blast, March 19, 2020 Credit Card Surcharges for Municipalities, Foster Swift Municipal Law News, February 18, 2020 While 5G Technology Offers Innovation, Public Act 365 Strips Municipal Control, Foster Swift Municipal Law News, March 25, 2019 State Senate Bill Threatens to Undermine Existing Municipal Contracts, Foster Swift Municipal Law News, November 12, 2018 MEMBERSHIPS & AFFILIATIONS Legal Affiliations . State Bar of Michigan . Grand Rapids Bar Association . Young Lawyers Section, Vice President . Federal Bar for the Western District of Michigan City of East Lansing RFP Response 48 Page 176 of 315 Brent A. Titus Shareholder . 313 South Washington Square Lansing, MI 48933-2114 T: 517.371.8268 F: 517.367.7321 [email protected] . Brent's clients include financial institutions, insurance companies, real PRACTICE AREAS estate brokers, developers, hospitals, manufacturers, farmers, Landlord-Tenant municipalities and colleges. Brent's practice focuses primarily in real estate with an emphasis on: Real Estate Law Environmental Law . Commercial Real Estate Transactions: Commercial purchase and sales agreements and transactions for manufacturing Energy, Oil & Gas Law facilities, colleges, hospitals, communication towers, Finance, Real Estate & restaurants, shopping centers and apartment complexes. Bankruptcy Law . Landlord-Tenant: Commercial lease negotiations, disputes and Real Estate Development evictions. Real Estate Litigation . Real Estate Development: Land Division Act, Condominium Act, zoning, construction contracts, construction liens, EDUCATION subdivision restrictions and easements. Ohio State University College . Real Estate Finance: Loan documentation, modifications, of Law, J.D., 1984 workouts, deeds-in-lieu of foreclosure, collections, mezzanine University of Michigan-Flint, loans and bankruptcy remote entities. B.B.A., 1981, with high distinction (minor in . Real Estate Brokerage: Listing agreements, agency economics) disclosures, buyer/broker agreements, Commercial Broker Lien Act and property management agreements. BAR AND COURT . Environmental Law: Environmental audits, baseline ADMISSIONS environmental assessments and due care documentation. Michigan His knowledge of real estate law is well recognized by his peers. Brent U.S. District Court for the was named the 2009 Lansing Lawyer of the Year for Real Estate by Western District of Michigan Best Lawyers®, has been included in Best Lawyers® of America since U.S. District Court for the 1999 and has an AV Preeminent rating from Martindale-Hubbell. Eastern District of Michigan Michigan Supreme Court Holding memberships in the American Bar Association, the State Bar of Michigan and its Real Property Law Section, and the Ingham County Bar Association, Brent is also admitted to practice in the U.S. District HONORS & RECOGNITIONS Court’s Western and Eastern Districts of Michigan. He is a member of the American Bar Association’s Forum on the Construction Industry and AV® Preeminent™ is an associate member of the American Institute of Architects. He has Martindale-Hubbell also been a member of various charitable and bank boards in the local Best Lawyers® 2015 community. Brent currently serves on the firm's Executive Committee Litigation - Real Estate as a Vice President of the firm's Lansing office. "Lawyer of the Year" in Lansing City of East Lansing RFP Response 49 Page 177 of 315 REPRESENTATIVE MATTERS Best Lawyers® 2018 Litigation - Real Estate . Assisted trust clients with complex sale of their land contract "Lawyer of the Year" in vendor’s interest in nearly 2000 acres of Michigan farmland to investment firm for $8 million+, where vendee was in default Lansing and subject to numerous liens. Best Lawyers in America® 2001-2021 (Real Estate Law; . Assisted institutional client with acquisition of out-of-state office Litigation - Real Estate) building for in excess of $40 million. Best Lawyers® 2009 Real . Assisted client with multiple multi-million dollar out-of-state Estate Law "Lawyer of the office sublease transactions, requiring landlord and lender Year" in Lansing consents. Member of Foster Swift Executive Committee . Assisted client with multiple large out-of-state office lease assignment and assumptions transactions, requiring landlord and lender consents. . Assisted client with a large office lease buy-out and termination transaction. . Assisted institutional client with multi-million dollar out-of-state land acquisition for regional branch office development. . Assisted investors with complex purchase of multi-million dollar loans upon borrower's default. . Assisted hospital and college with multi-parcel acquisitions for future development. . Assisted insurance company with significant loan modifications, deeds-in-lieu of foreclosure, and workouts of defaulted loans in commercial loan portfolio. . Assisted borrower of commercial development in legal action against lender to stop foreclosure due to lenders breach of loan documents and commitment. . Assisted client with expansion of cosmetology school's operation to new cities in Michigan, Illinois, and Tennessee. . Assisted client with multi-million dollar acquisition of out-of- state cosmetology school. . Assisted landowners with sale of thousands of acres of prime agricultural land. . Assisted clients with appeals of residential and commercial property tax assessments. . Assisted family farm clients with succession planning to next generation. SPEAKING ENGAGEMENTS Remedies and Lender Liability, In-house educational seminar for commercial real estate lender, June 2010 Land Division and Related Development Issues, In-house educational seminar for commercial real estate brokerage firm, February 2007 City of East Lansing RFP Response 50 Page 178 of 315 PUBLICATIONS Giving Debtors a Break During COVID-19: How to be Flexible But Still Protect Your Rights, Foster Swift Finance Real Estate & Bankruptcy Law News, May 28, 2020 Contracts 101 - Top 10 Items to Consider Before Signing on the Dotted Line, Michigan Restaurant Association's Michigan Restaurateur, December 2008 MEMBERSHIPS & AFFILIATIONS Legal Affiliations: . American Bar Association . Forum on the Construction Industry . State Bar of Michigan . Real Estate Law Section . Environmental Law Section . Ingham County Bar Association Industry & Professional Associations: . American Institute of Architects, Associate Member . Michigan Association of Municipal Attorneys, Member City of East Lansing RFP Response 51 Page 179 of 315 Accessibility of Assigned Attorneys Response Time With respect to calls or e-mails from clients, in most circumstances client calls and messages are returned within four business hours (and often less). Additionally, every Foster Swift attorney is backed up by another attorney, giving clients complete coverage 24/7/365 in the event of an attorney absence. We believe the best customer service comes from accessibility to attorneys. We pride ourselves on our responsiveness. Foster Swift attorneys understand that the City’s operations are not limited to normal business hours. Urgent matters require immediate attention, which is also why all of our municipal clients have access to our attorneys’ mobile phone numbers. This unparalleled access, together with the depth of our attorneys and experience allows us to respond promptly to inquiries. If awarded this contract, the City Attorney will be available to attend unscheduled, urgent meetings in approximately one hour and unscheduled, urgent phone calls will be handled immediately if possible but in no more than thirty minutes. Backup As the City Attorney, Mike Homier has the availability to respond to a request to attend a meeting on short notice, usually within the hour or sooner. Additionally, Mr. Homier provides 24 hour access to his mobile phone for clients. However, in the event that Mike is not available, there are other experienced municipal attorneys who will be available. Mike’s primary back up, Mark Koerner, is in our Lansing office. This is also the benefit of having a municipal team. There is more than one attorney who can respond quickly to the City’s needs. Should the need arise to subcontract work which is within the scope of services identified in the RFP, Foster Swift agrees to obtain prior approval of the City Council. Facilities Foster Swift has offices in Lansing, Southfield, Detroit, Holland, Grand Rapids, and St. Joseph. Our Lansing office is approximately 4 miles from the East Lansing City Hall. All of the firm's offices have adequate office space, conference rooms, support staff (including secretaries, paralegals and technology staff) and technology to meet the legal needs described in the RFP. Foster Swift has a robust online library available to the attorneys 24 hours-a-day via Westlaw. Westlaw is a comprehensive online legal research tool that has the largest collection of case law, statutes and regulations. Also the firm and/or the attorneys maintain memberships in various municipal law organizations that provide access to resources such as current news and publications. This includes but is not limited to Michigan Association of Municipal Attorneys, Michigan Townships Association, the Michigan Municipal League, the Michigan Association of Counties and the Michigan Association of Assessors. Additionally, the Firm employs a full-time legal research librarian to manage the Firm’s legal resources and to assist our attorneys in researching difficult to obtain historical and/or obscure legal references, annotations, codes and statutes. Our municipal practice group enjoys a large reference library of legal opinions that address issues continually faced by municipal clients which permits a swift and cost efficient response for clients on many common legal issues. City of East Lansing RFP Response 52 Page 180 of 315 Cost & Price Analysis Foster Swift will work hard to meet the City of East Lansing’s budgetary needs. Our goal is to understand the scope of work and financial parameters of your projects. Hence, we look forward to having a candid discussion regarding a mutually beneficial legal fee structure. We have found over time that hourly rates and recording is more cost efficient for our municipal clients. Our rates for this engagement are far below the rate we charge non-public entities and are as follows: Task Partner Senior Associate Attorney Appellate $225.00 $225.00 $200.00 Michigan Circuit $225.00 $225.00 $200.00 Federal District Courts $225.00 $225.00 $200.00 Michigan Tax Tribunal $250.00 $225.00 $200.00 Administrative $225.00 $225.00 $200.00 Workers Compensation $225.00 $225.00 $200.00 Tort $225.00 $225.00 $200.00 Michigan District Court $175.00 $175.00 $175.00 General Legal Services $225.00 $225.00 $200.00 Billing statements are sent monthly and will include detailed information regarding time expended by classification and by task, as well as information regarding such items as mileage, materials, and other non- overhead cost. Payment is due upon receipt. Other expenses. Foster Swift does not charge clients separate fees for secretarial or word processing costs, overtime or other basic overhead costs. Supplies and other materials will be billed monthly in an itemized manner at actual cost. All travel costs and other costs will be billed and compensated in conformance with personnel policies applicable to employees of the City of East Lansing. Court filing fees, expert witness fees and similar out-of-pocket expenses will be charged at the rates set by the entity providing the service, subject to prior City approval. Time is charged based upon tenths of an hour (six minutes). There are no base minimum charges for activities such as phone calls or e-mails. Copying/scanning charges are $0.10/page and mileage is charged at the rate set by the Internal Revenue Service. Our billing format is organized to allow easy tracking of fees and costs on individual matters and may be customized to provide whatever information the City needs. Our system allows us to report nearly 200 separate services or activities, as well as the identification of the attorney or paralegal providing the service, the date of the service, a description of the service and the number of hours for the service on that date. Additionally, we can also report a monthly total for each file of the total hours and charges of each attorney or paralegal working on that file. For ease of tracking, our billings itemize each cost item separately according to date, description of City of East Lansing RFP Response 53 Page 181 of 315 the cost, source of the cost and the amount. Bills are generally sent out on a monthly basis. Also a factor in billing is the protection of sensitive attorney-client information. We are able to tailor the level of protection for each client. Duration. The price structure above is based on a two-year contract with the City. The contract is terminable at the will of the East Lansing City Council upon sixty (60) days’ notice. Renewal of this contract requires City Council reauthorization. Contract Requirements. Foster Swift holds itself to the highest ethical standards, and recognizes that it may be inappropriate for a law firm to contractually limit its liability to a client without the client first obtaining the advice of independent counsel. We also note that contracting with a law firm for indemnity may adversely impact the City’s position in the event of an attorney’s malpractice. Contractual indemnity provisions generally are not covered by legal malpractice insurance and might jeopardize a law firm’s legal malpractice coverage in the event of a claim. We recommend that the City require its legal counsel to maintain legal malpractice insurance that would cover all legal services provided by the law firm. All Foster Swift lawyers are covered by legal malpractice coverage with policy limits totaling $25million. Liability insurance covering attorneys is unique. All Foster Swift attorneys will be covered by malpractice insurance with limits totaling $25 million. However, such insurance can only insure licensed attorneys and it is not possible to certify the City or any other client as a named insured. References The City of East Lansing is permitted to contact and interview personnel from the municipalities listed below who received municipal attorney services from Foster Swift. In addition, the City of East Lansing is permitted to contact any organization or individual to obtain information that will assist the City in evaluating the proposal, including copies of contracts and/or billing statements from Foster Swift’s municipal clients. Municipal City of Mt. Pleasant Nancy Ridley, City Manager 320 West Broadway Mt. Pleasant, MI 48858 P: 989.779.5323 E: [email protected] City of Cadillac Marcus Peccia, Manager 200 N Lake Street Cadillac, MI 49601 P: 231.775.0181 ext 122 E: [email protected] City of East Lansing RFP Response 54 Page 182 of 315 City of Grand Rapids Anita Hitchcock, City Attorney 300 Monroe Avenue, N.W. Grand Rapids, MI 49503 P: 616.456.4021 E: [email protected] Personal References to City Attorney Clinton County Ryan Wood, County Administrator 100 E State Street Suite 2700 St. Johns, MI 48879 P: 989.224.5120 E: [email protected] City of Cadillac Marcus Peccia, Manager 200 N Lake Street Cadillac, MI 49601 P: 231.775.0181 ext 122 E: [email protected] Muskegon County Mark Eisenbarth, County Administrator 990 Terrace Street Muskegon, MI 49442 P: 231.724.6520 E: [email protected] Additional Information Foster Swift elected its first female President, Anne Seurynck, in January 2020. Foster Swift offers its employees and other eligible individuals medical, dental, vision, and life insurance benefits. Any contract for services shall be solely for the benefit of the City Council of East Lansing, East Lansing residents, East Lansing government and Foster Swift and is not made for the benefit of any third party. No action or defense may be founded upon any contract except by the parties hereto. Foster Swift consents to the City Scope of Work and its Specifications without exception. Foster Swift accepts the City of East Lansing’s Contract requirements and agrees to comply with the City’s Civil Rights Ordinance, Article II, Chapter 22 of the Code of the City of East Lansing. This proposal for legal services is in effect for ninety (90) days following the opening of the proposal. City of East Lansing RFP Response 55 Page 183 of 315 Conclusion Selecting legal counsel is an important decision for any municipality. All attorneys and staff at Foster Swift are committed to providing exceptional counsel and service to each and every client. As a result, it is common for our attorney-client relationships to span decades. The foundation of these relationships is open communication and established processes. Municipal representation is best approached as a partnership. Through the firm’s long track record of working closely with many cities, villages and townships, its staffs and officials, we have developed a culture of open channels of communication which enable successful outcomes to legal issues. Our clients find that we are: • Value-oriented. The value of legal services is not something that can be determined at the outset of a relationship. It can only be evaluated in hindsight. Billable rates – whether high or low – have little relevance to value. Value is driven by efficiency and by experience. It matters little if a firm has low billing rates if it is unable to deliver quality work in an efficient manner. Foster Swift provides its clients real, demonstrable value by producing excellent work quickly and at reasonable rates • Effective. The Firm's municipal attorneys play an integral role in proactively assisting public entities in developing and implementing modern legal, management and risk mitigation practices. After all, the mark of effective municipal counsel is not only how it responds in times of legal crisis or turmoil, but – equally important – how it helps clients avoid problems in the first place. • Experienced. Foster Swift attorneys serve many municipal clients. This expands their knowledge and experience base. For clients, this often results in a prompt answer with less time billed. In other cases, this results in implementing already existing systems resulting in time and labor savings to our clients through reduced internal resources or reduced attorney time. Municipalities face similar issues – from annexation to zoning – and, because of Foster Swift’s extensive municipal experience, its clients benefit when Foster Swift is able to complete tasks in significantly less time. • Responsive. With respect to calls or e-mails from clients, in most circumstances client calls are returned within two business hours (and often less). Every Foster Swift attorney is backed by another attorney, so crises can be immediately addressed even if one of the attorneys may be unavailable. This structure has worked well to allow Foster Swift to provide efficient, consistent responses on a wide range of issues for the municipality. Urgent matters require urgent responses. Foster Swift assists its clients, and has always been available to clients 24/7/365. On numerous occasions, municipal clients have needed legal advice on short notice. On every occasion, including weekends, Foster Swift immediately responded and handled the issue. • Communicative and training-minded. Foster Swift's attorneys work diligently to keep clients informed of new case law and legislation (including pending legislation) which may impact municipalities. We do this through monthly newsletters, webinars and on-site training. This has helped our municipal clients run more efficiently and effectively and helped public bodies avoid litigation, ultimately reducing legal expenses. Our talents in this area are also recognized by Michigan Municipal League and Michigan Association of Townships who routinely ask our attorneys to teach programming for members. • Efficient. Foster Swift also places a great deal of emphasis on project management of legal matters. This means that matters for clients are staffed by attorneys with the right skill sets to get the job done. Strategies are developed in advance, roles are defined and lines of communication remain open in order to ensure that the right people are in place to get the right result. City of East Lansing RFP Response 56 Page 184 of 315 • Tech-efficient. Foster Swift utilizes technology to enhance its ability to provide prompt, secure communication with clients. E-mail, video-conferencing tools, and cloud-based technology allow for real-time interaction with clients, sharing and collaboration on documents, and production of work product. Foster Swift is excited about the proposed opportunity to serve the City of East Lansing. Please contact us with any questions or requests for additional information. We hope to have the opportunity to meet to introduce ourselves and discuss how we can provide exceptional and affordable legal counsel. FOSTER SWIFT COLLINS & SMITH PC Michael D. Homier 1700 E. Beltline Ave. NE, Suite 200 Grand Rapids, MI 49525 Phone: 616.726.2230 E-Mail: [email protected] City of East Lansing RFP Response 57 Page 185 of 315 Appendix A Page 186 of 315 This is to Certify That FOSTER, SWIFT, COLLINS & SMITH, P.C. was validly incorporated on July 1 , 1969 as a Michigan DOMESTIC PROFESSIONAL CORPORATION, and said corporation is validly in existence under the laws of this state. This certificate is issued pursuant to the provisions of 1972 PA 284 to attest to the fact that the corporation is in good standing in Michigan as of this date and is duly authorized to transact business and for no other purpose. This certificate is in due form, made by me as the proper officer, and is entitled to have full faith and credit given it in every court and office within the United States. In testimony whereof, I have hereunto set my hand, in the City of Lansing, this 18th day of August , 2020. Linda Clegg, Interim Director Corporations, Securities & Commercial Licensing Bureau Certificate Number: 20082807740 Verify this certificate at: URL to eCertificate Verification Search http://www.michigan.gov/corpverifycertificate. Page 187 of 315 Page 188 of 315 Page 189 of 315 Charles A. Lawler T | (517) 318-3016 212 E. Cesar Chavez Avenue F | (517) 318-3069 Lansing, MI 48906 E | [email protected] August 20, 2020 George Lahanas, City Manager City of East Lansing 410 Abbot Road East Lansing, MI 48823 Re: Proposal to Provide City Attorney Services Dear Mr. Lahanas, Clark Hill PLC appreciates the opportunity to submit our qualifications to the City of East Lansing (the City) to serve as City Attorney and provide full-service legal representation covering the entire scope of the City’s municipal affairs. We understand that municipal law is about community improvement, service to residents and taxpayers, and cost-effective, timely results. As members of the Mid Michigan community, we are committed to providing sophisticated counsel to address the City’s unique issues and advance the City’s goals and objectives. Please feel free to contact me directly should you have any questions about the enclosed materials. Thank you for your time and consideration. Sincerely, Charles A. Lawler Member Clark Hill PLC www.clarkhill.com Page 190 of 315 Response to Request for Proposal Prepared for City of East Lansing, MI City Attorney Services August 2020 www.clarkhill.com Page 191 of 315 CITY OF EAST LANSING, MI TABLE OF CONTENTS PAGE Executive Summary ...... 1 Business Organization ...... 3 Applicable Experience ...... 4 Attorney Identification ...... 12 Accessibility of Assigned Attorneys ...... 18 Facilities ...... 19 Representative Clients & References...... 20 Rate Proposal ...... 23 Additional Information...... 24 Appendix A – Professional Biographies ...... 26 Appendix B – Required Forms ...... 40 Clark Hill PLC www.clarkhill.com Page 192 of 315 CITY OF EAST LANSING, MI EXECUTIVE SUMMARY Clark Hill PLC appreciates the opportunity to present our qualifications to the City of East Lansing (the City) to serve as City Attorney for full-service legal representation covering the entire scope of the City’s municipal affairs. Why Clark Hill? Our sophisticated Municipal Law attorneys have decades of experience working at the forefront of emerging legal issues. We regularly counsel Michigan government entities on all legal matters faced by municipalities. Coupling this extensive experience with our attorneys’ prior work as in-house government attorneys, we offer the comprehensive and seamless capabilities needed to achieve the City’s goals. Breadth and Depth of Capabilities Our team is multidisciplinary, and we offer extensive experience in a range of practice areas to address the full scope of our clients’ legal needs. With more than 650 attorneys, we provide comprehensive services in a variety of areas, including 26 practice groups and 26 industry teams. Our key practices include Municipal Law; Labor and Employment; Banking and Financial Services; Bankruptcy; Construction; Corporate; Cybersecurity, Privacy, and Data Protection; Education; Environment, Energy, and Natural Resources; Government Affairs; Healthcare; Immigration; Insurance; Intellectual Property; Litigation; Real Estate; and Tax. We draw on professionals throughout the firm as required and believe that the full-service nature of our offering and our collaborative, “one team, one firm” dynamic will deepen the value we can add. Whatever advice is needed, we have the experienced team and internal resources to tailor our services to the City’s requirements. Extensive Michigan Municipal Representation We have served hundreds of municipal clients throughout Michigan and across the country, including cities, counties, villages, townships, road commissions, community mental health authorities, 911 authorities, schools, brownfield redevelopment authorities, downtown development authorities, economic develop corporations, fire and other emergency services boards and authorities, libraries, local development finance authorities, sanitary sewer authorities, tax increment financing authorities, utility authorities, water authorities, and other specialized entities. We team with municipalities to fully inform the governing council, municipal officers, and other governmental bodies of legally available options, of legal impacts and consequences, of risk assessments, etc. We understand municipal law is about community improvement, about service to the community’s residents and taxpayers, and about cost-effective and timely results. Clark Hill PLC P a g e 1 www.clarkhill.com Page 193 of 315 CITY OF EAST LANSING, MI Significant Local, State, and Federal Advocacy Capabilities Our Government and Regulatory Affairs practice offers a fully integrated suite of lobbying services based on a thorough understanding of legislative and regulatory issues, strategy development, and political network building at all levels. We draw on insights gained over our decades of experience in federal and state government to provide time-sensitive, strategy-based guidance at every step. With offices and experienced government affairs professionals in both Lansing and Washington, DC, we offer a one-stop shop for successful advocacy before the federal government, State of Michigan, and local government entities. We are strategically positioned as one of the few firms handling state lobbying in Michigan that also has a full-time, dedicated federal lobbying team in Washington. This deep government and regulatory affairs experience at every level help ensure that our clients’ voices are heard in the development of federal and state regulatory policy and legislation. Familiarity Working In Government In addition to our representation of municipalities while in private practice, our attorneys have gained significant insight into the inner workings of municipalities through prior government service. For example, Joseph W. Colaianne is a former assistant Oakland County prosecutor (and assistant Cook County State’s Attorney) and currently serves as Township Trustee and Planning Commissioner in Hartland Township. Nancy L. Mullett—another member of our proposed team—previously served as County Corporation Counsel and as an assistant prosecutor for Calhoun County. This experience ensures our attorneys not only fully understand the laws and regulations affecting municipalities, but also have a complete perspective of how municipalities operate and what issues are of importance to them. Our attorneys can identify with our municipal clients and seek ways to assure not only their legal needs, but their policy goals and objectives are met. Geographic Coverage As one of Michigan’s largest and oldest law firms, we have a significant presence and available resources surrounding the City. With four offices in Michigan, including Lansing, Grand Rapids, Detroit, and Birmingham, the City will benefit from our attorneys’ experience and knowledge of local and state policies, regulations, and venues. We are just as strong at the national level as well—with attorneys spread throughout 25 offices in the United States, Ireland, and Mexico—and have a team of highly talented municipal and authorities industry professionals with an impressive record of client service and accomplishments. Conclusion We have a thorough understanding of the legal and regulatory concerns facing the City and will leverage our team experience to employ best-practice strategies to efficiently and effectively address, resolve, and mitigate these issues. Clark Hill PLC P a g e 2 www.clarkhill.com Page 194 of 315 CITY OF EAST LANSING, MI BUSINESS ORGANIZATION Clark Hill is incorporated in Michigan and registered as a local vendor with the City of East Lansing. Should the City grant our firm the opportunity to provide City Attorney Services, the City would be served primarily from our Lansing office, but would have access to the resources of our entire team of attorneys and professionals in other Clark Hill offices, if needed. The following locations represent Clark Hill’s Michigan offices, and a complete list of our office locations is included on the final page of this proposal. Lansing Birmingham 212 E. Cesar Chavez Avenue 151 South Old Woodward, Suite 200 Lansing, MI 48906 Birmingham, MI 48009 517.318.3100 248.642.9692 Detroit Grand Rapids 500 Woodward Avenue, Suite 3500 200 Ottawa NW, Suite 500 Detroit, MI 48226 Grand Rapids, MI 49503 313.965.8300 616.608.1100 Terms & Conditions As explained in more detail below, Clark Hill agrees to the Terms and Conditions spelled out in the RFP and we consent to the City Scope of Work and Specifications included in the RFP as well, without any exceptions. Clark Hill is not a small, minority or woman owned business, however, we are committed to diversity, as we explain in more detail in this proposal, and we offer benefits to our employees and their family members. We acknowledge that the renewal or award of any contract with Clark Hill will require City Council reauthorization/authorization. We understand that the City Council reserves the right to enter into a contract for services of any duration, however, we request the minimum duration of a contract for services with Clark Hill be for three (3) years. We further acknowledge that any contract for services must be terminable at the will of the City Council upon 60 days’ notice. We agree that before executing any subcontract to perform work which is within the scope of services identified by this RFP, Clark Hill shall obtain prior approval of the City Council. Clark Hill accepts that a contract for services shall be solely for the benefit of the City Council of East Lansing, East Lansing residents, East Lansing government and the Provider of Services; that no contract will be made for the benefit of any third party; and that no action or defense may be founded upon any contract except by the parties hereto. Clark Hill accepts that a contract to provide City Attorney Services shall require that payments be made monthly upon receipt of the firm’s invoice. The contract shall also provide that the firm’s invoice include detailed information regarding time expended by classification and by task, as well as information regarding such items as mileage, materials, and other non-overhead costs. Clark Hill PLC P a g e 3 www.clarkhill.com Page 195 of 315 CITY OF EAST LANSING, MI APPLICABLE EXPERIENCE About Clark Hill Founded in Michigan in 1890, Clark Hill is a multidisciplinary, international law firm that provides innovative legal solutions and client-service excellence worldwide. Our work is guided by our deeply held shared values, including practicality, entrepreneurship, mutual respect, diversity, ethical behavior, and a commitment to client and community service. One of the largest firms in the United States—with more than 650 attorneys and professionals in 25 offices, spanning the United States as well as Dublin and Mexico City—we are a committed partner to a diverse range of leading brands, forward-thinking businesses, public entities, nonprofit organizations, and individuals. Our significant presence in Washington, DC, and our deep government relations and public affairs experience at every level help ensure that our clients’ voices are heard in the development of federal and state regulatory policy and legislation. Our investment in new service lines and programs—including comprehensive data protection and privacy solutions, proactive cyber and reputational assessments, reactive consulting support and crisis management, incident response plans, remediation and recovery, vendor and technology contracting, asset recovery services, internal investigations, and outsourced human resource consulting—further reinforces our ability to develop and deliver coordinated legal, business, and political strategies that achieve business success. Key Practices Clark Hill is organized into a variety of practice areas, which together offer the range of legal services our clients need. The firm’s Key Practice Areas include the following: Banking and Financial Services Healthcare Bankruptcy Immigration Construction Insurance and Reinsurance Corporate Intellectual Property Cybersecurity/Data Privacy International Law, Trade, and Transactions Education Labor and Employment Environment, Energy, and Natural Litigation Resources Municipal Law Fidelity/Surety and Coverage Real Estate Services Government and Regulatory Affairs Tax and Estate Planning Prior Services Provided to the City of East Lansing In March 2015, Joseph Colaianne and Clark Hill provided services for a project for the City and the East Lansing Downtown Development Authority, serving as a legal consultant in reviewing several development agreements relating to the Park District rehabilitation project. Clark Hill PLC P a g e 4 www.clarkhill.com Page 196 of 315 CITY OF EAST LANSING, MI Municipal Clients Clark Hill has an extensive Municipal Law Practice and we serve as general counsel to numerous governmental and inter-governmental entities across the United States—and particularly in Michigan— including cities, villages, and townships. As a result, our proposed team has a wealth of experience advising our clients on council and board matters, fiduciary obligations, ordinance drafting and prosecution, labor and employment matters including collective bargaining, public pension, retiree health and other post-employment benefits, land use and development matters, coordinating and participating with assessing officers regarding property tax disputes (including Michigan Tax Tribunal appeals), and assisting economic development efforts, as well as representing our clients’ interests at the state and federal level. Additional information on our municipal clients is found in the Representative Clients & References section of this proposal, on pages 20–21. Breadth and Depth of Firm Experience Following is a summary of the depth of experience Clark Hill can apply to its representation of the City of East Lansing. As a national law firm we have numerous areas of practice and our attorneys have the range of experience required to meet the varied needs of the City. Municipal Law The firm’s Municipal Law Group concentrates on the legal representation of municipalities and their respective authorities throughout the state of Michigan and beyond. Our attorneys have represented more than 200 municipalities and school districts as general counsel, chief negotiator, special counsel or bond counsel. Our experience encompasses all the legal matters a municipality may face. Clark Hill’s municipal attorneys do not serve in a manner typical of outside counsel. They understand that, under many city charters, as a “city attorney” they often serve as “officers” of the city. While they are legal advisers, they also become part of a “team” to fully inform the city council, city officers and other city bodies of legally available options, of legal impacts and consequences, of risk assessments, etc. Once the policy direction is given and decision made, they serve as part of that team to help implement that enunciated policy or decision. Clark Hill’s attorneys offer not only the experience and knowledge gained over decades of public sector law practice, but also the significant resources of Clark Hill’s other practices, cutting edge practice technology, and an array of other resources. Our experience, capabilities and resources result in more cost-effectiveness and more timeliness. Where other lawyers might expend hours in researching a question or in finding a suitable “pattern” to follow in a transaction, our attorneys can often answer a question over the phone and have vast data bases to use to address a particular issue or transaction. Clark Hill PLC P a g e 5 www.clarkhill.com Page 197 of 315 CITY OF EAST LANSING, MI Land Use, Zoning, Development & Growth Management Our attorneys have represented clients in all legal aspects relating to the use of land, including zoning, condemnation, and related litigation. Our land use practitioners are adept at guiding clients through the land use approval process, which can involve negotiating with governmental officials, applying for and obtaining site plan approvals, variances, and special land use permits. We have represented clients before a variety of governmental bodies such as planning commissions, zoning boards of appeal, and city councils. The attorneys at Clark Hill represent both property owners and governmental authorities in condemnation matters and have extensive experience appearing before state and federal courts. We have represented local governmental authorities on land use-related issues, including drafting and revising zoning ordinances, and in matters related to the government's exercise of the power of eminent domain. Our land use attorneys have broad "practical" experience, as a result of serving as members of planning commissions and zoning boards of appeal, and have participated in drafting, revising, and interpreting zoning ordinances. Additional Municipal Issues Based on our broad and extensive background in municipal law, we are prepared to assist the City of East Lansing with these additional important issues, including Ordinance Prosecution Environmental & Public Works Assessing/Tax Tribunal Collection/Creditors Rights Tax Increment Financing Election Law Inter-Local & Municipal Authority Agreements Our attorneys identify with our clients, seeking ways to assure not only their legal needs, but their policy goals and objectives are met. We understand municipal law is about community improvement, about service to the community’s residents and taxpayers, and about cost-effective and timely results. Municipal Finance Clark Hill’s municipal finance group assists our municipal clients with the legal aspects of their financial and borrowing needs and our attorneys regularly serve as bond counsel to municipalities. The Firm is identified in the Bond Buyer’s Municipal Marketplace as a “Recognized Bond Counsel”, is approved as bond counsel to Rural Development, and our attorneys are members of the National Association of Bond Lawyers. We have extensive experience in all aspects of the issuance of tax-exempt debt by municipalities. Our attorneys have comprehensive knowledge of federal and state laws that govern the issuance of tax- exempt debt. In addition, we have a thorough knowledge of the federal and state law requirements for Clark Hill PLC P a g e 6 www.clarkhill.com Page 198 of 315 CITY OF EAST LANSING, MI structuring municipal bond debt as well as state and local election laws. Clark Hill has a wealth of experience in drafting all legal documents relating to the issuance of tax-exempt debt. Our attorneys have acted as bond counsel in a large number of tax exempt bond transactions across the United States. We have extensive experience with many types of bond transactions including, unlimited tax general obligation bonds, revenue bonds, tax increment bonds for DDAs, LDFAs TIFAs and Brownfield Authorities, special assessment bonds, bonds issued by various authorities and refunding bonds. In particular, we have been bond counsel in the issuance of numerous bonds to finance the construction of water and sewer improvements. State/Federal Litigation Clark Hill has a long tradition of providing clients with quality litigation representation. That tradition is built on unwavering core values such as hard work, integrity, and providing clear and honest advice. It is our litigation team’s dedication to those core values that makes Clark Hill the law firm of choice for all litigation needs. We have a strong history of vigorous courtroom advocacy on behalf of our clients on both a state and federal level. But we are also mindful that often times our clients are best served by resolving the matter before it reaches the courtroom through various forms of alternative dispute resolution. Members of our litigation team are skilled negotiators, who have successfully resolved matters at mediation, facilitation, arbitration, and in administrative proceedings before state and federal agencies. Our litigation experience is as wide and varied as our clients’ businesses and legal needs. Our client base includes municipalities, governmental agencies, educational and nonprofit institutions, charitable organizations, public and private corporations, and individual enterprises. Our attorneys’ widely recognized skills and abilities, along with the depth of our bench, enable us to effectively handle every litigation matter. Labor and Employment Our Labor and Employment practice represents public and private employers, senior executives, and managers in all aspects of labor and employment law. Our mission is to provide clients with practical, cost-effective solutions that maximize the employer-employee relationship and minimize the financial, operational, and regulatory risks associated with labor and employment disputes. With decades of experience working at the forefront of emerging legal issues, we understand the vast legal challenges of the work environment. We are proactive and responsive. We help employers to anticipate and avoid potential problems whenever possible and reasonable; however, when litigation provides the better path to resolution, we are forceful advocates for our clients. Our attorneys have vast experience representing and counseling public employers on state and federal employment discrimination statutes, the Fair Labor Standards Act (FLSA), the Americans with Disabilities Act (ADA), the Age Discrimination in Employment Act (ADEA), and the Family and Medical Leave Act (FMLA), as well as similar Michigan public sector laws and regulations. We have represented public Clark Hill PLC P a g e 7 www.clarkhill.com Page 199 of 315 CITY OF EAST LANSING, MI sector clients, including transit authorities, counties, municipalities, state-supported universities, school districts, water and sewer authorities, regional police departments, and individual officials of these entities who have from time to time been sued in their official and/or individual capacities. Our proposed team regularly counsels public employers on critical issues such as: Collective bargaining and contract negotiations Binding interest and grievance arbitration Act 312 arbitration Administrative disciplinary hearings Unfair labor practice charges and bargaining unit certification proceedings Pension matters Hiring and promotion issues Misconduct investigations Ordinance and policy development and drafting Board counsel ADA/FMLA/Title VII, and similar Michigan public sector laws and regulations Veterans’ preference Virtually every labor and employment issue faced by a Michigan governmental agency Traditional Law/Collective Bargaining We advise employers of all sizes and across virtually all industries in connection with union representation, collective bargaining negotiations, administering collective bargaining agreements, strikes and lockouts preparations, labor arbitrations, and both Michigan Employment Relations Commission (MERC) and National Labor Relations Board (NLRB) proceedings. We regularly represent clients during collective bargaining negotiations. We meet with the client to identify and design proposals that meet their business objectives and assist in analyzing union proposals. In our role as chief negotiator, we have avoided strikes and successfully negotiated contracts that both met our clients’ objectives and provided harmony in the workplace. We also advise clients on the administration of collective bargaining agreements and the drafting of contract language to avoid unnecessary grievances. In the event a grievance is filed, we have extensive experience in contract interpretation and discipline arbitrations. As a firm, we have appeared in hundreds of labor arbitrations on behalf of management. Civil Rights, §1983 Our experienced litigators and trial attorneys handle a wide variety of employment-related claims and litigation, including multi-plaintiff, multi-jurisdictional, and class action matters. In particular, our attorneys have represented government entities as well as individual citizens in civil rights and §1983 litigation. Our attorneys have handled the defense of several civil rights matters (mainly discrimination actions) including alleged discrimination against women, regarding sexual orientation, and reverse discrimination by men on behalf of various clients. We also routinely litigate excessive force §1983 Clark Hill PLC P a g e 8 www.clarkhill.com Page 200 of 315 CITY OF EAST LANSING, MI litigation representing police officers and defend public entities in §1983 litigation arising out of public employment. Public Pension Funds & Employee Benefits Clark Hill has significant experience representing public sector clients, including counsel with respect to employment and employee benefits related matters. Our attorneys are experienced in dealing with issues particular to governmental entities and tax-exempt organizations, including 403(b) plans, 457(b) plans, 457(f) plans and intermediate sanction rules. Clark Hill’s employee benefits team of attorneys counsel businesses, governmental entities and individual clients regarding a full range of benefits issues. Our full line of employee benefits services include: Drafting and implementation of plans Preparation of IRS, Department of Labor and PBGC filings Assistance with IRS, Department of Labor and PBGC plan audits Qualified plan correction program compliance Retiree Health and OPEB Fiduciary Counsel Clark Hill regularly advises pension funds on a range of fiduciary issues, such as the fiduciary duties of trustees, the common law of trusts, Michigan state laws, applicable federal tax statutes, and regulations and other relevant state and federal statutes and rules. The firm has extensive experience providing fiduciary ancillary services for public plans in highly regulated environments. These services included analysis and compliance with Constitutional, statutory and regulatory obligations including initiating litigation (in discharge of fiduciary obligations) to enforce rights due to public pension plans. The firm meets directly with legislators to discuss legislation which might impact public pension plans or impact the scope of fiduciary duties and has participated actively in drafting legislation and monitoring legislative activity. Investment Counsel Clark Hill advises pension and qualified retirement plans on the variety of state, federal, and applicable non-U.S. securities laws and additional regulations, such as anti-money laundering, pay-to-play and Foreign Account Tax Compliance Act (FATCA), that impact these plans. We advise on general ERISA principles, general public pension and trust law principles, and fiduciary duties under both state and non-U.S. law. Applying our knowledge of fund jurisdictional and organizational issues relevant to nontaxable investors, we advise clients regarding favorable investment tax structures, tax efficient distributions, and other fund requirements. Our clients rely on us to provide advice regarding the investment of plan assets in real estate, hedge funds, private equity funds, fixed income, and collective investment trusts. In the sphere of funds that Clark Hill PLC P a g e 9 www.clarkhill.com Page 201 of 315 CITY OF EAST LANSING, MI may have ERISA sensitive investors, our work often involves addressing whether an alternative investment vehicle will constitute “plan assets” subject to the fiduciary and prohibited transaction rules. Public Employee Health Plans Our legal team has experience guiding clients with issues related to insurance and group benefits plans and applicable federal and state laws and regulations. Our experience includes reviewing our client’s policies and procedures to provide recommendations and best practices pertaining to the Affordable Care Act (ACA), HIPAA, Consolidated Omnibus Budget Reconciliation Act (COBRA) coverage, Mental Health Parity and Addiction Equity Act (MHPAEA), Emergency Medical Treatment and Labor Act (EMTALA), Genetic Information Nondiscrimination Act (GINA), Fraud and Abuse Laws, data privacy, and other state and federal laws regarding employee group benefits and related matters. We advise clients on actions needed, including specific changes in plan provisions, to ensure that insurance and related benefit plans remain in compliance with these applicable laws and regulations. Marijuana Laws Today, more than half of U.S. states, including Michigan, have passed legislation and/or voter-led initiatives legalizing the medical and recreational use of marijuana. While marijuana cultivation, distribution, sales, and use remain illegal at the federal level, the combined interests of patients, consumers, business owners, investors, and state law enforcement agencies and revenue departments have fostered unprecedented growth in this nascent industry. With rapid development, however, comes significant uncertainty. As state agencies and local municipalities are working to develop and implement effective regulatory schemes and procedures, businesses, investors, landlords, and lenders are in turn striving to take full advantage of emerging opportunities without incurring unnecessary risk. At Clark Hill, our attorneys have been involved in the industry since the earliest days of the recent legalization movement. From our offices across the country (all of which are located in states that have approved marijuana use in some form), we have advocated for industry groups, trade associations, and other clients on a range of legislative initiatives and regulatory policy matters. We have helped draft numerous statutes, ordinances, ballot measures and referenda, and have litigated related election law disputes. We provide comprehensive, cross-disciplinary counsel to growers, processors, caregivers, transporters, lenders, investors and other cannabis-industry clients on issues familiar to companies in any sector. Our guidance is further refined by our deep understanding of the complex, nuanced and often-conflicting requirements of federal and state law enforcement officials and regulatory agencies. Our significant experience advising clients in the area of marijuana law includes these issues that may be of concern to the City of East Lansing: Environmental law Government relations and legislative advocacy Clark Hill PLC P a g e 1 0 www.clarkhill.com Page 202 of 315 CITY OF EAST LANSING, MI Occupational health and safety Taxation and tax controversies As industry thought leaders on the legalization of marijuana, we have made numerous presentations to interest groups, trade associations, and state and local legislative bodies, and have written a number of articles exploring emerging concerns, court decisions, and regulatory and legislative developments at the local, state and federal levels. Clark Hill PLC P a g e 1 1 www.clarkhill.com Page 203 of 315 CITY OF EAST LANSING, MI ATTORNEY IDENTIFICATION Should the City accept Clark Hill’s proposal, Joseph W. Colaianne would be appointed as the City Attorney for all matters for East Lansing. Joe is Senior Counsel with Clark Hill’s Education and Municipal Group and has more than 20 years of experience in municipal and public sector law. In his work as City Attorney, Joe would be assisted by other Clark Hill attorneys with specific knowledge and practice area experience that will be of benefit to the City. Following are short descriptions of the qualifications and experience of each member of the team. Detailed Professional Biographies are included in Appendix A of this proposal. Each member of the team has deep ties and long standing commitment to the Greater Lansing region. The attorneys listed in this section are admitted to practice in both the Eastern and Western Districts of the Federal District Court of Michigan. Joseph W. Colaianne | Senior Counsel Lansing Education and Municipal Law | Construction | Environment, Energy, and Natural Resources | Litigation | Real Estate Services 212 East Cesar E. Chavez Avenue, Lansing, MI 48906 t: (517) 318-3029 | m: (248) 431-0769 | e: [email protected] Joe’s more than 20 years of experience in municipal and public sector law includes representing counties, cities, village, townships, drainage districts, public authorities (Act 233 Water and Sewer Authorities, Parks and Recreation Authorities, Drainage District), parks and recreation authorities/commissions, and other special purpose bodies. Joe’s practice includes assisting municipalities with: Municipal transactional issues (preparation and negotiation of Intermunicipal Contracts; Planned Development Agreements; vendor and professional service contracts; and government asset purchases) FOIA, Open Meetings Act Ordinance and policy drafting (e.g. zoning and other ordinances, governmental ethics policies etc.). Governance (i.e. the formation and governance of public entities, e.g. Downtown Development Authorities; and special assessment districts – preparation of articles of incorporation, bylaws etc.). Public infrastructure and Municipal Finance (i.e. water, sewer, storm drains, roads) planning, financing, and other transactional issues (e.g. sale and purchase of governmental assets). Public Construction Projects, bidding, contract drafting, and contract management. Real estate tax and related issues. Prior to joining the Clark Hill team, Joe served as corporation counsel for the Huron-Clinton Metropolitan Authority, and as counsel and insurance administrator for the Oakland County Water Resources Commissioner. Joe is a former assistant Oakland County prosecutor (and assistant Cook Clark Hill PLC P a g e 1 2 www.clarkhill.com Page 204 of 315 CITY OF EAST LANSING, MI County State’s Attorney), and currently serves as Township Trustee and Planning Commissioner in Hartland Township, Livingston County. Residence Address: Milford, MI Bar Number: P47404 Law School Graduation Date: 1990 Law School: DePaul University College of Law, Chicago, Illinois Michigan Bar Admission Date: 1992 Nancy L. Mullett | Member Grand Rapids Education and Municipal Law | Labor and Employment 200 Ottawa NW, Suite 500, Grand Rapids, MI 49503 t: +1 (616) 608-1147 | m: +1 (269) 615-0834 | e: [email protected] Nancy helps public and private employers navigate state and federal law on a variety of matters. As a member in Clark Hill's Grand Rapids office, Nancy practices in the firm’s Education and Municipal Law Practice Group and has extensive experience with labor negotiations, employee misconduct, discrimination/harassment complaints, best practices in human resources, and wage and hour laws. Prior to joining Clark Hill, Nancy served as the Corporation Counsel for Calhoun County where she focused on all aspects of municipal law and acted as the chief negotiator for the County’s collective bargaining units. In addition, Nancy worked as an assistant prosecutor for Calhoun County and as a special assistant attorney general for the Michigan Attorney General’s Office. Residence Address: East Leroy, MI Bar Number: P44713 Law School Graduation Date: 1990 Law School: Thomas M. Cooley Law School, Lansing, Michigan Michigan Bar Admission Date: 1990 Zachary C. Larsen | Senior Attorney Lansing Environment, Energy, and Natural Resources | Litigation | Education and Municipal Law | Tax and Estate Planning 212 East Cesar E. Chavez Avenue, Lansing, MI 48906 t: +1 (517) 318-3053 | e: [email protected] Zach has litigated some of the most significant cases in Michigan during the past decade, including representing the State and its officials in the Flint water litigation, successfully defending against a Headlee Amendment claim and Administrative Procedures Act challenge to the $2.5 billion regulatory overhaul of Michigan’s lead and copper rule, and helping to save the treasury $1.6 billion in claimed refunds in 50 consolidated business tax cases brought by out-of-state corporations under the Multistate Tax Compact. Clark Hill PLC P a g e 1 3 www.clarkhill.com Page 205 of 315 CITY OF EAST LANSING, MI Zach served for eight years as an assistant attorney general on issues of environmental, tax, and administrative law. He has handled cases at all levels of both the state and federal judiciary—from presenting evidence at hearings in trial courts and administrative tribunals to arguing at the Michigan Supreme Court and U.S. Court of Appeals for the Sixth Circuit. Residence Address: East Lansing, MI Bar Number: P72189 Law School Graduation Date: 2008 Law School: Ave Maria School of Law, Naples, Florida Michigan Bar Admission Date: 2008 Charles A. Lawler | Member Member-In-Charge of Clark Hill’s Lansing, Michigan office, Lansing Litigation | Construction | Corporate | Education and Municipal Law | Construction 212 East Cesar E. Chavez Avenue, Lansing, MI 48906 t: (517) 318-3016 | m: (517) 896-8355 | e: [email protected] A member in the Litigation practice and the Member-In-Charge of Clark Hill’s Lansing, Michigan office, Charley has leveraged his extensive business and legal experience to build a significant practice over the years serving as an advisor and problem solver for businesses and individuals who seek to expand their opportunities and mitigate their risk. His practice also comprises municipal law issues, including the representation of County Treasurers in tax collection and foreclosure disputes. He has represented a number of treasurers in the Michigan Court of Appeals, Michigan Supreme Court and the United States District Courts relating to foreclosure issues. He also has presented at the Michigan Association of County Treasurers Conferences. Residence Address: Okemos, MI Bar Number: P64165 Law School Graduation Date: 2004 Law School: Michigan State University College of Law, East Lansing, Michigan Michigan Bar Admission Date: 2005 Ronald A. King | Member Lansing Public Pension Law | Litigation | Environment, Energy, and Natural Resources | Intellectual Property | Real Estate Services 212 East Cesar E. Chavez Avenue, Lansing, MI 48906 t: (517) 318-3015 | m: (517) 449-2860 | e: [email protected] Ron has substantial experience in the area of public pension law and presently serves as Outside General Counsel to the Police and Fire Retirement System (PFRS) of the City of Detroit. He has served as special counsel and lead trial counsel for the General Retirement System of the City of Detroit and the PFRS since 2006. He advised the retirement systems and played a lead role on their behalf leading up to and following Detroit’s historic Chapter 9 bankruptcy case. Ron has significant experience addressing a Clark Hill PLC P a g e 1 4 www.clarkhill.com Page 206 of 315 CITY OF EAST LANSING, MI multitude of public pension issues including, working with municipal plan sponsors in addressing funding/underfunding issues. He has experience in plan design, benefits and investments. Ron brings a wealth of legal and practical experience to help clients solve a wide range of complex business, administrative and regulatory problems. Residence Address: Okemos, MI Bar Number: P45088 Law School Graduation Date: 1991 Law School: Wayne State University Law School, Detroit, Michigan Michigan Bar Admission Date: 1991 Marshall W. Grate | Senior Attorney Grand Rapids Education and Municipal Law | Labor and Employment 200 Ottawa NW, Suite 500, Grand Rapids, MI 49503 t: +1 (616) 608-1103 | m: +1 (616) 402-0491 | e: [email protected] Marshall focuses his practice in public school law, labor and employment law, municipal corporations, and private-sector employers. Marshall has broad experience in all labor and employment matters, and focuses on school code compliance, FERPA, constitutional legal issues that affect public schools, personnel administration, wage and hour issues, employment discrimination (EEOC), teacher tenure cases, the FMLA, unfair labor practices, collective bargaining, mediation, fact-finding, and labor arbitration. Residence Address: Grand Rapids, MI Bar Number: P37728 Law School Graduation Date: 1981 Law School: University Robert H. McKinney School of Law, Indianapolis, Indiana Michigan Bar Admission Date: 1985 Michael J. Pattwell | Member Lansing Environment, Energy, and Natural Resources | Construction | Education and Municipal Law | Government and Public Affairs | Litigation | Automotive | Manufacturing | Banking & Finance | Construction | Energy, Oil & Gas | Franchising, Licensing & Distribution | Mining | Transportation & Logistics 212 East Cesar E. Chavez Avenue, Lansing, MI 48906 t: (517) 318-3043 | m: (517) 897-1087 | e: [email protected] Mike is an innovative problem-solver with substantial experience in the field of environmental, energy, political, and commercial law. He has represented several state agencies and executive officials as a Special Assistant Attorney General and has served as outside general counsel to a number of state-wide associations including the Association of Businesses Advocating Tariff Equity, the Michigan Cannabis Clark Hill PLC P a g e 1 5 www.clarkhill.com Page 207 of 315 CITY OF EAST LANSING, MI Industry Association, and the Michigan Republican Party. He holds the highest “AV®” Preeminent peer rating from Martindale-Hubbell with the highest ethical standing, is consistently recognized by Super Lawyers as a Rising Star (2013-2018) in the field of business and environmental litigation, and is named in Best Lawyers for environmental litigation. Residence Address: DeWitt, MI Bar Number: P72419 Law School Graduation Date: 2006 Law School: Washington and Lee University School of Law, Lexington, Virginia Michigan Bar Admission Date: 2008 DC Bar Admission Date: 2007 WV Bar Admission Date: 2006 Delbert J. Chenault | Director of Governmental Affairs Lansing Government and Public Affairs | Healthcare 212 East Cesar E. Chavez Avenue, Lansing, MI 48906 t: +1 (517) 318-3036 | m: +1 (517) 282-3764 | e: [email protected] Del has more than 25 years of legislative, political, and public affairs experience working at the highest levels of local, state, and national government. For the past 18 years, Del has been engaged as a multi- client lobbyist working on issues as varied as appropriations, banking, pharmaceutical regulation, taxation, and gaming. He can provide valuable assistance advocating for the interests of the City of East Lansing before Michigan state representatives and agencies. Residence Address: East Lansing, MI Bar Number: N/A Law School Graduation Date: N/A Law School: N/A Michigan Bar Admission Date: N/A Kelly E. Kane | Associate Lansing Construction | Litigation 212 East Cesar E. Chavez Avenue, Lansing, MI 48906 t: +1 (517) 318-3027 | e: [email protected] Kelly is an associate in the Construction practice, where she represents a variety of owners, suppliers and contractors in civil and commercial construction disputes. While attending Michigan State University College of Law, Kelly served as a student clerk in the Corporate Oversight Division for the Michigan Department of Attorney General, where she aided attorneys in the prosecution of violations of the Michigan Consumer Protection Act and Public Health Code. Clark Hill PLC P a g e 1 6 www.clarkhill.com Page 208 of 315 CITY OF EAST LANSING, MI Residence Address: Royal Oak, MI Bar Number: P81912 Law School Graduation Date: 2017 Law School: Michigan State University College of Law Michigan Bar Admission Date: 2017 Attorney Practice Area Our proposed team members each have experience in specific areas relevant to the City. This means that should certain matters develop, Clark Hill would already have attorneys in place to quickly accommodate the City’s needs. The following chart indicates the areas of focus of each team member: Practice Area Attorney Team Joseph Colaianne, Charles Lawler, Ronald King, General Municipal Nancy Mullett and Marshall Grate Inter-Local & Municipal Authority Agreements Joseph Colaianne and Nancy Mullett State/Federal Litigation Charles Lawler, Ronald King and Michael Pattwell Ordinance Prosecution Charles Lawler and Joseph Colaianne Michael Pattwell, Ronald King, and Joseph Environmental & Public Works Colaianne Labor & Employment/Employee Benefits Nancy Mullett, Ronald King, and Marshall Grate Municipal Finance/Bond Counsel Joseph Colaianne Assessing/Tax Tribunal Charles Lawler Collection/Creditors Rights Charles Lawler Tax Increment Financing Joseph Colaianne Joseph Colaianne, Ronald King and Michael Land Use & Zoning Pattwell Joseph Colaianne, Ronald King and Michael Development & Growth Management Pattwell Election Law Marshall Grate and Michael Pattwell Pension Plans/Liabilities Ronald A. King Marijuana Michael J. Pattwell Clark Hill PLC P a g e 1 7 www.clarkhill.com Page 209 of 315 CITY OF EAST LANSING, MI ACCESSIBILITY OF ASSIGNED ATTORNEYS If selected to serve the City of East Lansing, we know you will want a responsive team. Our Lansing office is only about five miles (a 15-minutes’ drive) from the City’s offices. Additionally, through conference calling, e-mailing, webinars, cell phones, we are imminently accessible. We will also try to coordinate meetings, court appearances, etc. for greatest efficiency and will schedule planned meetings in advance. At most, only a few hours’ notice would be required to attend ad-hoc meetings. Consistent with the foregoing, we are very prompt and responsive. We believe the best way to judge this is to ask our references as noted on page 21. We invite you to contact any of them to get their impressions of our service. Furthermore, with our depth of experience, we can and do respond as quickly as needed and as desired. Our experience and knowledge means we can often address issues with a single phone call. If some review of the applicable law is needed, it is often just that, a review—not extensive, time-consuming and, therefore, costly, research. With a strong state-wide depth of experience, we have knowledge and skill to fall back on in handling many municipal issues, and since we do not have to “start from scratch” our response is timely and the cost of handling the issue is often less than what the cost would be if the project were handled by a firm with lower hourly rates. Our Commitment to Clients Whatever—and whenever—the advice our clients need, we will have an experienced team and appropriate resources ready to assist. All workstreams are managed by senior leaders and all tasks will be carried out at the appropriate experience and cost level. We commit that our team will be available when needed both inside and outside normal working hours. We will work in advance of deadlines and will not “over lawyer” matters assigned by the City of East Lansing. We guarantee consistent, first-class service delivery to our clients. This level of service is further guaranteed by the assurance that we can offer supplemental, experienced resources and the flexibility to instantly respond to any priority that may arise. We will aim to be a strategic partner and trusted advisor for the City. Our attorneys and professionals will work hard to maintain and deepen a thorough understanding of your businesses, objectives, and the risks and challenges facing you. We will help you identify, avoid, and solve problems while taking into consideration overall business strategy, objectives, risk tolerances, cost concerns, and other factors of importance to the City of East Lansing. Clark Hill PLC P a g e 1 8 www.clarkhill.com Page 210 of 315 CITY OF EAST LANSING, MI FACILITIES The City of East Lansing would primarily be served from our Lansing office, located in Old Town at 212 East Cesar E. Chavez Avenue, Lansing, MI 48906. This Clark Hill location is home to 10 full-time attorneys licensed to practice in Michigan. The Lansing office is also the home to the Director of Governmental Affairs (Delbert J. Chenault), a Government Relations Consultant (Ashley E. Ligon), a Legislative Consultant (Sara C. Hernly). Our Lansing office is fully equipped to manage the legal needs of the City. Additionally, professionals in all of our offices can remotely access any data elements provided by clients via VPN, which is also accessible on-site; however, it is important to note that our remote technology utilizes the same security measures that are employed when working internally – i.e. unique login and passwords. Data that is not available on-site would not be available remotely. All sensitive client data in email messages, including attachments, are encrypted when sent outside the firm network, and the circulation of information on paper documents is strictly controlled in order to prevent information theft and fraud. Procedures are also in place to protect documents, computer media, data, and system documentation from damage, theft, and unauthorized access. Clark Hill maintains a multi-faceted security approach including end user training, anti-virus, anti- malware and end point monitoring at the desktop, network monitoring and active traffic monitoring to identify any potential anomalies. We also actively manage our email environments to eliminate or reduce the amount of malware trying to enter the environment. We have an overall encryption strategy to protect client data. Clark Hill actively maintains our overall security platform and actively updates and adjusts to new threats which may be present. In addition, Clark Hill provides clients with a web-based document and data management tool, which allows clients access to their current or past matters in real time from anywhere in the world. Our attorneys utilize this tool in many ways, from communicating with clients to managing complex multi- matter cases nationally. Clark Hill PLC P a g e 1 9 www.clarkhill.com Page 211 of 315 CITY OF EAST LANSING, MI REPRESENTATIVE CLIENTS & REFERENCES Representative Clients Clark hill has or currently serves as general municipal counsel to the following Michigan communities: City of Battle Creek Village of Cassopolis City of Otsego Village of Mackinaw City City of Portland Village of Pewamo City of South Haven Village of Hubbardston City of Wakefield Township of Campbell Additionally, we provide, or have provided, various legal services to the following Michigan municipalities or related entities: Allegan (city) Croton Township Green Oak Charter Alpena County Delta Township Township Alpena County Detroit Grosse Pointe Shores Treasurer Detroit Public Library Hesperia Bangor Dorr Township Howard Baraga County Dowagiac Hudson Township Baraga County East Bay Charter Ingham County Treasurer Township Ingham County Drain Belding East Lansing Commissioner Berrien County Eaton County Ingham County Brevort Township Eaton County Treasurer Calhoun County Eaton County Iron County Calhoun County Treasurer Treasurer Treasurer Eau Claire Kalamazoo County Carson City Egelston Township Treasurer Cedar Springs Elm River Township Kalkaska County Cedarville Township Emmet County Treasurer Charlevoix County Treasurer L’Anse Charlevoix County Emmett County Lake Isabella Treasurer Gladwin County Lake Odessa Charlotte Treasurer Lake Odessa Charter Township of Grand Haven Community Library Grand Blanc Grand Rapids Lake Township Clark Township Grand Traverse Lansing Corunna County Lapeer County Road Crawford County Grant Commission Crawford County Gratiot County Drain Lee Township Treasurer Commissioner Clark Hill PLC P a g e 2 0 www.clarkhill.com Page 212 of 315 CITY OF EAST LANSING, MI Leelanau County Ontonagon County Stanton Treasurer Treasurer Suttons Bay Leighton Township Perry Three Oaks Lenawee County Plainfield Charter Van Buren County Mackinac County Township Walker Manton Plainwell Warren Midland County Pontiac Washtenaw County Treasurer Portage Washtenaw County Montcalm County Presque Isle County Drain Commissioner Mt. Pleasant Presque Isle County Washtenaw County Newaygo County Treasurer Treasurer Treasurer Rolland Township Watervliet Norway Township Sand Lake Wayne County Oakland County Saugatuck Township Wayne County Road Commission South Haven Treasurer Ontonagon County Southfield DDA Wyoming St. Joseph References City of Battle Creek Rebecca L. Fleury, City Manager Email [email protected] 269.966.1205 Berrien County Brian Dissette, County Administrator Email: [email protected] 269.983-7111 ext 8905 (Former South Haven City Manager) Police and Fire Retirement System of the City of Detroit David Cetlinski, Executive Director Email: [email protected] Phone: 313.224.3362 Clark Hill PLC P a g e 2 1 www.clarkhill.com Page 213 of 315 CITY OF EAST LANSING, MI Ingham County Eric Schertzing, Treasurer Email: [email protected] Phone: 517.676.7233 St. Clair Shores Mike Smith, City Manager Email: [email protected] Phone: 586.445.4313 Michigan Cannabis Industry Association Robin Schneider, Executive Director Email: [email protected] Phone: 517.974-2265 Clark Hill PLC P a g e 2 2 www.clarkhill.com Page 214 of 315 CITY OF EAST LANSING, MI RATE PROPOSAL We recognize that an important component toward helping the City control external costs includes, but is not limited to, legal fees. Our staffing model and service will take controlling costs into consideration in all areas of representation. While we are more than willing to quote specific hourly rates for all services, our experience with municipal clients, is that the predictability and certainty of fixed fee arrangements seems to work best. Accordingly, we propose the following for the Scope of Services set forth on page 13 of the RFP, except for those services identified below: A capped monthly fee of $42,000 to be billed each month or in whatever manner best suits the needs of the City. If our fees in a given month do not reach the fee cap, the City will pay the lesser amount for the fees worked. We propose this approach as a billing procedure to help the City with budgeting. We propose to provide certain specialized services set forth below on an hourly basis or under a separate fee arrangement mutually agreed upon with the City. Some of these services may, depending on circumstances, fall under the capped fixed fee arrangement. However, depending on the complexity of the matter and specialization required to best serve the City, certain services may fall outside the capped fixed fee arrangement. Those services include: Appellate Matters Federal District Court Matters Services as Bond Counsel that are typically billed as a flat fee Unique Tax and Millage matters Unique Development Matters Other specialized advisory services not ordinarily included in the Scope of Service Our preference is to provide the services excepted above under a mutually agreed upon alternative fee arrangement. To the extent these matters are undertaken on an hourly fee arrangement, the lead attorneys identified previously who will supervise all matters, Firm Associates, Senior Attorneys, Senior Counsel, and Paralegals will be utilized at the lowest possible billing rates for the City’s benefit. We propose hourly services to the City at the following rates: Attorney Title Hourly Rate Member $250–$325 Senior Attorney/Senior Counsel $250–$275 Associate $250 Paralegal $150 Clark Hill PLC P a g e 2 3 www.clarkhill.com Page 215 of 315 CITY OF EAST LANSING, MI ADDITIONAL INFORMATION Commitment to Diversity Clark Hill values the unique differences and strengths that each person brings to our firm, our clients, and our communities. We are committed to promoting what makes people the unique individuals they are, including racial, cultural and socioeconomic backgrounds, life experiences, education, career choices, family responsibilities, hobbies, personal values, personality profiles, politics, religion, sexual orientation, gender identity, and much, much more. We welcome the opportunity to learn through dialogue and embrace the possibilities inherent in our shared humanity. Diversity Begins at Home Insisting on creating our own strong, diverse workforce is the most powerful way to demonstrate our commitment to these principles. Our Diversity and Inclusion Committee directs three core programs that serve as the cornerstones of our effort to make the firm a welcoming workplace and to effectively prepare the leaders of the future: ClarkHill THRIVE, emphasizing the value of multiculturalism ClarkHill BOLD, preparing and promoting women for leadership ClarkHill PRIDE, elevating and supporting lesbian, gay, bisexual, transgendered, and questioning (LGBTQ) lawyers, professionals, and staff The strategies and initiatives of these core programs work together to increase the representation of women, minorities and others at every level of the firm, including in management and attorney leadership. Among the Equity Members of our firm, thirteen percent are women and seven percent are minorities. Overall, thirty-one percent of our attorneys are women and twelve percent are minorities. Women and minority attorneys serve the firm at every level, including as members of the Executive Committee that governs the firm, as Practice Group leaders and as Members in Charge of specific Clark Hill offices. Diversity in the Legal Profession To promote the values of inclusion, we partner with a number of organizations throughout the legal profession and at law schools across the country that foster the success of lawyers from varied backgrounds and with diverse interests. At the firm and office levels, we regularly sponsor these organizations’ networking, fundraising, volunteer, and charitable initiatives. These groups include the following: Detroit Arab Community Center for Economic & Social Services Leadership Council on Legal Diversity Michigan Community Action Agency Association Michigan Minority Women's Network Clark Hill PLC P a g e 2 4 www.clarkhill.com Page 216 of 315 CITY OF EAST LANSING, MI Michigan Women Lawyers' Association National Black Law Students Association Clark Hill Cares Clark Hill Cares is the pro-social community involvement effort supported throughout the firm. Through our employees, we have been an active participant in community efforts through organized volunteer programs, pro-bono legal services, and service to the nonprofit community in each city where our offices are located. Our attorneys and other professionals also regularly participate in community associations and have active interests on nonprofit boards, foundations, and other community organizations. Clark Hill PLC P a g e 2 5 www.clarkhill.com Page 217 of 315 CITY OF EAST LANSING, MI APPENDIX A – PROFESSIONAL BIOGRAPHIES Joseph W. Colaianne | Senior Counsel Lansing Education and Municipal Law | Construction | Environment, Energy, and Natural Resources | Litigation | Real Estate Services 212 East Cesar E. Chavez Avenue, Lansing, MI 48906 t: +1 (517) 318-3029 | m: +1 (248) 431-0769 | e: [email protected] Practice Overview Joseph W. Colaianne is senior counsel with Clark Hill’s Education and Municipal Law practice. Joe is an attorney with more than 20 years of experience in municipal and public sector law. Prior to joining the Clark Hill team, Joe served as corporation counsel for the Huron-Clinton Metropolitan Authority, and as counsel and insurance administrator for the Oakland County Water Resources Commissioner. Joe has extensive experience with public works projects. As counsel and insurance administrator for the Oakland County Water Resources Commissioner (WRC), Joe was directly involved with the negotiation and transfer of the Oakland-Macomb Interceptor from the City of Detroit to the Oakland-Macomb Interceptor Drain Drainage District. This transfer was the first step in the $160 Million rehabilitation of a 37-year old 21-mile sewer serving 830,000 residents in 24 separate communities in Oakland and Macomb Counties. Joe served as the WRC’s legal representative overseeing the municipal and legal affairs of the OMI drainage district. Joe was also involved in the monetization and transfer of the City of Pontiac wastewater treatment facility; George W. Kuhn Drain rehabilitation project; and various other public work projects throughout Oakland County. As the WRC representative, Joe was directly involved in the negotiation of intergovernmental water and sewer contracts with the Detroit Water and Sewerage Department (DWSD). Joe received his Juris Doctor from DePaul University College of Law in 1990, and is a graduate of James Madison College at Michigan State University, 1987. Joe has significant experience with assisting public clients understand the available options and process for financing improvements such as water, sewer and drainage projects. His legal experience includes managing multiple and complex projects with conflicting priorities, real estate acquisitions, environmental issues, construction litigation and the finance of public works projects. In the area of municipal law, Joe counsels clients in matters of Open Meetings Act and Freedom of Information Act compliance, and general municipal governance. He has practiced before the federal and state courts, and administrative agencies. Joe is a Hartland Township Trustee and also serves on Hartland’s Planning Commission. He is co-founder of the non-profit Hartland Enrichment and Recreation Organization (HERO). HERO was established for the purpose of enhancing and enriching educational, recreational and athletic opportunities in the Hartland Consolidated School District. The organization operates the Next Door Hartland Teen Center which provides an afterschool haven for teens. Joe has been a presenter at Michigan Association of County Drain Commissioner conferences and “New Drain Commissioner’s School.” His last presentation was in January 2013, entitled “Chapter 20 Drains.” Clark Hill PLC P a g e 2 6 www.clarkhill.com Page 218 of 315 CITY OF EAST LANSING, MI Education: DePaul University College of Law, J.D. - Juris Doctor, 1990 | Michigan State University, James Madison College, B.A. - Bachelor of Arts, 1987 Bar Licenses: Michigan Court Admission: U.S. District Ct., E.D. of Michigan Memberships: Michigan Association of County Drain Commissioners | Michigan Association of Municipal Attorneys | Michigan Association of Planning | National Association of Bond Lawyers | Oakland County Bar Association Clark Hill PLC P a g e 2 7 www.clarkhill.com Page 219 of 315 CITY OF EAST LANSING, MI Nancy L. Mullett | Member Grand Rapids Education and Municipal Law | Labor and Employment 200 Ottawa NW, Suite 500, Grand Rapids, MI 49503 t: +1 (616) 608-1147 | m: +1 (269) 615-0834 | e: [email protected] Practice Overview Nancy L. Mullett helps public and private employers navigate state and federal law on a variety of matters. As a member in Clark Hill's Grand Rapids office, Nancy practices in the firm’s Education and Municipal Law Practice Group and has extensive experience with labor negotiations, employee misconduct, discrimination/harassment complaints, best practices in human resources, and wage and hour laws. Prior to joining Clark Hill, Nancy served as a shareholder in the firm Kreis Enderle Hudgin & Borsos, PLC, as the Corporation Counsel for Calhoun County where she focused on all aspects of municipal law and acted as the chief negotiator for the County’s collective bargaining units. In addition, Nancy worked as an assistant prosecutor for Calhoun County and as a special assistant attorney general for the Michigan Attorney General’s Office. Nancy is actively involved and committed to her community. She serves on the board of several foundations and nonprofit agencies and volunteers regularly at various school and community functions. Education: Thomas M. Cooley Law School, J.D. - Juris Doctor | Western Michigan University, Cooley Law School, LL.M - Master of Laws | Central Michigan University, B.A. - Bachelor of Arts Bar Licenses: Michigan Court Admission: U.S. District Ct., E.D. of Michigan | U.S. District Ct., W.D. of Michigan Memberships: Area Agency on Aging Board | Battle Creek Master Singers Board | Battle Creek YMCA Board | Calhoun County Health Board | Rotary Club of Battle Creek | State Bar of Michigan – Justice Initiatives Policy Board | St. Philip Council of Catholic Women Clark Hill PLC P a g e 2 8 www.clarkhill.com Page 220 of 315 CITY OF EAST LANSING, MI Zachary C. Larsen | Senior Attorney Lansing Environment, Energy, and Natural Resources | Litigation | Education and Municipal Law | Tax and Estate Planning 212 East Cesar E. Chavez Avenue, Lansing, MI 48906 t: +1 (517) 318-3053 | e: [email protected] Practice Overview Zachary C. Larsen has litigated some of the most significant cases in Michigan during the past decade, including representing the State and its officials in the Flint water litigation, successfully defending against a Headlee Amendment claim and Administrative Procedures Act challenge to the $2.5 billion regulatory overhaul of Michigan’s lead and copper rule, and helping to save the treasury $1.6 billion in claimed refunds in 50 consolidated business tax cases brought by out-of-state corporations under the Multistate Tax Compact. Zach served for eight years as an assistant attorney general on issues of environmental, tax, and administrative law. He has handled cases at all levels of both the state and federal judiciary—from presenting evidence at hearings in trial courts and administrative tribunals to arguing at the Michigan Supreme Court and U.S. Court of Appeals for the Sixth Circuit. Because of his litigation success, legal writing ability, and skilled oral advocacy in handling appeals, Zach was awarded the Attorney General’s “Excellence in Appellate Advocacy” award. In his environmental law practice, Zach has been responsible for a wide variety of cases under Part 31 (water quality), Part 55 (air quality), Part 115 (waste management), Part 201 (remediation), Part 213 (underground storage tanks), Part 301 (inland lakes and streams), and Part 303 (wetlands) of Michigan’s Natural Resources and Environmental Protection Act, MCL 324.101 et seq. He has achieved such victories for his clients as obtaining one of the largest wetlands civil fines in state history and negotiating a multimillion-dollar resolution to a nuisance odor dispute. He has also litigated citizen suits under the Clean Water Act, the Safe Drinking Water Act, and CERCLA and can advise clients on their obligations and rights under federal environmental law. While representing the Michigan Department of Treasury, Zach addressed problems ranging from manufacturer’s claims of exemption and arguments over what constitutes “tangible personal property” under the General Sales Tax Act and the Use Tax Act to multistate tax apportionment and certificated credits under Michigan’s various business taxes. He was also routinely tasked with disputes over the tax implications of technology, such as cloud computing, computer software, telecommunications, patented processes, and electrical transmission and distribution. Zach also spent years working as a research attorney advising judges and understands how judges think. He can help you craft your best arguments and assemble your case to maximize your likely success. And his years of state government experience can help you to navigate your controversy against a state agency. Clark Hill PLC P a g e 2 9 www.clarkhill.com Page 221 of 315 CITY OF EAST LANSING, MI Significant Accomplishments Achieved dismissal of civil rights and tort claims against former Governor and other state actors in Guertin v. Michigan, U.S. Dist. E.D. Mich. Docket No. 16-cv-12412 (issued June 5, 2017). Briefed and argued the appeal and achieved reversal of the district court’s denial of qualified immunity to agency heads. Guertin v. Michigan, 912 F.3d 907 (6th Cir. 2019) (dismissing MDHHS director and CME). Successfully defended the State’s $2.5 billion regulatory overhaul of lead-and-copper rule against declaratory action to invalidate rules raising Administrative Procedures Act violations and constitutional and statutory claims. Oakland Cty. Water Resources Comm’r v. Mich. Dep’t of Env’tl Quality, Mich. Ct. of Claims Docket No. 18-259-MZ. Filed $350 million parens patriae suit against engineering companies alleged to be responsible for the Flint water crisis and defended suit against motions to dismiss. Attorney General v. Veolia Water N.A., Gen. Cir. Ct. Case No. 17-107576-NM. Participated in a multistate petition for review in the U.S. Court of Appeals for the D.C. Circuit against the U.S. EPA challenging the Affordable Clean Energy Rule. American Lung Ass’n v. EPA, D.C. Cir. Docket No. 19-1140. Briefed and argued 50 consolidated cases at the Michigan Court of Appeals concerning whether the repeal of the Multistate Tax Compact was permissible under the Michigan and U.S. Constitution. Won a favorable published decision saving the State an estimated $1.65 billion. Gillette Commercial Operations, N.A. v. Treasury, 213 Mich. App. 394 (2015). Defeated the related applications for leave to appeal to the Michigan Supreme Court. Convinced the MSC to grant leave and drafted merits briefs on Detroit Edison Co. v. Treasury, 498 Mich. 28 (2015), addressing whether the transmission and distribution of electricity is exempt “industrial processing.” Argued at the Michigan Supreme Court. Won a partial reversal and received three votes for total reversal. Succeeded in both the trial and appellate courts in a dispute concerning the application of the definition of “tangible personal property” and of the “industrial processing” exemption to cell- phone and land-line telecommunications signals. MidAmerican Energy Corp. v. Treasury, 308 Mich. App. 362 (2014). Education: Ave Maria School of Law, J.D. - Doctor of Jurisprudence. Doctor of Laws | Washington State University, B.A. - Bachelor of Arts Bar Licenses: Michigan Court Admission: U.S. District Ct., E.D. of Michigan | U.S. District Ct., W.D. of Michigan | U.S. Court of Appeals, 6th Circuit | U.S. Court of Appeals, D.C. Circuit Memberships: Clinton County GOP Executive Committee | Federalist Society Clark Hill PLC P a g e 3 0 www.clarkhill.com Page 222 of 315 CITY OF EAST LANSING, MI Charles A. Lawler | Member Lansing Litigation | Construction | Corporate | Education and Municipal Law | Franchising, Licensing & Distribution 212 East Cesar E. Chavez Avenue, Lansing, MI 48906 t: +1 (517) 318-3016 | m: +1 (517) 896-8355 | e: [email protected] Practice Overview A member in the Litigation Practice Group and the member-in-charge of Clark Hill’s Lansing, Michigan office, Charles (Charley) A. Lawler has leveraged his extensive business and legal experience to build a significant practice over the years serving as an advisor and problem solver for businesses and individuals who seek to expand their opportunities and mitigate their risk. Prior to joining Clark Hill, Charley was involved in private business as both an owner and manager where he gained personal experience in identifying and resolving legal issues facing business owners. Charley’s prior business ownership provides his client’s the opportunity to engage an attorney who has real first- hand business experience and intimately understands the challenges to growth that companies have. Charley’s business experience includes lease negotiations, human resource issues, marketing, product procurement, bank negotiations, managing litigation, community relations, insurance procurement, and other issues necessary to manage a business. He also advises clients in civil and commercial litigation proceedings including bankruptcy, real estate, creditor's rights, property tax, and construction matters. Charley’s practice also comprises municipal law issues, including the representation of County Treasurers in tax collection and foreclosure disputes. He has represented a number of treasurers in the Michigan Court of Appeals, Michigan Supreme Court, and the United States District Courts relating to foreclosure issues. He also has presented at the Michigan Association of County Treasurers Conferences. Charley represents a number of material suppliers and subcontractors relating to the Michigan Construction Lien Act and the Michigan Builders Trust Fund Act as well and has a proven track record for getting his clients paid in both in state court and in the federal bankruptcy courts. Experience Ingham County Treasurer v. Rigby, Court of Appeals of Michigan, 2017. Harbor Watch Condo Ass’n v. Emmet County Treasurer, Court of Appeals of Michigan, 2014 (published). Genesee County Board of Commissioners v. Cherry, Genesee and Lapeer County Circuit Courts, 2014 (significant decision relating to county treasurer’s powers relative to their respective boards of commissioners). Comfort Control Supply Co. v. Hunter (In re Hunter), United States Bankruptcy Court for the Western District of Michigan, 2010 (published). Clark Hill PLC P a g e 3 1 www.clarkhill.com Page 223 of 315 CITY OF EAST LANSING, MI Education: Michigan State University College of Law, J.D. - Juris Doctor, 2004 | Michigan State University, B.A. - Bachelor of Arts, 1977 Bar Licenses: Michigan Court Admission: U.S. District Ct., E.D. of Michigan | U.S. District Ct., W.D. of Michigan Memberships: American Bar Association | State Bar of Michigan | Ingham County Bar Association Clark Hill PLC P a g e 3 2 www.clarkhill.com Page 224 of 315 CITY OF EAST LANSING, MI Ronald A. King | Member Lansing Litigation | Environment, Energy, and Natural Resources | Intellectual Property | Real Estate Services | Automotive | Manufacturing 212 East Cesar E. Chavez Avenue, Lansing, MI 48906 t: +1 (517) 318-3015 | m: +1 (517) 449-2860 | e: [email protected] Practice Overview Ronald A. King is a member of Clark Hill PLC based primarily in the firm’s Lansing, Michigan office. Ron was elected to and served on Clark Hill’s executive committee from 2008-2013, a period in which the firm experienced significant and unprecedented growth in all aspects of its business. Ron brings a wealth of legal and practical experience to help clients solve a wide range of complex business, administrative, and regulatory problems. Ron has substantial experience in the area of public pension law. He presently serves as general counsel to the Police and Fire Retirement System of the City of Detroit. He has served as special counsel and lead trial counsel for the General Retirement System of the City of Detroit and the PFRS since 2006. As general counsel, Ron has a significant role in strategic planning, government relations, plan qualification and administration, investments, audit, actuary, regulatory compliance, and litigation. Most recently, he played a significant and lead role on behalf of the retirement systems leading up to and following Detroit’s historic Chapter 9 bankruptcy case. Ron was integrally involved in all aspects of strategic planning, mediation, negotiation, and litigation involving this extraordinarily complex and sensitive matter. He led a team of attorneys and other diverse professionals in working through a myriad of complex legal, political, financial, and practical issues which will have far-reaching consequences for Detroit and beyond. Ron continues to lead the PFRS and its Boards of Trustees, working closely with staff and trustees to thoroughly and clearly convey and analyze the many issues facing PFRS in the implementation of the Chapter 9 Plan of Adjustment and its on-going operations. Ron also has extensive experience in all aspects of complex multi-party litigation involving diverse commercial matters, constitutional claims, and public pension-related disputes. He has personally conducted and supervised teams of internal and external attorneys in all phases of litigation in federal and state courts, and before federal, state, and local administrative bodies, including regulatory and criminal investigations. These cases almost always involve significant risks and important outcomes. He has personally conducted and supervised all aspects of discovery, e-discovery, motion practice, trial, and settlement negotiations. He is particularly proficient at simplifying and clearly conveying complex data and concepts during litigation and trial and, as importantly, in the boardroom. Ron has also represented a broad range of clients in a variety of environmental matters, including regulatory compliance and enforcement, and complex cost recovery litigation involving multiple parties. This work includes taking matters to trial and using world-class technology to explain complex issues to the bench and juries. He has worked with regulators and environmental consultants on developing corrective action plans and meeting compliance obligations. His environmental litigation experience is extensive, varied, and includes successfully defending property owners, operators, and transporters in Clark Hill PLC P a g e 3 3 www.clarkhill.com Page 225 of 315 CITY OF EAST LANSING, MI actions brought by regulatory agencies and third parties, under federal and state statutes, as well as common law. Ron has substantial experience in all aspects of hazardous waste management. Ron brings his considerable experience in environmental compliance and remediation to focus on achieving cost- effective, creative, and environmentally sound solutions to client problems. Ron also counsels clients in the development and implementation of business and strategic plans, including plans for business growth, risk management, and asset protection. He has extensive experience negotiating and drafting corporate documents, including by-laws, buy-sell agreements and stock, and asset purchase agreements. Ron is a trusted advisor and problem solver. Education: Wayne State University Law School, J.D. - Juris Doctor, 1991 | University of Chicago, B.A. - Bachelor of Arts, 1986 Bar Licenses: Michigan Court Admission: U.S. District Ct., E.D. of Michigan | U.S. District Ct., W.D. of Michigan | U.S. District Ct., N.D. of Illinois | U.S. Court of Appeals, 6th Circuit | U.S. Court of Appeals, Federal Circuit Memberships: State Bar of Michigan | National Association of Public Pension Attorneys | International Association of Employee Benefit Plans Clark Hill PLC P a g e 3 4 www.clarkhill.com Page 226 of 315 CITY OF EAST LANSING, MI Marshall W. Grate | Senior Attorney Grand Rapids Education and Municipal Law | Labor and Employment 200 Ottawa NW, Suite 500, Grand Rapids, MI 49503 t: +1 (616) 608-1103 | m: +1 (616) 402-0491 | e: [email protected] Practice Overview Marshall W. Grate is a senior attorney in Clark Hill’s Grand Rapids office where he is a member of the Education & Municipal Law, and Labor & Employment Law practices. Marshall is an ATIXA certified Title IX investigator. Marshall focuses his practice in public school law, labor and employment law, municipal corporations, and private-sector employers. Marshall has broad experience in all labor and employment matters, and focuses on school code compliance, FERPA, constitutional legal issues that affect public schools, personnel administration, wage and hour issues, employment discrimination (EEOC), teacher tenure cases, the Family and Medical Leave Act (FMLA), unfair labor practices, collective bargaining, mediation, fact-finding, and labor arbitration. Marshall has successfully defended clients in both bench and jury trials and administrative proceedings. He is licensed to practice in all state and federal courts in Michigan and Indiana and is admitted to the Sixth and Seventh Circuit of the U.S. Court of Appeals, as well as the U.S. Supreme Court. Marshall received his law degree, summa cum laude, from Indiana University School of Law, Indianapolis campus, in 1981. While in law school, he was the Associate Editor to the Indiana Law Review. Marshall has published several articles, including, “COBRA’S Requirements for Group Health Plans, Do They Apply in a Strike” and “Binding Arbitrations of Statutory Employment Discrimination Claims”. He currently serves as editor of Clark Hill’s educational newsletter. He has also had numerous speaking engagements for labor, employment, and school law issues, including the Michigan Negotiators Association, Michigan Association of School Board Attorneys, and the Michigan Association of School Law Attorneys. Education: Indiana University, Robert H. McKinney School of Law, J.D. - Juris Doctor, 1981 | Harding University, B.S. - Bachelor of Science Bar Licenses: Michigan | Indiana Court Admission: U.S. Court of Appeals, 6th Circuit | U.S. Court of Appeals, 7th Circuit | U.S. Supreme Court Memberships: Michigan Association of School Board Attorneys, Member of the Board of Directors Clark Hill PLC P a g e 3 5 www.clarkhill.com Page 227 of 315 CITY OF EAST LANSING, MI Michael J. Pattwell | Member Lansing Environment, Energy, and Natural Resources | Construction | Education and Municipal Law | Government & Regulatory Affairs | Litigation | Energy, Oil & Gas | Mining 212 East Cesar E. Chavez Avenue, Lansing, MI 48906 t: +1 (517) 318-3043 | m: +1 (517) 897-1087 | e: [email protected] Practice Overview Michael J. Pattwell is an innovative problem-solver who focuses on managing high-stakes litigation and resolving complex regulatory and transactional impasses. His practice concentrates on environmental, energy, and political law. As both a litigator and regulatory attorney, he is well-versed in the ever- changing federal and state statutes and regulations governing environmental due diligence, liability, compliance, remediation, and permitting; natural resource extraction and transportation; utility ratemaking; electric generation and transmission; campaign finance; and elections. Where these laws intersect with complicated fact patterns, Michael excels at producing plain verbal and written advocacy that decision makers can easily digest and appreciate. He has represented a wide array of clients (including financial institutions, insurers, service stations, manufacturers, foundries, road and bridge builders, municipalities, agribusinesses, environmental contractors, real estate developers, golf courses, extractive industries, pipelines, airlines, and energy- intensive businesses) with great success before federal and state courts and administrative tribunals. He has also worked closely with state legislators, regulators, and trade associations on major policy initiatives resulting in the amendment of numerous environmental and energy laws. While the bulk of Michael’s work has been for the private sector, his practice benefits from the unique perspectives gained while serving as special counsel for state legislators and as a special assistant attorney general for state agencies. Michael presently serves as the Director of Clark Hill’s Environmental Litigation Practice, heads Clark Hill’s Flint Water Litigation Defense Team, and acts as Lead Counsel for the Association of Businesses Advocating Tariff Equity (ABATE), a group of large businesses associated for the purpose of promoting reasonable, competitive, and nondiscriminatory energy rates and conditions of service. He holds the highest “AV®” Preeminent peer rating from Martindale-Hubbell with the highest ethical standing, has been consistently recognized by Super Lawyers as a Rising Star (2013-2018) in the field of business and environmental litigation, and has been named in Best Lawyers for environmental litigation. Prior to joining Clark Hill, Michael served as Law Clerk to the Honorable David A. Faber, U.S. District Court for the Southern District of West Virginia, and as Minority Counsel for the West Virginia House of Delegates. During law school, he served as a student prosecutor for the U.S. Attorney’s Office for the Western District of Virginia; an extern to the Environmental Defense Section of U.S. Department of Justice’s Environment & Natural Resources Division; and a judicial intern to the Honorable Gerald E. Rosen, U.S. District Court for the Eastern District of Michigan. Clark Hill PLC P a g e 3 6 www.clarkhill.com Page 228 of 315 CITY OF EAST LANSING, MI Education: Washington and Lee University School of Law, J.D. - Doctor of Jurisprudence. Doctor of Laws, 2006 | Washington and Lee University School of Law, B.A. - Bachelor of Arts | Michigan State University, J.D. - Juris Doctor Bar Licenses: Michigan | West Virginia | District of Columbia Court Admission: Michigan State Courts | West Virginia State Courts | U.S. District Ct., E.D. of Michigan | U.S. District Ct., W.D. of Michigan | U.S. District Ct., C.D. of Illinois | U.S. District Ct., S.D. of West Virginia | U.S. Court of Appeals, 6th Circuit | U.S. Supreme Court Memberships: Washington and Lee University Alumni Admission Program | West Michigan Federalist Society | Mackrell International | Republican National Lawyers Association | Regional Chair - Michigan Defense Trail Counsel | Former President - Washington and Lee University Alumni Association, Detroit Chapter Clark Hill PLC P a g e 3 7 www.clarkhill.com Page 229 of 315 CITY OF EAST LANSING, MI Delbert J. Chenault | Director of Governmental Affairs Lansing Government & Regulatory Affairs | Environment, Energy, and Natural Resources | Healthcare 212 East Cesar E. Chavez Avenue, Lansing, MI 48906 t: +1 (517) 318-3036 | m: +1 (517) 282-3764 | e: [email protected] Practice Overview Delbert J. Chenault has more than 25 years of legislative, political, and public affairs experience working at the highest levels of local, state, and federal government. For the past 18 years, Del has been engaged as a multi-client lobbyist working on issues as varied as appropriations, banking, pharmaceutical regulation, taxation, and telecommunications. Formerly, Del worked for the Bush Presidential Campaign, the MI State Senate, and on the senior staff of former Governor John Engler, serving in several different capacities including Deputy Director for Public Affairs, Executive Appointments Director, and Special Assistant to the Governor. Del has vast political experience including managing and building grassroots PACs and coalitions. This includes creation and operation of a large state and federal PAC. He is a graduate of Michigan State University with a BA in political science and economics. Education: Michigan State University, B.A. - Bachelor of Arts Clark Hill PLC P a g e 3 8 www.clarkhill.com Page 230 of 315 CITY OF EAST LANSING, MI Kelly E. Kane | Associate Lansing Construction 212 East Cesar E. Chavez Avenue, Lansing, MI 48906 t: +1 (313) 309-9495 | e: [email protected] Practice Overview Kelly Kane is an associate in the Construction practice, where she represents a variety of owners, suppliers, and contractors in civil and commercial construction disputes. Kelly graduated from Michigan State University College of Law, magna cum laude. While in law school, Kelly was an Assistant Articles Editor for the Michigan State University International Law Review, and was a member of the Geoffrey Fieger Trial Practice Institute, a two-year litigation-focused certificate program. Kelly also served as a student clerk in the Corporate Oversight Division for the Michigan Department of Attorney General, where she aided attorneys in the prosecution of violations of the Michigan Consumer Protection Act and Public Health Code. Kelly’s student note, The Great Lakes-St. Lawrence River Basin Agreement: What Happens in the Great Lakes Won’t Stay in the Great Lakes, was also published in the Michigan State International Law Review in 2017. Prior to attending law school, Kelly graduated with honors from the University of Guelph, in Ontario, Canada. Upon receiving her Bachelor’s degree, Kelly accepted a position as a human resources assistant at the Sunset Produce, the largest greenhouse produce grower in North America. While working at Sunset, Kelly was responsible for recruitment, training, workers compensation, and employee relations at the Canadian headquarters. Education: Michigan State University College of Law, J.D. - Juris Doctor, 2017 | University of Guelph, B.A. - Bachelor of Arts Bar Licenses: Michigan Memberships: Ingham County Bar Association Clark Hill PLC P a g e 3 9 www.clarkhill.com Page 231 of 315 CITY OF EAST LANSING, MI APPENDIX B – REQUIRED FORMS Proposal & Award Form Clark Hill PLC P a g e 4 0 www.clarkhill.com Page 232 of 315 CITY OF EAST LANSING, MI Certificate of Good Standing Clark Hill PLC P a g e 4 1 www.clarkhill.com Page 233 of 315 CITY OF EAST LANSING, MI Sample Engagement Letter [Client] [Address] Re: [Matter Description] Dear [Client]: This letter serves to record the terms of our engagement to represent [Client], as client, with regard to [identify matter generally]. We agree that the scope of our services in the matter is as follows: [describe scope of services]. We are prepared to provide services beyond this scope after consultation and mutual agreement. Our fees in this matter are based on hours spent by lawyers and other professionals necessary to produce the work product. Our minimum billing increment is .1 hour. At this time, our lawyer billing rates range from $235-$950 an hour, and paralegal rates range from $140-$235 per hour. These rates may be adjusted periodically to reflect the experience and expertise of our professionals. [Name] will be [the principal attorney contact in this matter]. [Name’s] hourly rate is $___. Clark Hill requires retainers for all new engagements. In this instance, we shall require that you provide us with a retainer of [$____]. The retainer will be held in a client trust account and used in accordance with the attached Standard Terms of Engagement. We will commence work upon receipt of the executed copies of this engagement letter as well as the [$____] retainer. This letter is supplemented by our Standard Terms of Engagement for Legal Services, attached, which are incorporated in this letter and apply to this matter and other matter(s) for which you engage us. If you agree that this letter provides acceptable terms for our engagement in this matter, please sign and return a copy to me. We look forward to working with you. Sincerely, CLARK HILL PLC Enclosure [Client] accepts, and agrees to be bound by, the foregoing. [CLIENT] ______ Clark Hill PLC P a g e 4 2 www.clarkhill.com Page 234 of 315 CITY OF EAST LANSING, MI STANDARD TERMS OF ENGAGEMENT FOR LEGAL SERVICES This statement provides the standard terms of our engagement as your lawyers. Unless modified in writing by mutual agreement, these terms will be an integral part of our agreement with you. Therefore, we ask that you review this statement carefully and contact us promptly if you have any questions. GENERAL RIGHTS AND RESPONSIBILITIES OF CLIENTS OF THE FIRM A client of the firm has the right to: (A) expect competent representation by the firm; (B) determine the purposes to be served by the legal representation, so long as those purposes are legal and do not violate the firm’s obligation to the profession or to the judiciary; (C) be kept reasonably informed about the status of the matter and have the firm respond promptly to reasonable requests for information; and (D) terminate the representation at any time, with or without cause, subject to the obligation for payment of legal services provided and costs incurred by the firm. A client of the firm has the responsibility to: (A) obey all orders issued by a court or other tribunal concerning your matter; (B) be candid and truthful with the firm and the court or other tribunal; (C) pay the firm as provided by this agreement and by any other agreements with the firm; and (D) respond promptly to the firm’s requests for information. A client may not: (A) demand that the firm use offensive tactics or treat anyone involved in the legal process with anything but courtesy and consideration; (B) demand any assistance which violates the Rules of Professional Conduct; or (C) pursue or insist upon a course of action which the firm reasonably believes to be illegal, fraudulent, offensive or unwise. The firm may terminate this agreement for reasons permitted under the Rules of Professional Conduct. OBLIGATIONS OF A LAWYER All lawyers are required to observe and uphold the law, including applicable court rules; and are governed by Rules of Professional Conduct that pertain to our relationship with a client, with third persons, other professionals and the courts. All of these laws and rules apply to our representation of you, and we welcome your inquiry about them. WHOM WE REPRESENT The person or entity whom we represent is the person or entity identified in our engagement letter and does not include any affiliates or related parties of such person or entity, such as parent companies, subsidiaries, sibling entities, and/or other affiliates; or employees, officers, directors, shareholders of a corporation, partners of a partnership, members of an association or limited liability company, and/or other constituents of a named client unless our engagement letter expressly provides otherwise. THE SCOPE OF OUR WORK You should have a clear understanding of the legal services we will provide. Any questions that you have should be dealt with promptly. We will at all times act on your behalf to the best of our ability. Any expressions on our part concerning the outcome of your legal matters are expressions of our best professional judgment, but Clark Hill PLC P a g e 4 3 www.clarkhill.com Page 235 of 315 CITY OF EAST LANSING, MI are not promises or guarantees to achieve a specific result. Such opinions are necessarily limited by our knowledge of the facts and are based on the state of the law at the time they are expressed. Your obligation to pay our fees and other charges as provided in this letter is not in any way contingent upon a result or results in the matter. Our attorney-client relationship will be considered ended upon the earliest of (a) our completion of services in the matter(s) for which you have engaged us, (b) notification by you to us that you desire to terminate such services, or (c) notification by the firm of termination of our attorney-client relationship. WHO WILL PROVIDE THE LEGAL SERVICES Customarily, each client of the firm is served by a principal attorney contact. The principal attorney should be someone in whom you have confidence and with whom you enjoy working. You are free to request a change of principal attorney at any time. Subject to the supervisory role of the principal attorney, your work or parts of it may be performed by other lawyers and paralegals in the firm. Such delegation may be for the purpose of involving lawyers or paralegals with special expertise in a given area or for the purpose of providing services on an efficient and timely basis. PRESERVATION OF EVIDENCE AND COMMUNICATION PROTOCOL IN LITIGATED MATTERS All evidence of any nature that is arguably relevant to this matter, including but not limited to documents (whether hard copy or electronic) and other physical evidence, must be preserved. Moreover, scheduled routine destruction of any stored records (whether hard copy or electronic) must be suspended immediately until after this matter is concluded. Failure to do so may result in sanctions by a court or tribunal. In order to preserve the attorney-client privilege that attaches to our communications, it is important that all future oral communications about this matter occur only in the presence of a Clark Hill attorney. Further, all written communications about the matter should be directed to a Clark Hill attorney. You recognize that, while convenient and sometimes necessary, communications transmitted by internet, mobile and other electronic means may not be entirely secure. Therefore, in communicating by such means you accept the risks that such communications may not be protected by the attorney-client privilege, and we agree that no party will be liable for any loss, damage, expense, harm or inconvenience resulting from the loss, delay, interception, corruption, or alteration of any such communications due to any reason beyond that party’s reasonable control. HOW FEES WILL BE SET Unless our engagement letter provides otherwise, our fees will be charged on an hourly basis, i.e., time expended multiplied by the hourly rates of our lawyers and other professionals. Among the factors we consider in determining the staffing of the matter and the fees charged are: • The novelty and complexity of the issues presented, and the skill required to perform the legal services; • The fees customarily charged in the community for similar services and the value of the services to you; • The amount of money or value of property involved; Clark Hill PLC P a g e 4 4 www.clarkhill.com Page 236 of 315 CITY OF EAST LANSING, MI • The time constraints imposed by you as our client and other circumstances, such as an emergency closing, the need for injunctive relief from court, or substantial disruption of other office business; • The experience, reputation and expertise of the lawyers performing the services. We will keep accurate records of the time we devote to your work, including conferences (both in person and over the telephone), negotiations, factual and legal research and analysis, document preparation and revision, travel on your behalf, and other related matters. We record our time in tenths of an hour. The hourly rates of our lawyers and other professionals are adjusted periodically to reflect current levels of legal experience, changes in overhead costs, and other factors. We are often requested to estimate the amount of fees and costs likely to be incurred in connection with a particular matter. Whenever possible we will respond to your request by furnishing an estimate based upon our professional judgment, but always with a clear understanding that it is not a maximum or fixed fee quotation. The ultimate cost frequently is more or less than the amount estimated. RETAINER AND TRUST DEPOSITS Clients of the firm are commonly asked to deposit a retainer with the firm. Unless otherwise agreed, the retainer deposit will be credited toward your unpaid invoices, if any, at the conclusion of services. While the retainer is on deposit, you grant us a security interest in such funds. At the conclusion of our legal representation or at such time as the deposit is unnecessary or is appropriately reduced, the remaining balance or an appropriate part of it will be returned to you. Deposits which are received to cover specific items will be disbursed as provided in our agreement with you, and you will be notified from time to time of the amounts applied or withdrawn. Any amount remaining after disbursement will be returned to you. All trust deposits we receive from you will be placed in a trust account for your benefit. Your deposit will be placed in a pooled account unless you request a segregated account. By law, interest earned on the pooled account is payable to a charitable foundation. Interest earned on a segregated trust account will be added to the deposit for your benefit and will be includable in your taxable income. EXPENSES Our invoices will reflect expenses for items such as long distance telephone, facsimiles, document copying, printing and scanning, messenger and special delivery services, computerized legal and other research systems, travel, and filing and recording fees, and may include charges for extraordinary items (including secretarial overtime) that may be generated by the particular demands of the project involved. If outside services such as court reporters, mediators, investigators, expert witnesses, or photocopy services are retained or required, you will be responsible for paying for those services directly to the service providers. Invoices may be sent by the provider directly to you, or we may forward their invoices to you for payment directly to the provider. These invoices should be paid within Clark Hill PLC P a g e 4 5 www.clarkhill.com Page 237 of 315 CITY OF EAST LANSING, MI 30 days of receipt. We may advance certain expenses not exceeding $100, and require that our clients directly pay, or deposit with us funds to pay, expenses exceeding $100. FILES AND OTHER MATERIALS Files generated in the matter will be retained by the firm as required by law, and thereafter may be retained or destroyed, at our discretion. To the extent we retain them, we will provide you reasonable access to matter files in accordance with applicable law, excluding firm files (firm administrative records, time and expense reports, personnel and staffing materials, accounting records, and internal lawyers’ work product, e.g., drafts, notes, internal memoranda, legal research, and factual research). Matter files to which you are given access may be reproduced at your request and at your expense. We reserve the right to make and retain copies of all documents generated or received by us in connection with the matter. After our engagement in this matter ends, upon your request and at your expense we will return any property you have entrusted to us, unless there is a balance on your account. If there is a balance on your account, the firm will assert a retaining lien on such property to the extent allowed by law. If you have not requested return of such property within a reasonable time after our engagement in the matter ends, we may retain or destroy such property at our discretion. TERMINATION You may terminate our representation at any time, with or without cause, by notifying us. Your termination of our services will not affect your responsibility for payment of legal services rendered, and costs, charges and expenses incurred before termination and in connection with an orderly transition of the matter. The Rules of Professional Conduct list several types of conduct or circumstances that require or allow us to withdraw from representing a client, including, for example: persistence in a course of conduct which we reasonably believe to be criminal or fraudulent, insistence upon pursuing an objective which we consider to be repugnant or imprudent, failure of a substantial nature to fulfill an obligation after reasonable warning that it will result in our withdrawal, or other good cause. BILLING ARRANGEMENTS AND TERMS OF PAYMENT Our invoices will report the hours and rates for attorneys and other professionals on the matter, and describe the work performed. Additional charges and expenses will be itemized. Unless otherwise provided in our engagement letter, we will provide you with a bill on a monthly basis. Payment is due on receipt. Any balance unpaid after 30 days of the date of the invoice shall accrue interest at the rate of seven percent (7%) per annum. Payments shall be applied first to collection costs and expenses, then to accrued interest, if any, and then to the unpaid invoice amount. We will give you notice if your account becomes delinquent, and you agree to bring the account or the retainer deposit current. If the delinquency continues and you do not arrange satisfactory payment terms, we may withdraw from the representation and pursue collection of your account either directly or through a third party service. We may also request permission of any court in which we have filed an appearance on your behalf to allow us to withdraw as your counsel, and you agree that non- payment of our fees is a valid basis for our request to so withdraw. To the extent collection of your account becomes necessary, you agree that we may pursue collection through a third party collection service, and that, in addition to any unpaid balance and interest thereon, we will be entitled to recover all costs and expenses of collection, including reasonable attorney fees. Clark Hill PLC P a g e 4 6 www.clarkhill.com Page 238 of 315 CITY OF EAST LANSING, MI CLARK HILL OFFICES Austin Beaumont Birmingham Chicago 720 Brazos Street 2615 Calder Avenue 151 South Old Woodward 130 East Randolph Street Suite 700 Suite 240 Suite 200 Suite 3900 Austin, TX 78701 Beaumont, TX 77702 Birmingham, MI 48009 Chicago, IL 60601 512.499.3600 409.351.3800 248.642.9692 312.985.5900 Collin County Dallas Detroit Grand Rapids 2600 Dallas Parkway 901 Main Street 500 Woodward Avenue 200 Ottawa NW Suite 600 Suite 6000 Suite 3500 Suite 500 Frisco, TX 75034 Dallas, TX 75202 Detroit, MI 48226 Grand Rapids, MI 49503 469.287.3900 214.651.4300 313.965.8300 616.608.1100 Houston Lansing Las Vegas Los Angeles 909 Fannin Street 212 East Cesar Chavez 3800 Howard Hughes 1055 West Seventh Street Suite 2300 Avenue Parkway Suite 2400 Houston, TX 77010 Lansing, MI 48906 Suite 500 Los Angeles, CA 90017 713.951.5600 517.318.3100 Las Vegas, NV 89169 213.891.9100 702.862.8300 Morgantown New York Philadelphia Phoenix 1290 Suncrest Towne 830 Third Avenue Two Commerce Square 14850 N. Scottsdale Road Centre Suite 200 2001 Market St. Suite 2620 Suite 500 Morgantown, WV 26505 New York, NY 10022 Philadelphia, PA 19103 Scottsdale, AZ 85254 304.233.5599 646.395.8580 215.640.8500 480.684.1100 Pittsburgh Princeton San Antonio San Diego One Oxford Centre 210 Carnegie Center 2301 Broadway Street One America Plaza 301 Grant Street Suite 102 San Antonio, TX 78215 600 West Broadway 14th Floor Princeton, NJ 08540 210.250.6000 Suite 500 Pittsburgh, PA 15219 609.785.2968 San Diego, CA 92101 412.394.7711 619.557.0404 San Francisco Washington, DC Wilmington One Embarcadero Center 1001 Pennsylvania Avenue NW 824 North Market Street Suite 400 Suite 1300 South Suite 710 San Francisco, CA 94111 Washington, DC 20004 Wilmington, DE 19801 415.984.8500 202.772.0909 302.250.4750 Dublin, Ireland Mexico City, Mexico 8-34 Percy Place Montes Urales #755, Piso 3 Ballsbridge Col. Lomas de Chapultepec Dublin 4, D04 P5K3 Ciudad de Mexico, CDMX 11000 +353 1 661 3960 +52 55 4161 6064 © 2020 Clark Hill PLC. This publication is intended for general education and informational purposes only, and should not be regarded as either legal advice or a legal opinion. You should not act upon or use this publication or any of its contents for any specific situation. Recipients are cautioned to obtain legal advice from their legal counsel with respect to any decision or course of action contemplated in a specific situation. Clark Hill PLC and our attorneys provide legal advice only after establishing an attorney-client relationship through a written attorney-client engagement agreement. This publication does not establish an attorney-client relationship with any recipient. Clark Hill PLC P a g e 4 7 www.clarkhill.com Page 239 of 315 4084 Okemos Rd., Suite B Okemos, MI 48864 [email protected] 517-522-2550 RE: City Counsel of The City of East Lansing – Attorney Services BUSINESS ORGANIZATION The Law Offices of Casey D. Conklin, PLC has two offices; a main office located in Okemos, MI, and a satellite office in Fenton, MI (addresses below). The Law Offices of Casey D. Conklin, PLC 4084 Okemos Rd., Suite B Okemos, MI 48864 The Law Offices of Casey D. Conklin, PLC - Satellite Office 1542 N. Leroy St., Suite 2A Fenton, MI 48430 The firm is organized in the state of Michigan as a Professional Limited Liability Company, and is a sole member LLC, with that member being Casey D. Conklin. The firm is not a registered local, or regional vendor with the City of East Lansing. APPLICABLE EXPERIENCE The Law Offices of Casey D. Conklin, PLC is are a small firm based in Mid-Michigan. Our office consists of 4 attorneys (2 on staff, and 2 on exclusive contracts), a paralegal, and an office manager. The Firm was started in July of 2014 by Casey Conklin as a solo practitioner. In 2017 the firm expanded adding Collin Nyeholt as an associate attorney, as well as a paralegal, and an office manager. With the growth, the firm started expanding its practice areas. As a firm, we successfully counsel, and represent clients in a variety of areas including, but not limited to, civil litigation, employment law, collections, civil rights litigation, estate planning, business planning, taxation, criminal law, probate estates, property law, construction law, contracts, contract negotiation, and intellectual property. We have been successful at both the local and state levels, of government, as well as at the federal level. The firm is a small firm, and does not have specific divisions, however, each attorney has areas that they practice in. Below we will detail the areas that each attorney focuses on. All attorneys, if not already licensed properly, are qualified to be licensed in both the Eastern and Western Districts of the Federal District Court of Michigan and will do so upon approval of this bid. 1 of 8 Page 240 of 315 Page 241 of 315 Page 242 of 315 While Mr. O’Connor is currently not a member of the Public Corporation Law Section of the State Bar of Michigan, nor a member of the Michigan Association of Municipal Attorneys, he will become a member of both entities should our law firm be hired to represent the City of East Lansing. BACKGROUND: Mr. O’Connor comes to our organization with a unique set of skills as he retired from the Michigan Department of State Police in 2010, out of its Emergency Management and Homeland Security Section. In this position, he was a Grant Coordinator/Liaison between the federal government and the local law enforcement entities. In this position he ensured compliance by the local jurisdictions with the various and numerous grant mandates. Prior to holding this position, Mr. O’Connor was a Law Enforcement Information Network (L.E.I.N.) Auditor for the State Police and had established many relationships throughout the State of Michigan. He interacted with the various entities that had access to the LEIN System and ensured compliance with the LEIN Administration Rules, Policies, and Regulations, including federal, state, county, and local municipalities, as well as Federal and State Courts. This included the East Lansing Police Department and its Municipal District Court. LEGAL EXPERIENCE: Most notably, Mr. O’Connor provided in-house counsel for the State Police for many years while assigned to its Headquarters in East Lansing, Michigan. He was responsible for the Administrative Rule Promulgation Procedures for the Department and worked closely with the staff of the Governor’s Office ensuring all mandates and requests were met in a timely and efficient manner. While working with the State Police, Mr. O’Connor provided legal counsel involving, but not limited to, the following matters: The Promulgation and Adoption of the Uniform Traffic Code, used by many local jurisdictions; Traffic Control Orders (TCO) - Michigan State Police and Canton Township; Tribal Agreements pertaining to Law Enforcement Issues in and amongst the 13 Federally recognized Tribes in the State of Michigan; Mutual Aid Agreements - Agreements between the Michigan State Police and every political subdivision, including Counties, Townships, Cities, Villages, and Tribes; and established the Statewide policy and procedures for the law enforcement handling of the Domestic Relations Laws with respect to Personal Protection Orders (PPO). RESEARCH/ANALYSIS/WRITING EXPERIENCE: Mr. O’Connor conducted a broad range of legal research, analysis, and writing, in various areas of the law, including the firearms laws both at the state and federal levels of government, and the interplay between the two; criminal laws; Home Rule City Act issues; county issues; and assisted in the development and implementation of the Police Pursuit Policy of the Michigan State Police, which is often used as a model for local jurisdictions. 4 of 8 Page 243 of 315 Finally, Mr. O’Connor became learned about the Michigan Administrative Code with regards to its implementation, applicability, and enforcement, as well as an extensive knowledge base regarding Attorney General Opinions. INSTRUCTIONAL EXPERIENCE: As an attorney, Mr. O’Connor was called upon to instruct Criminal Law, Criminal Procedure, Search and Seizure Procedures, at the Michigan State Police Academy, which obviously its laws and procedures are applicable at the local jurisdiction level. Apart from his positions with the State Police, Mr. O’Connor instructed at ITT Technical Institute, in the areas of Criminal Law, Homeland Security, and Cyber Security. COMMUNITY ASSOCIATION PRESIDENT: In addition, Mr. O’Connor held the position of Association President for a Site Condominium, and interacted often with the local unit of government pertaining to maintenance of roadways, sidewalks, streetlights, etc. This included agreements between the City and the Association, as well as local developers of a nearby property. MILITARY/EDUCATIONAL EXPERIENCE: Mr. O’Connor began his law enforcement career with United States Army as an Enlisted Member in 1979. After leaving Active Duty in 1982, Mr. O’Connor Graduated with honors from the Army Reserve Officer Training Corps (ROTC) in 1984, from Eastern Michigan University. Mr. O’Connor retired as a Lieutenant Colonel from the Military Police Corps, after serving for almost 30 years both on Active Duty and in the Reserves. Mr. O’Connor graduated from the University of Detroit School of Law in 1994, where he attended evening classes while assigned the State Police, Detroit Post, and was admitted to the State Bar of Michigan in 1995. Mr. O’Connor’s Bar License Number is P52939. RESIDENCE: Mr. O’Connor currently resides and works out of Okemos, Michigan, and has provided legal services throughout the State of Michigan, including the Upper Peninsula. SUMMARY: In short, Mr. O’Connor has worked at various levels of government including city, state, and federal, and has a broad knowledge base of government operations, rules, regulations, and administrative codes. He has established relationships with many individuals and organizations 5 of 8 Page 244 of 315 over the years, and this Office believes that he would be an invaluable resource for the City of East Lansing, Michigan. ACCESSIBILITY OF ASSIGNED ATTORNEYS Mr. Conklin, designated as the City Attorney, will be very accessible to the City. With few exceptions, Mr. Conklin is able to be reached by phone, or email, no matter where he is located, or what time of day it is. Mr. Conklin works from his office located in Okemos, as well as his home office located in East Lansing. The response time that he can offer to the City Council and City Government is generally within a day. For attending meetings, whether scheduled or ad- hoc, the lead-time can be as low as a day. By phone, he is available 24/7 for the City’s needs. FACILITIES The Law Offices of Casey D. Conklin, PLC has its main office in Okemos, Michigan. Along with the private offices for each attorney, and the office manager, the office has a conference room available to use. The conference room will seat at least 10 people fairly easily. Additionally, the office has restroom facilities, lobby, kitchen/break room, and ample parking. The office is equipped with the necessities to operate a professional business. We have internet throughout the suite, with access to the in-house server, as well as a commercial grade printer/copier/scanner. The support staff will be fully available when necessary. The support staff, in addition to the attorneys, will be available for any administrative, or paralegal needs. The paralegal is well versed in producing legal documents, doing legal research, and any administrative tasks. The offices manager will also be available to help with any administrative tasks, in addition to monitoring all office activities, billing, scheduling, preparing memos and other correspondence, creating and maintaining client files, and coordinating meetings, teleconference, and video conferences. REFERENCES Personal References for Casey D. Conklin Steven W. Dulan Law Offices of Steven W. Dulan ,PLC 1700 East Grand River Ave, Suite 101 East Lansing, MI 48823 [email protected] 517-333-7132 Daniel Shawl Michigan Veterans Law 919 Chester Rd., Suite B Lansing, MI 48912 6 of 8 Page 245 of 315 [email protected] 517- 908-3484 Sgt. Preston Dahlgren Eaton County Sheriff’s Office 6120 N. Royston Rd. Potterville, MI 48876 517-712-6101 Professional References for the Law Offices of Casey D. Conklin, PLC C. Gail Edwards-Bryant, CEBS Employee Benefit Consultant 25431 Friar Lane Southfield, MI 48033 [email protected] 248-356-1682 Mr. Robert G. Muladore Law Office of Robert G. Muladore PLC 2779 Narrow Lake Road Charlotte, Michigan 48813-8100 (517) 898-9676 [email protected] Thomas Johnston Independent Food Retailers Association 123 Trinklein St Frankenmuth, MI 48734 [email protected] 989-992-8996 Howell Chamber of Commerce Janelle Best – President [email protected] 517-546-3920 Ingham County Friend of the Court – Retired James Pocock 2349 Sapphire Lane East Lansing, MI 48823 [email protected] 517-899-4121 7 of 8 Page 246 of 315 Knaggs Brake, PLC Rhonda Kunkel Hampton 2571 Westshire Drive, Suite 100 Lansing, MI 48917 [email protected] 517-622-0590 ADDITIONAL INFORMATION The rates the firm use is generally $250 per hour for work done by an Attorney, and $85 per hour for work done by the paralegal. However, we have set contracts at lower hourly rates when we have a long-term contract with minimum hour requirements. For example, we have lowered our hourly rate to $175 per hour for Attorney work when there was a $10,000 monthly minimum. We are willing to negotiate the hourly rate depending on the scope, and amount of work that is required. We are a small local firm and are positive representatives for the area. A number of us have lived in the area for the majority of our lives and attended Michigan State University. We believe we would be strong advocates for the city, and the citizens of East Lansing. We would be happy to serve the community in any way we can. 8 of 8 Page 247 of 315 4084 Okemos Rd., Suite B Okemos, MI 48864 [email protected] 517-522-2550 CONTRACT FOR LEGAL SERVICES 1. This Contract for Legal Services is between The Law Offices of Casey D. Conklin, PLC (“Law Firm”) and The City of East Lansing and The East Lansing City Counsel (“Client”). Law Firm expects the assistance of Client in fulfilling the goal of the representation by providing a true and accurate picture of the circumstance surrounding the representation. 2. Client requests legal representation relating to the circumstances surrounding City of East Lansing Attorney Services listed in the proposal documentation including legal counsel, opinions, consultation, and coordination with special counsel. Additionally, attendance at a variety of meetings, including City Council meetings. Client is hiring Law Firm to address any and all services listed in the proposal and award, as well as any services not specifically exempted by this Agreement. 3. Independent Contractors: The Law Firm shall be deemed under this contract as an Independent Contractor as that term is commonly used, and Law Firm’s employees are not and shall not be considered subcontractors or employees of the Client and has no authority to bind the City in any manner. Law Firm shall be solely responsible for the withholding and reporting of all federal, state, and local income and employment taxes. Law Firm acknowledges that it is not insured in any manner through the Client for any bodily injury, personal injury, or property loss whatsoever. 4. Limitation of Liability: Except for indemnification pursuant to this agreement, neither party shall be liable to the other, or any of their respective agents, representatives, or employees for any lost revenue, lost profits, loss of technology, rights or services, incidental, punitive, indirect, special or consequential damages, loss of data, or interruption or loss of use of service, even if advised of the possibility of such damages, whether under theory of contract, tort (including negligence), strict liability or otherwise. 5. Indemnity: The contract shall provide that Law Firm shall, to the fullest extent permitted by law pursuant to MCL 691.991(2), defend, indemnify and hold harmless the City, and its elected and appointed officers, agents, servants, and employees from any and all claims, damages, losses, expenses, liability, judgment, or liens, including reasonable attorney fees and other costs of defense arising out of any acts, errors or omissions or the discharge, release or escape of contaminants or hazardous substances by Law Firm or by anyone acting on their behalf under or 1 Page 248 of 315 in any matter connected with this agreement. Law Firm’s obligations to indemnify the Client shall survive the expiration, non-renewal, or termination of this Agreement. 6. Liability Insurance: Law Firm has, and will maintain in full force and effect during the entire term of this agreement a policy of comprehensive general liability insurance, including professional errors and omissions, with limits of liability of not less than $1,000,000 and workers disability compensation insurance in compliance with Michigan’s statutory limits, and shall provide a certificate of insurance to the Client naming the Client as a certificate holder, which certificate shall provide that the Client shall receive at least 30 days prior written notice of cancellation or nonrenewal of such insurance. 7. Non-Assignment: There shall be no authority on the part of Law Firm to subcontract, assign, or otherwise dispose of any portion of the services to be performed without the prior written authorization of the Client. In the event that the Client authorizes a subcontract, assignment, or disposition, Law Firm solely shall be responsible for managing, directing and paying the subcontractors or assignees, and the Client shall have no obligations whatsoever toward said subcontractors or assignees. Consent to subcontract, sassing, or otherwise dispose of any portion of this Agreement shall not be construed to relieve Law Firm of any responsibility for the fulfillment of any contract entered into. a. By executing this Agreement Client consents to the unlimited use of contractors listed in the Proposal submitted by Law Firm, specifically Joseph O’Connor, and Ashley Prew. 8. Criminal Background Investigation Requirement: There shall be satisfactory completion of a criminal background investigation for all persons having access to Client facilities under this Agreement. The Law Firm will be required to provide to the city a list of all employees and employees of Sub-Contractors who are proposed to be working under any contract, as well as the results of background checks of those employees prior to City Council authorization of the subcontractor agreement. This list shall include the full name and date of birth of each employee, any aliases of each employee including maiden names, and shall differentiate between employees proposed to have access to secure areas of City Hall and those who will work in other areas of City facilities. Secure areas of City Hall are those areas utilized for the administration of criminal justice and include: Dispatch, Jail, any portion of the Police Department, Probation Department, and Courts. Law Firm will investigate employees proposed to work under this Agreement using the Michigan Internet Criminal History Access Tool (IChAT), the Michigan Sexual Offenders Registry and the Michigan Corrections website. In addition, employees proposed to work under this Agreement who will have access to secure areas of City Hall will also be subject to investigation thru the Law Enforcement Information Network (LEIN). 2 Page 249 of 315 Law Firm or employee of Law Firm, who have any felony convictions, misdemeanor convictions that involve crimes against person, or drug offenses will not be allowed to work in any City of East Lansing facility. The City of East Lansing reserves the right to limit areas of access for individual employees, to prohibit certain employees work in City facilities un this Agreement, or to otherwise limit or eliminate any employees access to any City facility or portion of City facility, based on the information collected, as the City Council deems to be in its best interest. 9. Client understands that, as with any civil action, the timetable of completion may be lengthy and include a number of years before resolution. Therefore, Client understands that the desired pace of the litigation, to the point it can be controlled by Law Firm, will not outweigh the quality of work product. Law Firm will not “rush” its product to pacify Clients’ desires to move forward to the next step in the process. 10. Client understands that if, after reasonable investigation of the claims and circumstances of the incident outlined above, and if informal resolution should fail, it is determined at Law Firm’s sole discretion that a formal suit is not wise or advisable, Law Firm shall not contract for such services and the representation shall cease. 11. Client retains Law Firm to represent him or her for only the matters set forth above. This contract is for the original action pertaining to the afore described transaction or occurrence, and Law Firm is not obligated to file motions for reconsideration, or any appellate documents in the event of dismissal of the claim. Any other or additional matters must be set forth in a separate Contract. Any gratis advice that Law Firm may provide to Client, as a professional courtesy, shall not serve as a waiver of this provision. 12. The fees set forth in this Agreement are hourly fees and may not be applied toward any other legal matter unless described in paragraph (2) of this agreement. This contract comports and is approved pursuant to Michigan Supreme Court Order #135053. 13. Client agrees to pay Law Firm the following fees and costs: a. HOURLY FEE: In exchange for Law Firm’s services and taking such other steps as are necessary to provide the Attorney services, Client agrees to pay Law Firm an hourly Fee of $250 per hour for attorney work, and $85 per hour for paralegal work. b. EXPENSES: Client also agrees to pay, in addition to the hourly Fees, any and all expenses incurred in representation of Client. (Court filing fees, mailing and document reproduction expense, court transcript charges, medical record reproduction charges, vehicle mileage at the current IRS rate, etc.) Law Firm shall bill client for any fees in a monthly statement, which shall be due and payable upon thirty days of receipt (Net 30). 3 Page 250 of 315 14. Law Firm agrees to accept the fees set forth in Paragraph 7 from the Client and perform the necessary legal services in conjunction with the matter described in Paragraph 1 on Client’s behalf with diligence and dispatch in connection with this legal action. 15. Client is hereby informed that Michigan Rule of Professional Conduct 1.16 allows Law Firm to withdraw from representation of the Client if any of the following should occur: a. Client insists upon pursuing a course of action that Law Firm considers repugnant or imprudent. b. Client fails to pay the fee(s) required under this Contract within ten days after being advised that non-payment will result in withdrawal; c. Continued representation will result in an unreasonable financial burden to Law Firm; d. Client fails in his agreement to provide complete truthful cooperation or if Law Firm later discovers information has been withheld or is false. 16. Client understands that as with any law firm, this office is unable to make promises or guarantees with respect to any outcome of this matter and therefore makes no promises or guarantees with respect to said outcome. This office will strive to obtain the most favorable outcome while adhering to the highest ethical standards of the profession. 17. Client understands that Law Firm will not discuss the case with his or her family members, or others, unless Client provides written authorization to allow Law Firm to discuss the issues involved in the representation of Client. 18. Client agrees that Law Firm will make the procedural decisions, such as whether or not to grant extensions, and all other legal procedural decisions. Client will participate in all settlement discussions and will be informed of all steps taken in the representation. 19. Law Firm shall strive to meet the highest professional standards in its representation of Client. However, as in any professional relationship, the parties acknowledge that a dispute may develop. Client shall agree to refer any cause of action, legal or equitable claim, or dispute of any kind whatsoever with Law Firm, its attorneys and personnel, at Law Firm’s option, to binding arbitration pursuant to the rules of the American Arbitration Association to take place in Ingham County, Michigan. 20. Client hereby authorizes Law Firm to endorse checks, money orders, or other negotiable instruments received incident to this representation on his or her behalf for deposit into Law Firm’s trust account. Client shall receive regular statements of any monies so held in trust, as herein described. 4 Page 251 of 315 21. Client and Law Firm agree that if any provision of this Agreement is held unenforceable or legally invalid, the remaining provisions shall remain in full force and effect. 22. Client acknowledges that no promises have been made to them and that no other terms or conditions have been agreed upon other than those terms and conditions that are set forth in this three page contract. I have read pages 1 through 5 of this Contract for Legal Services consisting of paragraphs 1 through 20, and one paragraph entitled “OTHER”. I have affixed my signature to this Contract because I fully and completely understand and agree to all of the terms, conditions, and requirements set forth in this Contract for Legal Services. Date: ______Client Printed Name ______Client Signature Provisionally accepted, pending receipt of the payment described above, on this _____ day of ______, 20____, by: The Law Offices of Casey D. Conklin, PLC. By:______ Casey D. Conklin On behalf of The Law Offices of Casey D. Conklin, PLC 5 Page 252 of 315 OTHER: In an effort to reduce costs to both the Law Firm and our clients, we would like to give you the opportunity to receive your documents via e-mail. Please choose your preference below. ______I prefer to receive my copies of legal pleadings and correspondence via e-mail. My e-mail address is: ______. I understand that if I choose this option, The Law Offices of Casey D. Conklin, PLC, will e-mail all pleadings and correspondence to this account. If I change e-mail accounts, I understand it is my responsibility to notify The Law Offices of Casey D. Conklin, PLC of any changes. ______I prefer to receive my copies of legal pleadings and correspondence through the U.S. Mail. 6 Page 253 of 315 Page 254 of 315 Page 255 of 315 Bloom Sluggett, PC COUNSELORS & ATTORNEYS David M. Eberle Direct Dial (616) 965-9346 Direct Fax (616) 965-9347 david(a7b1aomsluggeu.com August 19, 2020 Mr. George Lahanas Via Overnight Delivery City Manager City of East Lansing 410 Abbott Rd. East Lansing, Michigan 48823 Re: City of East Lansing - Bloom Sluggett, PC Proposal for City Attorney Services Dear Mr. Lahanas: Enclosed are six copies of the proposal from Bloom Sluggett, PC in response to the City of East Lansing’s request for proposals regarding City Attorney services. We thank the City Council for its consideration in this matter. Sincerely 161 Ottawa Ave NW . Suite 400 . Grand Rapids . MI 49503 . t 616.965.9340 . f 616.965.9350 . www.bl00msluggett.c0m {99999-001-001Page10752.1} 256 of 315 Bloom Slu88ett, PC Counselors & Attorneys PROPOSAL FOR CITY ATTORNEY SERVICES CITY OF EAST LANSING, MICHIGAN August 2020 Bloom Sluggett, PC 161 Ottawa Ave. NW, Suite 400 Grand Rapids, MI 49503 www‘b1ooms1uggett.com Phone: (616) 965-9340 Fax: (616) 965-9350 Federal Taxpayer ID #: 45-4497441 Jeff Sluggett Phone: (616) 965-9341 Fax: (616) 965-9351 [email protected] This proposal remains in effect for 90 days following the proposal opening. (99999-001—00110403.4}Page 257 of 315 Page 258 of 315 INTRODUCTION Bloom Sluggett, PC (“BSPC”) is pleased to present this proposal to provide legal services for the City of East Lansing (the “City”). We would welcome the opportunity to review our proposal or answer questions in more detail. BSPC was formed in April 2012 by shareholders Cliff Bloom and Jeff Sluggett as a boutique law ?rm specializing in municipal law, riparian law, and real estate law. Both Cliff and Jeff had worked successfully for larger law ?rms in Grand Rapids; but, after much deliberation, they determined that a smaller ?rm focusing on these three areas of the law would allow them to best serve their clients in a cost-effective manner. We have not regretted the decision to focus our practices. Attorneys Dave Eberle, Danielle Dawson, Amy R. Jonker, Michelle Landis, and Brandon Stewart also practice with the ?rm. BSPC attorneys continue to practice in a limited number of specialized areas and concentrate first and foremost, on representing public sector clients. Several of our attorneys have been recognized for their public sector practice in Michigan through various awards, peer recognition, and other acknowledgements. At BSPC, our standard is excellence. We strive to deliver the highest quality legal services in a prompt fashion and at a reasonable price. To enhance ef?ciencies, we maintain relationships with other attorneys whose expertise may be called upon when needed. Ultimately, the responsibility for the legal services provided rests with BSPC. We are proud to serve our clients and we will always put our clients ?rst. Our attorneys serve local governments, public agencies, individuals and public authorities in the following areas: Ordinance Enforcement Appellate Practice General Municipal/Public Sector Law * Riparian/Water Law Ordinance Dra?ing Contract Negotiations Litigation Property Tax Appeals Zoning and Planning Tax Increment Financing Eminent Domain Administrative Law Special Assessments Real Estate Annexation/425 Agreements Land Division For an identi?cation of the areas of expertise of each of our attorneys, please see the biographical section included. * Broad term including those aspects of the RFP Scope of Services not otherwise stated Page 259 of 315 Page 260 of 315 FIRM ATTORNEYS ATTORNEY JEFF SLUGGETT Under our proposal, Jeff Sluggett would to serve as a primary contact for City legal services. A graduate of the University of Oregon Law School (1986), Jeff has over 30 years’ experience in the legal ?eld. His practice is devoted to public sector legal work. He has extensive experience in a wide range of municipal legal issues and represents over 20 communities and public authorities as general counsel. The longstanding relationship that Jeff enjoys with many of his clients is the aspect of his practice that he most values. Clients, other municipal counsel, and municipal administrators and of?cers often look upon Jeff to participate in various speaking engagements regarding municipal legal topics. He is also a contributor to Michigan Municipal Law, published by the Institute for Continuing Legal Education of the State Bar of Michigan and has published in other venues on numerous occasions. In addition to being a ten-time recipient of the Michigan Super Lawyers rating in the area of public sector law, Jeff has also received the highest designation of AV Preeminent by Martindale Hubbell for over ten years and was selected in 2010 as a Distinguished Michigan Attorney of the Year by the Michigan Association of Municipal Attorneys upon the recommendation of his clients. In 2017, 2018, 2019, and 2020 he was selected for inclusion in The Best Lawyers in America for his practice in the area of municipal law. Jeff was also chosen as “Lawyer of the Year” in 2019 by Best Lawyers for his work in municipal law. A former chairperson of the Government Law Section of the State Bar of Michigan (2007-2008), Jeff continues to actively serve on that body. In addition, he is a member of the State Bar of Michigan, the Grand Rapids Bar Association and the Michigan Association of Municipal Attorneys. Aside from his professional legal work, Jeff is engaged in various civic organizations. Jeff is married and lives in the Grand Rapids area. Practice Area: General municipal law including zoning, planning, elections, Freedom of Information Act, Open Meeting Act, tax increment ?nancing, special assessments, code and ordinance drafting, real estate, and public contracts. Bar Admission: State of Michigan (1986) (P39440) Western District of Michigan*(1986) * If BSPC is selected to provide legal services for the City, Jeff will gain admission to the Eastern District of Michigan as well if the City desires. Page 261 of 315 ATTORNEY CLIFF BLOOM Cliff has over 33 years of legal experience. Originally from Grand Rapids, he received his undergraduate and law degrees from the University of Michigan (1983). He has practiced law in Grand Rapids ever since. Cliff is a recognized expert in the ?eld of riparian law and serves as the general legal counsel for the Michigan Lake & Stream Associations, Inc. and is co-counsel for the Michigan Waterfront Alliance. Among his various printed works Cliff authors a regular column for the Michigan Riparian Magazine and has written several books for the Michigan Township’s Association. Having lectured on a variety of real estate and municipal topics, Cliff has served as general legal counsel for over 20 Michigan townships, and as general counsel for the City of Newaygo, the City of Stanton, and the Village of Lake Isabella. He has extensive experience in zoning and planning matters and has lectured on those issues for various organizations including the Michigan Townships Association. In addition to being a twelve- time recipient of the Michigan Super Lawyers rating, Cliff has also received the highest designation of AV Preeminent by Martindale Hubbell. Practice Area: Real estate, riparian, zoning and planning, and public sector law. Bar Admission: State of Michigan (1983) (P356l0) Page 262 of 315 Under our proposal, Dave Eberle would to serve as a primary contact for City legal services. Dave earned his Bachelor of Science degree in Political Science and International Relations from Calvin College and his Juris Doctor from Michigan State College of Law (2017). He is a credentialed Master Citizen Planner. Prior to joining Bloom Sluggett, Dave served as an Assistant Prosecuting Attorney for Ionia County, ere he was responsible for the prosecution of misdemeanor and felony cases. Additionally, he also represented the Michigan Department of Health and Human Services in abuse neglect proceedings, and the Prosecutor’s Of?ce in a wide variety of specialty courts (including Veterans Court and Sobriety Co urt ). Dave is a member of the State Bar of Michigan’s Government Law Section, the Prosecuting Attorneys Association of Michigan, the Michigan Association of Municipal Attorneys, and the Michigan Municipal League. Dave resides in Lowell with his wife and children and serves as an intelligence of?cer in the Army Reserve. Practice Area: General municipal law including zoning, planning, elections, Freedom of Information Act, Open Meeting Act, special assessments, code and ordinance drafting and prosecution, real estate, and public contracts. h W Bar Admission: State of Michigan (2018) (P82459) Sault Ste. Marie Chippewa Tribal Court (20l9)* *If BSPC is selected to provide legal services for the City, Dave will gain admission to the Eastern and Western Districts of Michigan as well if the City desires. Page 263 of 315 Page 264 of 315 ATTORNEY AMY JONKER Amy has over ?fteen years of litigation experience ranging from municipal and administrative courts to state and federal trial and appellate courts to arbitrations and mediations. She fell in love with the courtroom in law school when she joined the trial team and has been litigating ever since. While her practice has covered a wide array of civil litigation, she has developed an expertise in the areas of complex commercial litigation, real estate, banking and tax, and employment law. Amy is a detailed-oriented problem solver who seeks to deliver success?il outcomes grounded in comprehensive, creative, and professional advocacy. She prides herself on successfully preserving wins on appeal. Amy gained her skill set by working with large law ?rms in Chicago and Grand Rapids for the majority of her career. Originally from Grand Rapids, Amy attended Calvin College, then obtained her law degree from DePaul University College of Law (2004). She served as captain of the trial team, won multiple awards for her trial skills, served as editor of the Women’s Law Journal, and interned with Judge Matthew Kennelly of United States District Court for the Northern District of Illinois. She was admitted to the Illinois bar in 2004 and to the Michigan bar in 2009, as well as to multiple federal jurisdictions. She has won awards for her pro bono work in trial court and was named a Rising Star by Super Lawyers. Amy moved back to Grand Rapids in 2012. When she's not litigating, she can be found ?y-?shing, downhill skiing, and building sandcastles with her family. Practice Area: Commercial real estate, banking and tax, and employment law litigation Bar Admission: State of Michigan (2009) (P73906) State of Illinois (2004) Eastern and Western Districts of Michigan (2009) Northern and Southern Districts of Indiana (2005) Northern, Central and Southern Districts of Illinois (2004) Seventh Circuit Court of Appeals (2004) Sixth Circuit Court of Appeals (2016) Page 265 of 315 ATTORNEY MICHELLE LANDIS Michelle's areas of expertise lie in commercial real estate, business, and public sector law. After receiving her law degree, with honors, from Arizona State University (1999), Michelle began her legal career in the Phoenix area, gaining expertise in labor and employment law, as well as a specializing in the representation of condominiums and homeowner associations. After returning to her midwestern roots, Michelle was admitted to the Michigan bar where she began her focus on public sector law and continued to develop her real estate practice. Michelle grew up outside of Chicago in McHenry, Illinois and attended the University of Illinois Champaign-Urbana for her undergraduate studies, where she graduated magna cum laude with high distinction in comparative literature, having spent one year of her studies abroad at La Sorbonne in Paris. She then went to graduate school at Indiana University and holds two master’s degrees, in comparative literature and applied linguistics. She has also taught writing courses as an adjunct faculty member at Arizona State University, and freshman composition courses at Indiana University, as well as “English as a Second Language” to non-native speakers from around the world. In her spare time Michelle enjoys reading, hiking, traveling, and playing golf and tennis. Practice Area: Commercial real estate, business and public sector law Bar Admission: State of Michigan (2007) (P70518) Page 266 of 315 ATTORNEY BRANDON STEWART {OF COUNSEL) Brandon attended the University of Michigan where he graduated with honors, and Michigan State Law School as a King merit scholar where he graduated Magna Cum Laude (2005) with a corporate and securities focus. Brandon has specialized in business, real estate, and transactional matters. He presents a unique solution for Michigan businesses, business owners, developers, real estate investors, and other West Michigan clients by delivering top tier corporate and transactional expertise in a small ? setting, complete with personal attention and value that is unparalleled in larger ?rms. Brandon honed these skills through the years of work in some of Michigan’s largest law ?rms and as in-house counsel to a tier one GM supplier. In 2011, having observed that the large law ?nn model often fails to meet client’s needs and expectations, Brandon founded his own ?rm which he operated until joining Bloom Sluggett in November of 201 7. At Bloom Sluggett, Brandon continues to focus his practice exclusively on business and real estate and has also proven a valuable addition to the ?rm’s practice by assisting the ?rm’s many municipal clients with their contractual, transactional, and real estate needs. Brandon’s unique solution to clients’ needs — delivering knowledge and skills in complex practice areas typically only found in the largest ?rms at a signi?cant cost advantage — has earned Brandon loyal client relationships with some of Michigan’s best known corporate brands, national franchises, international companies, and real estate investors and developers. Delivering these services in the small ?rm model also enables Brandon to assist small and new businesses at rates investor and entrepreneurs can manage. Practice Area: General business, real estate and transactional law. Bar Admission: State of Michigan (2005) (P68940) State of Florida (2010) (85465) Page 267 of 315 Page 268 of 315 Paralegal Page 269 of 315 kc le s g] k@§augatuck?re.org mfalcon@l_1owardcity.org vanmngardencggplain?eldmiorg [email protected] g.madura@alQinew_vp.org ‘[email protected] robert.deward@gainestownshigorg Page 270 of 315 '[email protected] www.bloomslugge1t.com Page 271 of 315 REQUESTFOR PROPOSALS City Attorney Services April 29, 2019 PROPOSAL & AWARD all proposa The undersigned having become thoroughly familiar with and understanding the totall fees as documents attachedhereto, agrees to provide the services as speci?edherein, for stipulatedherein, subject to negotiation. I hereby I hereby state that all of the inform atiou I have providedis true, accurate and complete. accepted state that I have authority to submit this proposalwhich will become a binding contrsm if by the City Councilof the City of East Lansing. of I hereby state that I have read, understandand agree to be boundby all of the terms this proposal. Signature Title: Shareholder Print N . ,- . ,- Date Z/gézp Title: 7 :::mme:Cli Date Share;g?ifolii;,1 Firm Name: Bloom Sluggett, PC Address: 161 Ottawa Ave. NW Suite 400 Grand Rapids, MI 49503 Phone: (616) 965-9340 Fax: (616) 965-9350 Page 272 of 315 Page 273 of 315 Page 274 of 315 Page 275 of 315 Page 276 of 315 4.A.l4 Providing the Mayor and Council with guidance as to Robert’s Rule of Order and related procedural matters. 4.A. l 5 Preparation of legal opinions at the request of the Council or City Manager 4.A. 16 Providing the Council, and Administration a legal perspective and advice on various governmental issues. 4.A. 17 Performance other legal services and tasks as assigned by the Mayor or City Council. 4.A.l8 Services of the type described in this Section 4.A rendered in connection with Authorities or other entities associated with the City regardless of the funding source. Such bodies include, but are not limited to, the Downtown Development Authority, Downtown Management Board, Economic Development Corporation, Brown?eld Redevelopment Authority, and Local Development Finance Authority. 4.A.l9 Performance of any other duties, direct or implied, set forth in the City Charter as responsibilities of the City Attorney but not mentioned above. Services not covered by this Agreement. 4.B.l The retainer does not cover specialized legal services by others including special labor counsel, special environmental counsel, and bond counsel. 4.B.2 The retainer does not cover services by other lawyers retained by Council because of con?icts described in this Agreement. V. GENERAL CONDITIONS 5.1 Coordination. Except in the case of a con?ict of interest, the Firm shall coordinate the services of its attorneys and, if authorized by City Council, Special Assistant City Attorneys on City matters. All requests for legal services by department heads, staff, and City boards and commissions shall be approved pursuant to guidelines approved by City Council. 5.2 Performance and Lit_i ation Review. A Firm representative will meet annually with the City Council in Closed Session to consider the personnel evaluation of the Firm (the Firm requests a closed hearing for this purpose). A Firm representative shall meet quarterly to discuss an attomey-client privileged communication on the activities initiated at the request of the City Council or at the request of the City Manager or staff in accord with City Council Guidelines, as well as to review litigation policies and practices with respect to code enforcement and police Page 277 of 315 {99999-001-00110554.2} prosecutions, and to review and discuss litigation strategy and the progress of pending litigation. 5.3 Costs and Expenses . Costs and expenses set forth in Schedule 1 shall be separately charged. 5.4 Billings and Compensation. Payment of compensation shall generally be made on a monthly basis. Billings for services, costs, and fees shall be rendered promptly and monthly in form and substance as set forth in the Schedule 1. The Firm shall maintain records of time and services, which shall be available for inspection by the City Manager and/or the Council at reasonable times. 5.5 Independent Contractors. The Firm and its attorneys are not and shall not be considered subcontractors or employees of the City. The Firm shall be solely responsible for the withholding and reporting of all federal, state, and local income and employment taxes. The Firm acknowledges that it is not insured in any manner through the City for any bodily injury, personal injury, or property loss whatsoever. 5.6 Liability Insurance. The Firm shall obtain and maintain in full force and effect during the entire term of this agreement a policy of comprehensive general liability insurance, including professional errors and omissions, with limits of liability of not less than $ 1,000,000 and workers disability compensation insurance in compliance with Michigan's statutory limits, and shall provide a certi?cate of insurance to the City naming the City as a certi?cate holder, which certi?cate shall provide that the City shall receive at least 30 days prior written notice of cancellation or nonrenewal of such insurance. 5.7 Supplies. Generally, the Firm shall have its own supplies and of?ce equipment. On occasion, City supplies will be required for City services, and with the approval of the City Manager, and by his authority, the City will furnish same at its expense. By way of example. City stationery, if required, will normally be supplied by the City. Conflicts of Interest. The Firm agrees to exercise their best efforts to avoid representation of any person, party, or entity in any cause contrary to the interest of the City. Without the prior consent of City Council, the Firm will not represent any private person or entity on any matter in which the City is or may become an opposing party. The parties understand that the Firm currently represents a number of clients including businesses, private parties, and municipalities. Where a potential con?ict of interest because of such representation may occur, the parties shall proceed as follows: 5.8.1 For con?icts involving the prosecution of routine district court misdemeanor or civil infraction offenses, the Firm may identify the con?ict and refer such cases directly to the City Council approved persons or ?rms to handle such Page 278 of 315 {99999— matters with noti?cation of the referral to City Council. 5.8.2 In cases other than routine district court prosecutions, in the event of a potential con?ict of interest, the Firm shall identify the con?ict and inform both parties in writing identifying the potential cause of con?ict. The City Council shall determine whether the con?ict is material and, if it detennines that it is not, will instruct the Firm to continue representation of the City. Provided, however, the Firm may determine that the con?ict carmot be overcome and advise the City Council accordingly, taking steps to assist in obtaining alternative representation of the City and of the other party. 5.8.3 In the event the City Council determines that the con?ict is material, the City Council shall so infonn the Firm and the Firm shall assist the City Council and the other party in obtaining alternative representation for that matter. 5.8.4 In the event the City Council authorizes the Firm to continue representation of the City in the matter, the Firm shall do so in such a manner as to avoid disclosure of con?dential communications to any member of the Firm representing the other party. 5.8.5 Notwithstanding the above, the Firm and its attorneys shall act in accordance with the letter and spirit of the Michigan Rules of Professional Conduct as adopted by the Michigan Supreme Court as they apply to any matter involving a con?ict of interest or potential con?ict of interest. 5.9 Civil Rights Ordinance. The Firm will comply with the City’s Civil Rights Ordinance, Article II, Chapter 22 of the Code of the City of East Lansing, which in part requires that an employer not discriminate against any employee or applicant for employment with respect to hire, tenure, terms, conditions, or privileges of employment including bene?t plan or system, or a matter directly or indirectly related to employment because of religion, race, color, national origin, age, sex, height, weight, marital status, sexual orientation, gender identity or expression, student status, because of the use by an individual of adaptive devices or aids, or because of an arrest record when a conviction did not result, except as allowed under Section 22-3 3 (b)(6) of Chapter 22. Further, the Firm agrees that it will not discriminate on the basis of marital status, sexual orientation, or gender identity or expression by failing to provide employment bene?ts for employees with domestic partners that it otherwise provides for the spouse of a married employee. These requirements of Article II, Chapter 22, shall be considered material terms of this Agreement, and breach of any of these requirements will be regarded as a material breach of this Agreement. 5.10 Limitation of Liabilit . Except for indemni?cation pursuant to this Agreement, neither party shall be liable to the other, or any of their respective agents, Page 279 of 315 {99999-001-00110554.2} representatives, or employees for any lost revenue, lost pro?ts, loss of technology, rights or services, incidental, punitive, indirect, special or consequential damages, loss of data, or interruption or loss of use of service, even if advised of the possibility of such damages, whether under theory of contract, tort (including negligence), strict liability or otherwise. 5.11 Indemni?cation. The Firm shall, to the fullest extent permitted by law, defend, indemnify and hold harmless theCity, and its elected and appointed of?cers, agents, servants, and employees from any and all claims, damages, losses, expenses, liability, judgment, or liens, including reasonable attorney fees and other costs of defense arising out of any errors or omissions (not explicitly or implicitly approved by the City) by the Firm or by anyone acting on its behalf under or in any matter connected with this agreement. The City Firm’s obligations to indemnify the City shall survive the expiration, non-renewal, or termination of this Agreement. 5.12 Non-Assignment . Except as set forth in this Agreement, shall be no authority on the part of the Firm to subcontract, assign, or otherwise dispose of any portion of the services to be performed without the prior written authorization of the City Council. 5.13 Criminal BackgigoundInvestigation Requirement. The Firm agrees that there will be satisfactory completion of a criminal background investigation for all persons having access to City facilities under the contract. The Firm will be required to provide to the city a list of all employees and employees of Sub- Contractors who are proposed to be working under any contract, as well as the results of background checks of those employees prior to City Council authorization of the subcontractor agreement. This list shall include the full name and date of birth of each employee, any aliases of each employee including maiden names, and shall differentiate between employees proposed to have access to secure areas of City Hall and those who will work in other areas of City facilities. Secure areas of City Hall are those areas utilized for the administration of criminal justice and include: Dispatch, Jail, any portion of the Police Department, Probation Department, and Courts. The City Attorney will investigate employees proposed to work under the contract using the Michigan Internet Criminal History Access Tool (IChAT), the Michigan Sexual Offenders Registry and the Michigan Corrections website. In addition, employees proposed to work under this Contract who will have access to secure areas of City Hall will also be subject to investigation thru the Law Enforcement Information Network (LEIN). The City Attorney or any employee of the City Attorney who have any felony convictions, misdemeanor convictions that involve crimes against persons, or drug offenses will not be allowed to work in any City of East Lansing facility. The City of East Lansing reserves the right to limit areas of access for individual employees, to prohibit certain employees work in City facilities under the Contract, or to otherwise limit or eliminate any employees access to any City facility or portion of City facility, based on the information collected, as the City Council deems to be in its best interest. Page 280 of 315 {99999—001-001 10554.2} Page 281 of 315 SCHEDULE 1 Hourly rates for the following Shareholder/ Senior Associate Associate Paralegal 1. Appellate $205 $175 $95 2. Michigan Circuit $205 $175 $95 3. Federal District Courts $205 $175 $95 4. Michigan Tax Tribunal $205 $175 $95 5. Administrative $205 $175 $95 6. Workers Compensation $205 $175 $95 7. Tort $205 $175 $95 8. Michigan District Court $205 $175 $95 9. General Legal Services $205 $175 $95 Annual not to exceed cost*:$590,000.00 The hourly rates quoted above include all salary and compensation, overhead expenses, computer research, and other employee costs including, but not limited to, clerical and word processing expenses. Time is calculated in tenths of hours. These rates do not include costs and fees incurred for service of legal documents (e.g., subpoenas), or for outside services (e.g., transcript preparation), which are itemized and billed to the City at the actual amount incurred, using the most cost-effective service or methods. Additionally, BSPC would bill the City for actual expenses incurred on its behalf. These expenses generally include such things as travel costs, long-distance telephone charges, photocopying (beyond a set number of copies), hand delivery and courier services,and ?ling, record, certification and registration fees charged by the court or governmental agencies (where applicable) among others. T In circumstances where substantial costs are involved, BSPC may request that the City pay third parties directly. Costs are generally included in monthly invoices. BSPC is cost conscious consistent with good practice. * Subject to contract amendment. 1 Travel costs and other costs to be billed and compensated in conformance with the applicable City policies. Attomey/ paralegal travel time to be billed at ‘/2the regular rate. Page 282 of 315 {99999-001-00110554.2} APPENDIX B sé Corporation - Online Filing System epanmenl of Licensing and Reguialory Affairs ID Number: 800985610 Request Summary for: BLOOM SLUGG , P.C. The name of the DOMESTIC PROFESSIONAL CORPORATION: BLOOM SLUGGEIT, P.C The name was changed from: BLOOM SLUGGEIT MORGAN,P.C, on 04-24-2017 The name was changed from: BST OF GRAI‘ D RAPIDS, P.C. on G4-11«2012 Date of Incorporation in Michigan: 12./27:’2011 Term: Perpetual Most Recent Annual Report: 2020 State: MI Zip Code: 49503 Zip Code: -19503 Page 283 of 315 Page 284 of 315 440 BURROUGHS ST., SUITE 193 321 WEST LAKE LANSING ROAD DETROIT, MICHIGAN 48202 Sean P. Gallagher EAST LANSING, MICHIGAN 48823 313.969.0475 [email protected] 517.230.3630 August 21, 2020 VIA HAND DELIVERY City Attorney Services City of East Lansing Attn: George Lahanas 410 Abbot Road East Lansing, Michigan 48823 RE: Proposal for City Attorney Services Dear Mr. Lahanas and Honorable Council Members: Enclosed is our proposal for delivering legal services as City Attorney in response to the Request for Proposals issued by the City. We welcome the opportunity for a dialogue with you on this Proposal. Thank you for your consideration. Respectfully, SEAN P. GALLAGHER PLC Sean P. Gallagher Enclosure Sean P. Gallagher PLC, a Michigan professional limited liability company Page 285 of 315 440 BURROUGHS ST., SUITE 193 321 WEST LAKE LANSING ROAD DETROIT, MICHIGAN 48202 Sean P. Gallagher EAST LANSING, MICHIGAN 48823 313.969.0475 [email protected] 517.230.3630 PROPOSAL FOR CONTRACTED CITY ATTORNEY SERVICES I. BUSINESS ORGANIZATION Sean P. Gallagher PLC is a Michigan professional limited liability company which provides legal services and is taxed as an S-corporation. The firm operates under the Michigan registered assumed name of Gallagher Law and maintains offices at 321 West Lake Lansing Road in East Lansing as well as a coworking space membership at TechTown Detroit. II. APPLICABLE EXPERIENCE A. Firm Profile, General History, and Proposed Service Program Gallagher Law, established by Sean P. Gallagher, is a local East Lansing firm dedicated to advising a broad range of diverse clients. The founding member, Sean, has experience which includes a variety of private and public engagements, including appellate litigation, public pension administration and governance, administrative proceedings, employment, business and investment litigation, constitutional, contract, energy, environmental, municipal, local unit financial stability, governmental transparency, and zoning law. Sean’s first public legal service role was serving in 2007 as a judicial extern for the Honorable William E. Collette, Ingham County Circuit Court. Beginning in 2008, Sean worked with a prominent Michigan-based multinational law firm, first as a summer associate, then as a law clerk, and later in fulltime practice as a licensed attorney from late 2009 to early 2019, serving both public and private clients in a variety of engagements. Sean gained a breadth of municipal experience in service as outside counsel to the City of Detroit Retirement Systems. That experience began with serving as investment and other litigation counsel and over time included support of Freedom of Information Act and Open Meetings Act compliance, benefits litigation, benefits administrative operations, and support in employment and other matters. Sean served at the heart of the litigation team that served the Detroit Retirement Systems before and during the City of Detroit’s historic Chapter 9 bankruptcy proceedings and served as legal project lead for the implementation of the adjustments required by the City’s Court- confirmed Plan for Adjustment of Debts, which included negotiation and execution with representatives of the City and the Governor’s Office on the implementation and timing of benefit adjustments. Sean later gained experience supporting the general counsel function for the Police and Fire Retirement System of the City of Detroit and later served its Investment Committee. Sean P. Gallagher PLC, a Michigan professional limited liability company Page 286 of 315 City of East Lansing – City Attorney Proposal August 21, 2020 Recognition of Sean’s experience and performance followed. In 2014, Sean was honored by the Ingham County Bar Association with its Top 5 Under 35 Award. From 2015 to 2019, Sean was named a Michigan Super Lawyers® Rising Star in Business Litigation. Gallagher Law focuses on delivering high-value legal services to keep its clients well- advised to meet the precise legal and practical challenges they face in their industries. Sean has experience in areas outside the scope of work to be performed including energy regulation and procurement, public pension administration, and marihuana regulation. Sean’s professional network of attorney contacts over almost twelve years of full-time practice affords the benefit of assisting as the City Attorney as a general counsel and finding the right attorney resource to assist when special or unusual needs arise. Gallagher Law proposes to meet the City’s required Scope of Services with service tailored to meet the City’s needs for legal services. Gallagher Law will utilize experienced legal resources to meet the City Attorney function’s need for general counsel and prosecuting attorney with the experience to know when specialized legal counsel is appropriate to recommend as special counsel. Effective October 1, 2020, Erin Housefield has agreed to join Gallagher Law. Ms. Housefield currently serves the City as an Assistant City Attorney and handles all district court matters, including criminal and civil infraction East Lansing Police Department and Parking and Code Enforcement tickets, housing code violations, building code violations, and vacant properties and dangerous buildings litigation. Erin receives and processes all discovery matters for the City Attorney’s office pursuant to the court rule change effective May 1, 2020, requiring discovery in District Court misdemeanors. Erin handles the appellate work arising from district court litigation and has litigated at all levels of Michigan state courts. Gallagher Law intends to subcontract with Paul Cervenak of The Lowe Law Firm to handle and support delivery of services to the City on land use, land purchase and sale agreements, tax increment financing, public works issues, environmental and zoning and land use regulations B. Municipal Clients The following are the firm’s former municipal clients: 1. Investment Committee, Police and Fire Retirement System of the City of Detroit, 500 Woodward Avenue, Detroit, Michigan 48826. Special Counsel, August 2019-January 2020. 2. Marenisco Township, 314 Hall Street, Marenisco, Michigan, 49947. Special Litigation Counsel, September 2018-February 2020 (engagement began at prior firm). 2 Sean P. Gallagher PLC, a Michigan professional limited liability company Page 287 of 315 City of East Lansing – City Attorney Proposal August 21, 2020 Each of the attorneys below agrees that the City of East Lansing and its representatives are authorized to contact and interview any current or former municipal clients served by Gallagher Law or either Erin or Paul. Gallagher Law agrees that City Council may contact any organization or individuals, whether offered as references, existing and previous municipal clients, or otherwise, to obtain information that will assist the City in evaluating this Proposal, including copies of contracts and/or billing statements from bidder’s municipal clients. III. ATTORNEY IDENTIFICATION Sean P. Gallagher is proposed as City Attorney. Erin Housefield is proposed as Assistant City Attorney. Paul Cervenak of the Lowe Law Firm is proposed as Assistant City Attorneys operating through subcontractor relationships with Gallagher Law in the area of real estate, land purchase and sale agreements, tax increment financing, public works issues, environmental and zoning and land use regulations. Consistent with past practice, due to the nature of the prosecuting attorney responsibilities of the City Attorney’s Office, we request redaction of personal residence, telephone, and resume/information for the proposed City Attorney and Assistant City Attorneys when Council publishes Responses to the Request for Proposals and Resumes. A. Sean P. Gallagher, Managing Member & Attorney Sean Gallagher resides at 16875 Black Walnut Lane, East Lansing,1 Michigan 48823, Bar Number P73108. Mr. Gallagher graduated from the University of Notre Dame (B.A., Government and International Studies, 1998) and Michigan State University College of Law (J.D., 2009). He was admitted to the State Bar of Michigan in 2009, the U.S. District Court for the Eastern District of Michigan in 2009, and the U.S. District Court for the Western District of Michigan in 2010. He is admitted to the U.S. Court of Appeals for the Sixth Circuit. Sean’s legal experience includes nearly twelve (12) years in private practice serving both public body clients as well as businesses and individuals. His public body experience includes serving as litigation counsel for the Retirement Systems of the City of Detroit and their representatives in matters involving constitutional, benefits, investment contracts, and business tort claims. His experience also includes serving the Detroit Retirement Systems through the period of emergency financial management beginning in 2012, through the Chapter 9 bankruptcy process and implementation of pension adjustments and subsequently in a host of general counsel support and governmental compliance matters. Since 2015, Mr. Gallagher has practiced in the area of energy regulation and procurement involving investor-owned public utilities and municipal utilities, handling numerous contested case proceedings pursuant to the Administrative Proceedings Act and in Michigan appellate courts on behalf of businesses which use large amounts of energy. In 2019, Sean added state and local regulation of marihuana and industrial hemp to his 1 This address is situated in Bath, Michigan, served by the U.S.P.S. in East Lansing. 3 Sean P. Gallagher PLC, a Michigan professional limited liability company Page 288 of 315 City of East Lansing – City Attorney Proposal August 21, 2020 practice experience, with a focus on zoning regulation and the energy-intensive nature of the marihuana plant. To meet the City’s Scope of Services, Sean will handle direct support to City Council at all required regularly scheduled and special meetings concerning: governance, parliamentary procedure, governmental transparency including Open Meetings Act, Freedom of Information Act, and other regulatory compliance matters affecting Council and the City; ad hoc meetings with City representatives and others; city and intergovernmental contracts; land use; torts; litigation; workers compensation; public disclosure claims; environmental law; election law; and ordinance challenges. Our proposal includes assigning billing value to the Lead Attorney versus Support Attorney based on the requirements of the matter. For example, in the foregoing matters listed with Sean, he will serve as Lead Attorney and bill the City at the higher rate we propose for Lead Attorney. See Attachment 5. Support Attorney time will be billed at the accordingly lower rate on the matter. For matters where Erin serves in the Lead Attorney role, such as District Court matters, she will bill her time accordingly at the higher rate associated with Lead Attorney on a matter. Sean is a Member of the Ingham County Bar Association, the State Bar of Michigan (Member, Administrative & Regulatory Law Section and Marijuana Law Section), and the MSU Inn of Court. Gallagher Law is a member of the Michigan Association of Public Employee Retirement Systems and the Michigan Cannabis Industry Association. Sean’s resume is Attachment 1 and a list of Representative Matters is Attachment 2. B. Erin E. Housefield, Attorney2 Erin Housefield resides at 3 Bar Number P68690, graduated from the University of Michigan - Ann Arbor (B.A., 2002) and Michigan State University College of Law (J.D., 2005). Erin was admitted to the State Bar of Michigan in 2005, the U.S District Court, Eastern District of Michigan in 2006, and the U.S. District Court, Western District of Michigan in 2014. Erin’s legal experience includes: Assistant City Attorney for East Lansing, 2005-present; Assistant City Attorney for Mason, 2006-present; Assistant City Attorney for Charlotte, 2006-present. Erin is a member of the State Bar of Michigan (Member, Public Corporation Law Section, Criminal Law Section), the Ingham County Bar Association, the Clinton County Bar Association, and the Michigan Association of Municipal Attorneys. Erin’s resume is Attachment 3. To meet the City’s Scope of Services, effective October 1, 2020, Erin will continue in her current role as lead prosecutor ensuring a seamless transition for the 54B District Court, the East 2 Effective October 1, 2020. 3 Redaction requested pursuant to City practice. 4 Sean P. Gallagher PLC, a Michigan professional limited liability company Page 289 of 315 City of East Lansing – City Attorney Proposal August 21, 2020 Lansing Police Department, Parking and Code Enforcement, and Planning, Building, and Development. She will handle all district court matters, including criminal and civil infraction East Lansing Police Department and Parking and Code Enforcement tickets, housing code violations, building code violations, and vacant properties and dangerous buildings litigation. Erin will continue to receive and process all discovery matters for the City Attorney’s office pursuant to the court rule change effective May 1, 2020, requiring discovery in District Court misdemeanors. Erin will the appellate work arising from district court litigation and has litigated at all levels of Michigan state courts. C. Paul Cervenak, The Lowe Law Firm, Subcontractor – Real Estate Paul J. Cervenak resides at 731 Applegate Lane, East Lansing, Michigan, 48823. Bar Number P69288, graduated from the University of Michigan - Ann Arbor (B.A., 2002) and Michigan State University College of Law (J.D., 2005). Paul has been a shareholder with The Lowe Law Firm since 2014 and has substantial experience in various aspects of real estate, business and corporate law. His primary practice areas include business, corporate and complex transactional law, with a concentration on all aspects of real estate transactions, including those related to the acquisition, sale, leasing, and development of real estate. He assists clients with a wide range of business entity formations and business and corporate transactions. He is recognized by the Michigan business community with his knowledge and accomplishments, having been named to the Michigan Super Lawyers® Rising Stars List in the areas of business/corporate and real estate law every year from 2013 to 2017. Paul is active in many civic organizations. He currently serves with the East Lansing Public Library Board of Trustees and has served as a member of the East Lansing Planning Commission. Mr. Cervenak is in the process of seeking admission to practice before the U.S. District Courts for the Eastern and Western Districts. Paul’s resume is Attachment 4. To meet the City’s Scope of Services, Gallagher Law subcontract with The Lowe Law Firm for Paul to handle and support Sean on land use, land purchase and sale agreements, tax increment financing, public works issues, environmental and zoning and land use regulations. IV. ACCESSIBILITY OF ASSIGNED ATTORNEYS 1. City Attorney: Sean Gallagher Sean’s experience in private practice has regularly required daily, weekend, and evening accessibility by representatives of and other service providers to public body clients. His service to the City of East Lansing as City Attorney would be a continuation of that dedication to service. First, if appointed, as part of the transition even before October 1, 2020, Sean would begin by arranging a series of personal meetings with Council Members and City Department Heads to ensure they have his contact information and establish relationships upon which they can access 5 Sean P. Gallagher PLC, a Michigan professional limited liability company Page 290 of 315 City of East Lansing – City Attorney Proposal August 21, 2020 him by mobile telephone, email, and personally, as necessary, essentially at all hours. Second, Sean would be proactive about communicating any planned time out of the office to meet the City Attorney responsibilities, understanding that the COVID-19 pandemic has increased connectivity via remote video meeting via Microsoft Teams, Zoom, and other platforms. Third, Sean’s ordinary availability for ad hoc meetings in person, subject to previously scheduled meetings elsewhere, is essentially the travel time from his residence (12 minutes) or office (7 minutes) to City Hall. 2. Assistant City Attorneys Erin Housefield is currently the City’s lead prosecutor, handling most of the trials and hearings for criminal cases, civil infractions and housing enforcement. Most, if not all, of the police officers have her mobile phone number, and she is frequently contacted by police officers by phone or e-mail at all hours with questions concerning issues that arise during their shifts and often in the midst of an incident or traffic stop. The 54B Court Administrator, Deputy Court Administrator, Building and Code, Building Inspector, and Housing and University Relations Administrator all have her mobile phone number and regularly contact her with legal or procedural questions. Due to the COVID-19 pandemic, many of Erin’s responsibilities in serving the City have gone virtual. Erin is ordinarily available, subject to her responsibilities in the 54-B District Court, during business hours and via mobile telephone before and after those hours. Paul Cervenak lives in East Lansing and due to the COVID-19 pandemic has worked from his home in East Lansing with greater frequency than at his firm’s office space at 2375 Woodlake Dr # 380, Okemos, MI 48864. Ordinarily, at least one of the attorneys on the City Attorney team identified here will be able to respond and/or be available for meetings, be they virtual or in person. V. FACILITIES Gallagher Law operates in a suite of office spaces on the East side of the building at 321 West Lake Lansing Road which offers two conference rooms and an outdoor patio space for meetings, just seven minutes’ drive from City Hall near the corner of Abbot and Lake Lansing. The landlord provides a virtual private network arrangement with commercial-grade networked multifunction print and scanner machinery. The firm subscribes to the Lexis Nexis Lexis Advance legal research tool including all Michigan and federal statutes and case law as well as the Institute of Continuing Legal Education online resources which are provided with additional fees or client cost. VI. PERSONAL REFERENCES Sean P. Gallagher 1. Cynthia A. Thomas, 313.820.8277 2. Eric Schertzing, 517.303.7233. 6 Sean P. Gallagher PLC, a Michigan professional limited liability company Page 291 of 315 City of East Lansing – City Attorney Proposal August 21, 2020 3. Morgan Nelson Hutson, 517.290.6360. 4. Konrad Hittner, [email protected]. 5. Gabrielle Lawrence, 517.214.2629. Erin Housefield 1. Honorable Andrea Andrews Larkin, 517.336.8692. 2. Honorable Richard D. Ball, 517.336.8693. 3. Sheriff Scott Wrigglesworth, 517.599.4574. 4. Fred Bell, 517.881.5253. 5. Brian Jeffries, 517.353.3716. Paul Cervenak 1. Kristin Shelley, Director of the East Lansing Public Library, [email protected]. 2. Diane Goddeeris, former Mayor and City Council Member of the City of East Lansing, [email protected]. 3. Steve Hayward, Executive Director of the Lansing Township DDA, [email protected]. VII. ADDITIONAL INFORMATION Except as identified above, before executing any subcontract to perform work which is within the scope of services identified by this RFP, the firm shall obtain prior approval of the City Council. Gallagher Law agrees that renewal of any contract requires City Council reauthorization. The contract for services will be mutually terminable at the will of the City Council or of Gallagher Law upon 60 days’ written notice. This proposal is in effect for a period of ninety (90) days following the proposal opening. The firm consents to the City Scope of Work and Specifications. Gallagher Law is not currently a registered local or regional vendor with the City. Gallagher Law accepts the City’s Civil Rights Ordinance subject to any exclusions which might apply and understands that the requirements of Article II, Chapter 22, shall be considered material terms of this its Agreement with the City and breach of any of these requirements will be regarded as a material breach of that Agreement. 7 Sean P. Gallagher PLC, a Michigan professional limited liability company Page 292 of 315 City of East Lansing – City Attorney Proposal August 21, 2020 If appointed, Gallagher Law will be an independent contractor as the term is commonly used and its employees are not and shall not be considered subcontractors or employees of the City and have no authority to bind the City in any manner without prior approval consistent with the requirements of the Michigan Rules of Professional Conduct for Lawyers. Gallagher Law shall be solely responsible for withholding and reporting of all federal, state, and local income and employment taxes. Gallagher Law acknowledges that it is not insured in any manner through the City for any bodily injury, personal injury, or property loss whatsoever. VIII. FEE STRUCTURE 1. Appellate Lead Attorney Rates $185/hour Support Attorney Rates $160/hour 2. Michigan Circuit Court Lead Attorney Rates $185/hour Support Attorney Rates $160/hour 3. Federal District Court Lead Attorney Rates $185/hour Support Attorney Rates $160/hour 4. Michigan Tax Tribunal Lead Attorney Rates $185/hour Support Attorney Rates $160/hour 5. Administrative Lead Attorney Rates $185/hour Support Attorney Rates $160/hour 6. Workers Compensation $150/hour 7. Tort Lead Attorney Rates $185/hour Support Attorney Rates $160/hour 8. Michigan District Court/Housing & Building Lead Attorney Rates $175/hour Support Attorney Rates $125/hour 8 Sean P. Gallagher PLC, a Michigan professional limited liability company Page 293 of 315 City of East Lansing – City Attorney Proposal August 21, 2020 Law Student $70/hour 9. General Legal Services Lead Attorney Rates $185/hour Support Attorney Rates $160/hour Supplies and other materials will be billed monthly in an itemized manner at actual cost. All travel and other costs will be billed and compensated in conformance with personnel policies applicable to employees of the City of East Lansing. IX. INSURANCE COVERAGE Gallagher Law currently carries lawyers professional liability insurance in the amount of $1,000,000 per claim and $2,000,000 in the aggregate and worker’s disability compensation insurance in compliance with Michigan’s statutory requirements. If appointed, then we will provide the City with certification required by the Request for Proposals. X. CONTRACT Sean Gallagher is the person authorized to negotiate this proposed contract. A proposed resolution effecting the contract is included as Attachment 5. Sean can be reached at 517.230.3630 (mobile). 9 Sean P. Gallagher PLC, a Michigan professional limited liability company Page 294 of 315 ATTACHMENT 1 Page 295 of 315 SEAN P. GALLAGHER Founder & Managing Member Sean P. Gallagher PLC 321 West Lake Lansing Road East Lansing, Michigan 48823 [email protected] 517.230.3630 Sean Gallagher is regulatory attorney whose experience includes serving as an advisor, advocate, counselor, and strategist, with particular focus on highly-regulated areas of law, including municipal public employee pension funds, energy regulation and procurement matters involving industrial and other businesses, and cannabis and industrial hemp. Gallagher has assisted in protecting the interests of public pension participants, retirees, and their beneficiaries in litigation and regulatory compliance matters, serving as legal counsel to the Retirement Systems of the City of Detroit before, during, and after the City of Detroit’s Chapter 9 bankruptcy proceedings. He spent nearly a decade in fulltime legal practice with a multinational law firm before establishing his own firm, Gallagher Law, as an avenue to devote attention to delivery of client service needs in highly-regulated fields. Before entering law school in 2006, Gallagher worked for over six years in the professional association management consulting industry in the Chicago and Washington, D.C. offices of a leading association management firm after working for a national automobile leasing business in Chicago. EDUCATION • Michigan State University College of Law, East Lansing, Michigan o J.D. magna cum laude May 2009 o Dean's List, 5 semesters o Jurisprudence Achievement Awards (Contracts I, 2006; Contract Theory Seminar, 2008) o Geoffrey Fieger Trial Practice Institute Certificate Program o Moot Court & Trial Advocacy Board, Trial Oralist • University of Notre Dame, South Bend, Indiana o B.A., Government and International Studies, May 1998 o London Program, London, England, Spring 1997 • Detroit Catholic Central High School, Redford, Michigan, 1994 HONORS • Michigan Super Lawyers Rising Star, 2015 - 2019, Business Litigation • Ingham County Bar Association Top 5 Under 35, 2014 Page 296 of 315 ADMISSIONS & REGISTRATIONS • Michigan Bar No. P73108 (Nov. 16, 2009) • United States District Courts, Eastern and Western Districts of Michigan • United States Court of Appeals for the Sixth Circuit • Notary Public PRIOR EMPLOYMENT • Clark Hill PLC o Senior Attorney, Environment, Energy & Natural Resources (2017-2019) o Associate, Litigation and Municipal (2009-2016) o Summer Associate (2008) and Law Clerk (2008-2009) • Honorable William E. Collette, Mason, Michigan (2007) Judicial Extern, Ingham County Circuit Court & Michigan Court of Claims (2007) • John F. Schaefer Law Library, MSU College of Law, East Lansing (2007-2008) • SmithBucklin Corporation, Chicago, IL, and Washington, DC (2000-2006) o Professional association management • Enterprise Rent-A-Car, Chicago, IL (1998-2000) o Insurance replacement, retail, and corporate auto leasing underwriting and management RECENT INTERESTS AND ACTIVITIES • Attendee, Michigan Cannabis Industry Association Conference, Shanty Creek Resort, Bellaire Michigan, August 2020 • General Session Speaker, Michigan Association of Public Employee Retirement Systems Fall Conference, Kalamazoo, Michigan, September 2019 o Topic: “The Groovy Ostrich, The Classic Rock Wrestler, and The Lame Duck Keep Disco Alive: A Recent History of Efforts in Michigan to Address Local Financial Stability and the Importance for Public Employee Retirement Systems.” • Attendee, State Bar of Michigan Marijuana Section 4th Annual Conference, October 2019 • Attendee, Michigan Cannabis Industry Association Conference, Shanty Creek Resort, Bellaire Michigan, July 2019 • Member, St. Thomas Aquinas Parish Education Council, East Lansing (2016-present) • Volunteer, Detroit Catholic Central High School Law Day, Detroit (2014-present) • Member, MSU College of Law Inn of Court (2008-present) • Member, Ingham County Bar Association (2013-present) • Member, K-8 Facilities Review Committee, East Lansing School District (2010-2011) • Office Captain, Clark Hill Cares Service Day, Red Cross Mid-Michigan Food Bank (2010-2012) Page 297 of 315 ATTACHMENT 2 Page 298 of 315 Sean P. Gallagher – Representative Matters MUNICIPAL & APPELLATE In re The City of Detroit, Michigan (No. 13-53846, U.S. Bk. Ct. E.D. Mich.) Chapter 9 bankruptcy proceedings and compliance, 2013-2019, representing Detroit public pension fund creditors as part of legal, investment banking, and actuarial professional consulting team achieving substantial claim recovery for retirees, members, and beneficiaries concerning constitutional, benefit, and pension governance issues in hotly contested, politicized, and confidentially mediated matter. ● Lead attorney on negotiation with Governor’s Office and City of Detroit on implementation of pension adjustments; reporting to City pension fund General Counsels, Boards of Trustees, Investment Committees and Staff on continuing Chapter 9 Plan compliance, monitoring, and special reporting matters; managing discovery production supporting confidential mediation from clients, safeguarding personally identifiable information of over 10,000 retirees and active employees. North Point Advisors, LLC, et al v. Police and Fire Retirement System of the City of Detroit, et al. (No. 15-13471, U.S. District Ct. E.D. Mich.), 2015-2018. In matter involving defamation and intentional infliction of emotional distress claims by former investment manager against pension fund and chief investment officer, lead attorney on matter strategy, managing associate attorney on briefing, and lead attorney on client reporting, handling motion hearings, and discovery. Achieved 12(b)(6) dismissal1 on all but one tort claim with alleged value in excess of $400,000, and summary judgment on final claim order entered September 2018. Davis v PFRS, et al. (No. 14-10443, U.S. District Ct. E.D. Mich.), 2015-2017. In matter involving pro se plaintiff firefighter asserting claim against pension fund and executive director for duty disability benefit after denial in 1996. Lead attorney managing briefing in trial court and on appeal, handling oral argument on dispositive motion hearing with favorable dismissed on summary judgment on statute of limitations grounds, affirmed by U.S. Court of Appeals for the Sixth Circuit (Case No. 16-1748) on brief and without oral argument. OTHER MUNICIPAL ● Provided direct support to General Counsel, Board of Trustees, and Staff of Detroit police and fire pension fund as lead attorney on governmental transparency, benefits administration, and pension plan regulatory compliance matters, 2010-2019. ● Served in support role with varying levels of responsibility on attorney litigation teams for the Detroit pension funds on at least six (6) multi-million dollar investment litigation matters, including heavily litigated matters with expert witness and forensic accounting issues supporting criminal prosecutions of certain individuals, 2010-2015. ● Lead attorney handling at least five (5) pension benefit claims, 2015-2019. 1 Highlighted text in electronic version includes link to court orders, judgments, or dockets. Page 299 of 315 ADMINISTRATIVE PROCEEDINGS Electric Rate Cases ● Michigan Public Service Commission (“MPSC”) No. U-18322, 2017 Consumers Energy General Electric Rate Case, 2017-2018. Lead attorney on client reporting, strategy, prehearing, discovery, expert testimony development, hearing preparation and cross- examination of utility and Staff witnesses, advocating on capital structure, cost of capital, incentive compensation, regulatory asset treatment, cost basis for Cost of Service Study (“COSS”), rate design, and tariffs. Lead attorney on settlement negotiations and managing associate attorney on briefing to litigated result. ● MPSC No. U-18014, 2016 DTE Electric General Electric Rate Case, 2016-2017. Lead attorney handling hearing cross-examination, and briefing issues, including cost of capital, fixed cost allocation, voltage level discounts and other rate design issues, and revenue decoupling mechanism request. Lead on settlement negotiations. Litigated result. ● 7 additional cases for various Michigan electric utilities from 2014-2019. Natural Gas Rate Cases ● MPSC No. U-18124 2016 Consumers Energy Co. Lead attorney on client reporting, strategy, discovery, settlement negotiations, briefing, expert testimony development on cost of capital, storage cost allocation, investment recovery mechanism, lost and unaccounted for gas factor, and uncollectible expense treatment. Litigated result. ● 1 additional case, MPSC No. U-17999, 2015 DTE Gas Co. General Rate Case. Power Supply Cost Recovery (“PSCR”) Plan and Reconciliation Cases ● 10 cases, various Michigan electric utilities, 2016-2019. Lead attorney on client reporting, strategy, discovery, and briefing on issues, including related to FERC transmission owner complaint case refund flow-back and go-forward transmission owner ROE reduction savings, transmission costs, and recovery allocation. OTHER Enbridge Energy, Ltd. P’shp. v Upper Peninsula Power Co., MPSC Complaint Case No. U-17077, Michigan Court of Appeals No. 321946, Michigan Supreme Court Nos. 153116, 153118, 2014-2018 (closed). Lead attorney in Court of Appeals hearing following second-chair appellate brief drafting support resulting in favorable published opinion, reversing approval of ultra vires revenue decoupling mechanism rate increases, 313 Mich. App. 669, 678; 884 N.W. 2d 581 (2015), lv denied 500 Mich. 997; 894 N.W. 2d 605 (2017). Lead attorney on successful opposition briefing to applications for leave in Michigan Supreme Court filed by MPSC and UPPCo, supplemental briefing, mini-hearing on application, and negotiation of favorable settlement and briefing upon remand to MPSC. In re Application of Indiana Michigan Power Co., 2017 general electric rate case, MPSC No. U-18370, 2017-2018 (appeal pending). Lead attorney in game-changing effort to bring retail electric choice back to southwest Michigan: client reporting and advising; informal negotiations with I&M; discovery; motion practice; strategy including research regarding PJM FRR and FERC Sean P. Gallagher, Representative Matters 2 Page 300 of 315 context; negotiated schedule extension and correction of 20% annual future revenue error in $51 million filing; expert testimony development and briefing management with emphasis on capacity charge methodology alternative to support electric choice market viability under PJM FRR; settlement negotiations; stakeholder engagement; and favorable litigated result, MPSC Order April 12, 2018; successfully opposed petition for rehearing, MPSC Order June 28, 2018; Michigan Court of Appeals No. 343767, lead attorney on appellee briefing filed October 5, 2018. Consumers Energy Co. (Palisades Nuclear Securitization), MPSC No. U-18250, 2017 (closed). Lead attorney handling pre-hearing and client reporting; managing attorney on expert testimony development opposing overly costly securitization request; lead attorney on hearing, multiple rounds of settlement negotiations with utility, merchant generator (Entergy), Staff, intervening parties, and briefing to litigated result opposing proposed level of securitization but ultimately supporting utility’s alternative proposal developed during settlement negotiations. PolyOne Corp. v. Attorney General and Michigan Department of Environmental Quality, Local counsel supporting lead counsel on nuances of local practice at trial court and appellate levels to manufacturing client interest in environmental remediation consent decree enforcement matter against State of Michigan Department of Environmental Quality obtaining over $250,000 contract damages judgment; supported favorable result in Michigan Court of Appeals No. 339754); and supported opposition to application by for leave to appeal in Michigan Supreme Court No. 158360. Sean P. Gallagher, Representative Matters 3 Page 301 of 315 ATTACHMENT 3 Page 302 of 315 Erin E. Housefield Attorney At Law WORK EXPERIENCE McGinty, Hitch, Person, Yeadon & Anderson, P.C. East Lansing, MI Attorney and Senior Litigator July 2005 present •As an Assistant City Attorney for the City of East Lansing, I review and issue misdemeanor charges. • Working closely with the East Lansing Police Department, I prepare cases for trials and motions. •In my capacity as Senior Litigator, I have conducted over 100 jury trials, countless bench trials, motions, and formal hearings. •I work regularly with expert witnesses and have received specialized training in the Datamaster DMT, the instrument used by the East Lansing Police Department in prosecuting OWI offenses. •I provide legal opinions to the East Lansing Police Department, Parking and Code Enforcement, City Clerk’s office, and the Planning, Building and Development Department. • I am a past Treatment Team member for the Ingham County Veterans’ Court and the 54B District Court Sobriety Court. •I represent the City in appellate matters and have handled cases at all levels of state court. I have been published at the Court of Appeals. I also represent the City in civil litigation. •In addition to my work with the City of East Lansing, I have been an Assistant City Attorney in Charlotte, MI since 2006, and an Assistant City Attorney in Mason, MI since 2006. •I also represent private clients in matters including criminal defense, probate, and workers' compensation. American Diabetes Association Alexandria, VA Law Clerk June 2004 August 2004 • I identified legal issues in state legislation and coordinated with attorneys in that state to provide legal representation or state legislative action. I conducted policy analysis to identify legal issues at the federal level. Michigan State University Legal Clinic East Lansing, MI Clinician August 2003 May 2004 • I provided legal representation to clients in the area of family law, worked as a guardian ad litem for children in Eaton County, and made home visits and recommendations to the Probate Court in custody matters. EDUCATION UNIVERSITY OF MICHIGAN Ann Arbor, MI Bachelor of Arts, May 2002 MICHIGAN STATE UNIVERSITY COLLEGE OF LAW East Lansing, MI Juris Doctorate, May 2005 ADDITIONAL SKILLS AND QUALIFICATIONS • I possess strong critical thinking and analytical skills. • As someone with years of prosecution trial experience, I am able to quickly process information and determine a course of action for witness examination. • I am able to interact with lawyers, judges, and defendants. I work closely with the East Lansing Police Department and the officers would say I am professional, trust worthy and dependable. • I am licensed in the U.S. District Court, Eastern District of Michigan since 2006 and the U.S. District Court, Western District of Michigan since 2014. • I am a member of the State Bar of Michigan, the Ingham County Bar Association, the Clinton County Bar Association, and the Michigan Association of Municipal Attorneys. Phone , [email protected] Page 303 of 315 ATTACHMENT 4 Page 304 of 315 PAUL J. CERVENAK 731 APPLEGATE LANE EAST LANSING, MICHIGAN 48823 TELEPHONE: (517) 282-8695 EMAIL: [email protected] EXPERIENCE: LOWE LAW FIRM, PC OKEMOS, MI (SEPTEMBER 2014 - PRESENT) • Advised clients in the purchase, development, sale, lease, and licensing of real and personal property located throughout the United States and internationally. • Advised clients in the formation, acquisition, sale, merger and dissolution of corporate entities and businesses. CLARK HILL PLC LANSING, MI (APRIL 2012 – SEPTEMBER 2014) • Represented the Lansing Township DDA in connection with its acquisition, development, financing, sale and lease of the real property located at the Eastwood Towne Center. • Assisted clients with the formation, acquisition, sale and operation of various corporate entities located in Michigan and throughout the United States. • Handled public and private financing matters, creditor rights issues, and loan workouts. • Represented developers in connection with their land use issues, including assisting with site plan approvals and condominium formation and operation. • Provided general contract and business law services to include, without limitation, asset purchase and sale transactions, distribution, licensing, servicing and employment arrangements, condominium association matters, environmental issues, international trade dealings, and due diligence activities. LOWE LAW FIRM, PC OKEMOS, MI (MAY 2008 - APRIL 2012) • Advised clients in the purchase, development, sale and lease of real estate. • Advised clients in the formation, acquisition, sale, merger and dissolution of businesses. • Advised clients with regard to employment and environmental law matters. • Advised clients in franchise, liquor license and other service related transactions. • Advised clients in public and private financing matters, and general creditor and debtor rights issues. GUGGEMOS BROWN & GILKEY, PC EAST LANSING, MI (FEBRUARY 2006 - MAY 2008) • Represented clients in several large transactions that involved the purchase, sale and development of commercial real property for a variety of subsequent uses including, the following: a condominium and apartment project, a medical school, a national pharmacy, and the headquarters of an international insurance company. EDUCATION: MICHIGAN STATE UNIVERSITY COLLEGE OF LAW EAST LANSING, MI • Juris Doctor (2005) • Member of the Geoffrey Fieger Trial Practice Institute UNIVERSITY OF MICHIGAN ANN ARBOR, MI • B.A. - Sociology (2002) MISCELLANEOUS: • Member of the North Carolina (2005-Present) and Michigan (2006-Present) Bar Associations • Member of the East Lansing Planning Commission (2009 - 2011) • Member of the East Lansing Public Library Board of Trustees (2013 – Present) Page 305 of 315 ATTACHMENT 5 Page 306 of 315 AGREEMENT FOR LEGAL SERVICES THIS AGREEMENT made this ____ day of September, 2020, between the CITY COUNCIL OF THE CITY OF EAST LANSING, whose address is 410 Abbot Road, East Lansing, Michigan 48823 (the "Council"), and SEAN P. GALLAGHER (the "City Attorney") of SEAN P. GALLAGHER PLC, (registered assumed name registered as GALLAGER LAW) (the "Law Firm"), whose address is 321 West Lake Lansing Road, East Lansing, Michigan 48823 (hereinafter "the City Attorney" and also collectively as the "Law Firm") RECITALS WHEREAS, the City of East Lansing is a home rule city organized by Charter, which provides at §7.1 for the office of City Attorney who may be retained by the City Council by written contract to perform the duties and responsibilities described at §7.6 of the Charter; and WHEREAS, the City Council makes this agreement for the purpose of retaining the City Attorney and further to provide for legal services to the City. THE PARTIES THEREFORE AGREE: 1.0 APPOINTMENT OF CITY ATTORNEY. 1.1 The City Council appoints Sean P. Gallagher as its City Attorney, pursuant to §7.1 of its Charter. 1.2 The City Attorney may appoint Assistant City Attorneys as necessary to perform his duties and responsibilities. Members of the Law Firm may appear as Assistant City Attorneys as designated by the City Attorney. 1.3 The City Attorney accepts the appointment, committing to perform his legal duties to the best of his abilities and in accordance with the highest standards of the legal profession, both as to standards of law practice and the ethics and rules of professional conduct. 1.4 This contract for services shall be solely for the benefit of the City Council of East Lansing, East Lansing residents, East Lansing government and the Provider of Services; that it is not made for the benefit of any third party; and that no action or defense may be founded upon any contract except by the parties hereto. 2.0 COMPENSATION FOR SERVICES. 2.1 Compensation shall be by fees for hourly services and reimbursed costs/expenses as set forth in Schedule 1 to this Agreement, payable to the Law Firm. No additional compensation shall be due to the City Attorney and Assistant City Attorneys by Page 307 of 315 virtue of their appointment made pursuant to this Agreement. 2.2 All billings to be calculated in tenths of an hour, rounding up. The parties agree that the fees and expenses for alternative representation of the City in the event of special retained counsel shall not be deducted from the retainer or the fees of the Law Firm. The parties agree that in the event of a conflict of interest which requires the withdrawal of the representation of the City Attorney or an Assistant City Attorney on any matter affecting the City, the City Council may appoint a Special Assistant City Attorney who shall represent the City and report directly to the City Council on the matter. For conflicts involving the prosecution of routine district court misdemeanor or civil infraction offenses, the City Council may approve specific persons or firms to handle such matters and the City Attorney may refer such cases directly to the identified person or firm with notification of the referral to City Council. 2.3 The fees to be paid to the Law Firm for the term of this agreement are set forth in Schedule 1. 3.0 TERM AND TERMINATION. 3.1 The term of this Agreement is one (1) year, beginning October 1, 2020 and ending September 30, 2021. Renewal of any contract requires City Council reauthorization. 3.2 Either party reserves the right to terminate this Agreement on 60 days written notice or in the event of a material breach of the terms and conditions hereof by the other. In the event of a material breach by the City, the contract may be terminated 14 days after the City Manager is served with a notice of the breach if the City has failed to cure the breach. In the event of a material breach by the City Attorney, the contract may be terminated 14 days after service of a notice of the breach on the City Attorney if the City Attorney has failed to cure the breach. 3.3 Notwithstanding the above provisions, the City Attorney shall serve at the pleasure of the Council, the City Charter concerning the appointment of the City Attorney shall prevail, and nothing herein is intended to abrogate those provisions. 4.0 DESCRIPTION OF SERVICES; COMPENSATION. 4.1 SERVICES TO BE INCLUDED IN THE GENERAL AND DISTRICT COURT RETAINER. 4.1.1 Attendance at all regular and special City Council meetings as required by the Council. 2 Page 308 of 315 4.1.2 Attendance, as needed and directed by the City Manager or the Council, at meetings of the City's Boards and Commissions. 4.1.3 The rendering of legal advice and opinions, preparation and drafting services in connection with the City Charter or Charter revisions/amendments, preparation and drafting of legal documents, drafting or review and approval of all contracts, handling of tort and other liability claims, handling of all collections including personal property tax collections, advice to City Assessor and Board of Review on assessment issues and exemptions, drafting of ordinances and resolutions, and consultation on City matters with the City Council, City Manager, department heads, and City boards and commissions. 4.1.4 Appearance in court for the prosecution of ordinance violations, including civil infractions and enforcement of civil ordinances as described under “District Court Retainer” in Schedule 1. 4.1.5 Advice on labor relations and personnel matters as requested by the City Manager. 4.1.6 Work associated with bond issues if authorized by City Council, except for the duties traditionally required of Bond Counsel. 4.1.7 Drafting and review of easements, rights-of-way, real estate transactions, and condemnation proceedings prior to litigation. 4.1.8 Provide advice to staff and City boards and commissions with regard to issuance, suspension, and revocation of rental housing licenses, liquor licenses, and other occupational licenses. Representation of City interests before boards, commissions, and state agencies on issues and appeals regarding suspension, revocation, or a non- renewal of housing, liquor, building, historic district, or other occupational licenses. 4.1.9 Services of the type described in §4.1.1 through §4.1.8 above rendered in connection with Authorities or other entities associated with the City regardless of the funding source. Such bodies include, but are not limited to, the Downtown Development Authority, Downtown Management Board, Economic Development Corporation, Brownfield Redevelopment Authority, and Local Development Finance Authority. 4.2 ADDITIONAL SERVICES COVERED BY THIS AGREEMENT 4.2.1 Representation of the City in all cases before all courts and before all legally constituted tribunals or administrative agencies on behalf of and representing the City or one of its authorities, agencies, or employees. The fees for these services and further explanation of the services are stated in Schedule 1 to this agreement. 3 Page 309 of 315 4.3 SERVICES NOT COVERED BY THIS AGREEMENT 4.3.1 The retainer does not cover specialized legal services by others including special labor counsel and bond counsel. 4.3.2 The retainer does not cover services by other lawyers retained by Council because of conflicts described in Section 2.2. 5.0 GENERAL CONDITIONS 5.1 COORDINATION. Except in the case of a conflict of interest, the City Attorney shall coordinate the services of the Assistant City Attorneys and, if authorized by City Council, Special Assistant City Attorneys on City matters. All requests for legal services by department heads, staff, and City boards and commissions shall be approved pursuant to guidelines approved by City Council. 5.2 PERFORMANCE AND LITIGATION REVIEW. The City Attorney will meet annually with the City Council in Closed Session to consider the personnel evaluation of the City Attorney (the City Attorney requests a closed hearing for this purpose). The City attorney shall meet quarterly to discuss an attorney-client privileged communication on the activities initiated at the request of the City Council or at the request of the City Manager or staff in accord with City Council Guidelines, as well as to review litigation policies and practices with respect to code enforcement and police prosecutions, and to review and discuss litigation strategy and the progress of pending litigation. 5.3 COSTS/EXPENSES. Costs/expenses set forth in Schedule 1 shall be separately charged. 5.4 BILLINGS AND COMPENSATION. Payment of compensation shall generally be made on a monthly basis. Billings for monthly increments of the retainer, litigation services, and other funded services shall be rendered promptly and monthly in form and substance as set forth in the Schedule 1. Billings for litigation services charged on an hourly basis shall include detailed information regarding time expended by classification and by task, as well as information regarding such items as mileage, materials, and other non-overhead costs. The Attorneys shall maintain records of time and services, which shall be available for inspection by the City Manager and/or the Council at reasonable times. 5.5 INDEPENDENT CONTRACTORS. The City Attorney and any Assistant City Attorneys appointed by the City Attorney are not and shall not be considered subcontractors or employees of the City and have no authority to bind the City in 4 Page 310 of 315 any manner. City Attorney shall be solely responsible for the withholding and reporting of all federal, state, and local income and employment taxes. City Attorney acknowledges that it is not insured in any manner through the City for any bodily injury, personal injury, or property loss whatsoever. 5.6 LIABILITY INSURANCE. The City Attorney shall obtain and maintain in full force and effect during the entire term of this agreement a policy of comprehensive general liability insurance, including professional errors and omissions, with limits of liability of not less than $1,000,000 and workers disability compensation insurance in compliance with Michigan's statutory limits, and shall provide a certificate of insurance to the City naming the City as a certificate holder, which certificate shall provide that the City shall receive at least 30 days prior written notice of cancellation or nonrenewal of such insurance. 5.7 SUPPLIES. Generally, the City Attorney shall have its own supplies and office equipment. On occasion, City supplies will be required for City services, and with the approval of the City Manager, and by his authority, the City will furnish same at its expense. By way of example, City stationery, if required, will normally be supplied by the City. 5.8 CONFLICTS OF INTEREST. The City Attorney and any Assistant City Attorneys agree to exercise their best efforts to avoid representation of any person, party, or entity in any cause contrary to the interest of the City. The City Attorney and the Assistant City Attorneys shall absolutely desist from representing any private person or entity on any matter in which the City is or may become an opposing party. The parties understand that the City Attorney currently represents a number of clients including businesses, private parties, and municipalities. Where a potential conflict of interest because of such representation may occur, the parties shall proceed as follows: 5.8.1 For conflicts involving the prosecution of routine district court misdemeanor or civil infraction offenses, the City Attorney may identify the conflict and refer such cases directly to the City Council approved persons or firms to handle such matters with notification of the referral to City Council. 5.8.2 In cases other than routine district court prosecutions, in the event of a potential conflict of interest, the City Attorney shall identify the conflict and inform both parties in writing identifying the potential cause of conflict. The City Council shall determine whether the conflict is material and, if it determines that it is not, will instruct the City Attorney to continue representation of the City. Provided, however, the City Attorney and the Law Firm may determine that the conflict cannot be overcome and advise the City Council accordingly, taking steps to assist in obtaining 5 Page 311 of 315 alternative representation of the City and of the other party. 5.8.3 In the event the City Council determines that the conflict is material, the City Council shall so inform the City Attorney and the City Attorney shall assist the City Council and the other party in obtaining alternative representation for that matter. 5.8.4 In the event the City Council authorizes the City Attorney to continue representation of the City in the matter, the City Attorney shall do so in such a manner as to avoid disclosure of confidential communications to any member of the law firm representing the other party and the City Attorney shall not represent the other party in connection with that matter. 5.8.5 The City Attorney especially commits not to represent any party against the City in any matter of litigation. 5.8.6 Notwithstanding the above, the City Attorney and Assistant City Attorneys shall act in accordance with the letter and spirit of the Michigan Rules of Professional Conduct as adopted by the Michigan Supreme Court as they apply to any matter involving a conflict of interest or potential conflict of interest. 5.9 CIVIL RIGHTS ORDINANCE. The City Attorney agrees that his law office will comply with the City’s Civil Rights Ordinance, Article II, Chapter 22 of the Code of the City of East Lansing, which in part requires that an employer not discriminate against any employee or applicant for employment with respect to hire, tenure, terms, conditions, or privileges of employment including benefit plan or system, or a matter directly or indirectly related to employment because of religion, race, color, national origin, age, sex, height, weight, marital status, sexual orientation, gender identity or expression, student status, because of the use by an individual of adaptive devices or aids, or because of an arrest record when a conviction did not result, except as allowed under Section 22-33(b)(6) of Chapter 22. Further, the City Attorney agrees that his office will not discriminate on the basis of marital status, sexual orientation, or gender identity or expression by failing to provide employment benefits for employees with domestic partners that it otherwise provides for the spouse of a married employee. These requirements of Article II, Chapter 22, shall be considered material terms of this Agreement, and breach of any of these requirements will be regarded as a material breach of this Agreement. 5.10 LIMITATION OF LIABILITY. Except for indemnification pursuant to this agreement, neither party shall be liable to the other, or any of their respective agents, representatives, or employees for any lost revenue, lost profits, loss of technology, rights or services, incidental, punitive, indirect, special or consequential damages, loss of data, or interruption or loss of use of service, even if advised of the possibility of such damages, whether under theory of contract, tort (including negligence), strict 6 Page 312 of 315 liability or otherwise. 5.11 INDEMNITY. The City Attorney shall, to the fullest extent permitted by law, defend, indemnify and hold harmless the City, and its elected and appointed officers, agents, servants, and employees from any and all claims, damages, losses, expenses, liability, judgment, or liens, including reasonable attorney fees and other costs of defense arising out of any errors or omissions (not explicitly or implicitly approved by the City) by the City Attorney or by anyone acting on their behalf under or in any matter connected with this agreement. The City Attorney’s obligations to indemnify the City shall survive the expiration, non-renewal, or termination of this Agreement. Similarly, the City shall defend, indemnify, and hold harmless Gallagher Law and its employees and agents from any and all claims, damages, losses, expenses, liability, judgment, or liens, including reasonable attorney fees or other costs of defense arising out of any acts, errors, or omissions by the City or any by anyone or any by anyone acting at the City’s behalf in connection with this Agreement. 5.12 NON-ASSIGNMENT. Except as set forth in Section 2.2, there shall be no authority on the part of the City Attorney to subcontract, assign, or otherwise dispose of any portion of the services to be performed without the prior written authorization of the City Council. In the event that the City Council authorizes a subcontract, assignment, or disposition, the City Attorney solely shall be responsible for managing, directing and paying the subcontractors or assignees, and the City shall have no obligations whatsoever toward said subcontractors or assignees. Consent to subcontract, assign, or otherwise dispose of any portion of this Agreement shall not be construed to relieve the City Attorney of any responsibility for the fulfillment of any contract entered into. 5.13 CRIMINAL BACKGROUND INVESTIGATION REQUIREMENT. The City Attorney agrees that there will be satisfactory completion of a criminal background investigation for all persons having access to City facilities under the contract. The City Attorney will be required to provide to the city a list of all employees and employees of Sub- Contractors who are proposed to be working under any contract, as well as the results of background checks of those employees prior to City Council authorization of the subcontractor agreement. This list shall include the full name and date of birth of each employee, any aliases of each employee including maiden names, and shall differentiate between employees proposed to have access to secure areas of City Hall and those who will work in other areas of City facilities. Secure areas of City Hall are those areas utilized for the administration of criminal justice and include: Dispatch, Jail, any portion of the Police Department, Probation Department, and Courts. The City Attorney will investigate employees proposed to work under the contract 7 Page 313 of 315 using the Michigan Internet Criminal History Access Tool (IChAT), the Michigan Sexual Offenders Registry and the Michigan Corrections website. In addition, employees proposed to work under this Contract who will have access to secure areas of City Hall will also be subject to investigation thru the Law Enforcement Information Network (LEIN). The City Attorney or any employee of the City Attorney who have any felony convictions, misdemeanor convictions that involve crimes against persons, or drug offenses will not be allowed to work in any City of East Lansing facility. The City of East Lansing reserves the right to limit areas of access for individual employees, to prohibit certain employees work in City facilities under the Contract, or to otherwise limit or eliminate any employees access to any City facility or portion of City facility, based on the information collected, as the City Council deems to be in its best interest. 6.0 SCOPE OF WORK. The City Attorney hereby consents to the City Scope of Work and Specifications. 7.0 COUNTERPARTS. This Agreement may be executed in multiple counterparts. Any copy of this Agreement may be relied upon as the original. Amendments to this Agreement must be in writing on documents of equal dignity with this Agreement. 8.0 CONTINUITY/BENEFIT. In the event the Law Firm experiences the addition of personnel or there are changes in membership of the Law Firm, except as otherwise provided in this Agreement, this Agreement shall continue in effect unless such change adversely affects the representation of the City. The City Attorney and Assistant City Attorneys shall be members of the Law Firm. IN WITNESS WHEREOF, the parties execute this Agreement on September _____, 2020. CITY OF EAST LANSING By ______Aaron Stephens, Mayor By ______Jennifer Shuster, City Clerk GALLAGHER LAW By ______Sean P. Gallagher, City Attorney 8 Page 314 of 315 SUBJECT TO REALLOCATION AND AMENDMENT September __, 2020 PROPOSED AGREEMENT FOR LEGAL SERVICES CITY ATTORNEY FEE SCHEDULE COMMENCING OCTOBER 1, 2020 THROUGH SEPTEMBER 30, 2021 INCORPORATING TERMS PROPOSED IN GALLAGHER LAW AUGUST 21, 2020 PROPOSAL IN RESPONSE TO REQUEST FOR PROPOSALS ______SCHEDULE 1 GENERAL RETAINER 1,480 hours Lead Attorney 1400 hours $185/hour $259,000 Support Attorney 80 hours $160/hour $12,800 Subtotal $271,800 DISTRICT COURT RETAINER AND TRIALS1 Lead Attorney 1,750 hours $175/hour $323,750 Support Attorney 200 hours $125.00/hr2 $25,000 Subtotal $348,750 DISTRICT COURT TRIALS 150 hours $175.00/hr $ 26,250 HOUSING3 GENERAL LITIGATION4 650 hours Lead Attorney 400 hours $185/hour $55,500 Support Attorney 250 hours $160.00/hr5 $43,200 Subtotal $98,700 COSTS/EXPENSES6 $ 12,000 TOTAL $757,500 1District Court Retainer includes issuing search warrants, drafting complaints and warrants, subpoenas, trial preparation, appearance at arraignments, pleas, pretrial conferences, formal hearings on all civil infractions, and all bench trials except housing/over-occupancy violations. 2A portion of this work may be performed by clerks and associates at the lower rate of $70.00 per hour. 3District Court Housing Trials - Includes authorization of citations, appearances at all trials, hearings, and/or civil infraction formal hearings on all housing violations, including over-occupancy, overcrowding, and illegal use of space, and housing related Building and Zoning Code violations. 4General litigation is defined as all hours generated in proceedings before state circuit and appellate courts, all federal courts, and all state administrative tribunals. 5A portion of this work may be performed by clerks and associates at the lower rate of $70.00 per hour. 6Projected costs that are advanced by the firm on a routine basis for City matters will be billed to the City as part of the itemized monthly statements. These costs may include such items as recording fees, filing fees, motion fees, witness fees, transcript expenses, copies, mileage, and similar expenses. These costs do not routinely include fees for outside labor counsel, expert witness fees, transcript costs, or appraisals. Invoices for these items will be forwarded to the Finance Department for payment. All professional expenses such as dues, memberships, subscriptions, seminars (unless billable as legal research or a specific pending legal issue) and professional liability insurance will be borne by the firm. Page 315 of 315