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ADDENDUM NUMBER 1 RFP 17-R09

RFX TITLE: LEGAL SERVICES Point of Contact: Sheena Bartley, Sr. Contracts Administrator: sbartley@golynx.com This Addendum provides clarifications and responses to the questions received. Three (3) Business days are provided to the Proposers to submit any clarifications to the questions that were submitted by the due date for all questions. The original Proposal Due Date remains. The original RFP will not be updated and resubmitted. This Addendum serves as official clarifications to the RFP document. Cone of Silence – Remains in effect until Board or Chief Executive Officer Approval. Questions and Responses:

Request for Proposal Section

1) Question This relates to section 18 of the RFP: Please advise, if appropriate, who are the members on the SEC committee? Response: We are currently developing the Selection Evaluation Committee

2) Question If the proposer is applying for multiple areas, should a separate response packet be dedicated to each specific area or should all areas be discussed in one response packet?

Response: One packet is appropriate; however, please properly separate each area.

3) Question Is there a page limit for the response packet and/or the sample writing/briefs requested in Exhibit C, Section (3) Firm’s Methodology of Approach to Meet or Exceed LYNX Scope of Services?

Response: No.

4) Question

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The RFP does not reference Worker’s Compensation legal services. Are you soliciting proposal for these services in this RFP?

Is this RFP seeking bids for /does the scope of services for the RFP under paragraphs 2 or 5 of page 3 of 9 for the defense of Lynx’s worker’s compensation claims and litigation?

Response: Worker’s Compensation is not a part of this requirement.

5) Question

Is this RFP seeking bids for / does the scope of services for the RFP under paragraph 2 include specifically litigation dealing with the handling of Tort and Personal Injury Legal cases i.e. negligence cases brought against Lynx by customers or individuals related to/involving bus accidents, riding the bus, premises liability, etc.? Response: Yes.

6) Question In Exhibit "B" Scope of Services, Sec. 5 Other Legal Services, you identify in subpart O a request for legal services relating to bonds. Can you please be more specific with regard to the types of public finance services the Authority is looking for the Proposer to provide under this RFP. Typically, public finance legal services are not provided pursuant to an hourly rate agreement or a retainer, but is based on the size of the bond issuance or loan.

Response: The Proposer shall provide legal services for any requests relating to bonds and financial services, if any during the five year period.

7) Question

In Exhibit "B" Scope of Services, under "Qualifications," you state that the Proposer staff assigned to the Authority shall have a minimum of five (5) years' experience as well as trial experience in State and Federal Court or a minimum of three (3) years' of attorney experience combined with a minimum of ten (10) years' experience in a closely related field. Can you please confirm that these requirements apply to the primary attorney assigned to each area of law and that an attorney with less than these requirements can work on Authority related projects under the supervision of the primary attorney?

Response: Confirmed

8) Question

In Exhibit "B" Scope of Services, under "Qualifications," you state the Proposer must be admitted to practice before the U.S. District Court of Florida and the Circuit Court of Appeals. Can you please clarify your requirement for admission to the 9“’ Circuit Court of Appeals. The federal circuit court of appeals with jurisdiction over Florida matters is the 11"^ Circuit Court of Appeals.

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Response: It shall be the appropriate Circuit Court of Appeals for Orange County.

9) Question

Can you confirm that the piggyback provision in the Sample Contract is not binding on the Proposer unless the Proposer and LYNX consent to the Additional Governmental Purchaser utilizing the Contract?

Response: Confirmed

10) Question

Can you please identify what the current law firm(s) is charging for legal services and whether that fee is an hourly fee, monthly retainer, or a combination of both?

Response: Please see the attached contracts.

11) Question

What was the total yearly amount paid for legal services to LYNX in FY2016? If possible, please break down the amounts by the amounts paid for General Counsel Services, litigation services, labor and employment, and other.

Response: General Counsel $899,758.80 Labor/Employment $347,345.32 Tort Legal $649,448.45 Workman’s Comp $ 88,455.35

12) Question What is the amount LYNX has budgeted for the legal services sought in this RFP for FY2018?

Response: The FY2018 budget has not been approved. It will be presented to the Board

in September.

13) Question Additionally, we request that LYNX make the following changes to section 6.01.15: These changes are necessary to ensure that there is coverage for any claim that LYNX may make under the firm's professional liability coverage. Indemnification and to Paragraph 8(h) to the Sample Contract (Exhibit K):

a. Delete "defend" from Section 6.01.15 and from the second sentence of Paragraph 8(h). Response: Request Denied.

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b. Revise Paragraph 8(h) by substituting the language from Section 6.01.15 ("the negligence, recklessness or intentional misconduct") for the language in Paragraph 8(h) stating "arising out of or related to the Contractor's performance of the Services hereunder, including, without limitation, acts or omissions with respect thereto."

Response: Request Denied.

c. Add the following to Section 6.01.15 and Paragraph 8(h): "Notwithstanding the forgoing,

this indemnity covenant shall automatically be void and of no force and effect if its application would result in a denial of coverage or loss of coverage by the Contractor under any professional liability insurance policy maintained by the Contractor."

Response: Request Denied.

14) Question What are the current rates being used for the current Work comp Defense Firm? Also can you tell me what Firm currently handles your Work Comp Defense? Is it possible to get a copy of their RFP that was accepted?

Response: Please see the attached documents.

All other Proposal terms and conditions originally issued remain unchanged.

REMINDER: Make sure you mark “Addendum No. 1” on Attachment “1” Acknowledgement of Addendum and remember to sign and return Acknowledgement Addendum form with your submittal package. Failure to do so may result in the disqualification of your proposal submittal.

The RFP is revised to the extent specifically amended by this Addendum #1. Otherwise, all provisions of the RFP remain in effect. Sheena Bartley Sr. Contracts Administrator

WORKERS’ COMPENSATION AND

TORT LEGAL SERVICES LYNX RFP 14-R02

PROPOSAL OF HILYARD, BOGAN & PALMER, P.A.

FOR THE RENDITION OF TORT LEGAL SERVICES AS LEGAL COUNSEL FOR

THE CENTRAL FLORIDA REGIONAL TRANSPORTATION AUTHORITY D/B/A/ LYNX

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HILYARD, BOGAN & PALMER, P.A. TABLE OF CONTENTS FOR RFP #14-R02

SECTION 1 - INTRODUCTION TO FIRM ................................................................. 3

SECTION 2 - QUALIFICATIONS OF FIRM ................................................................. 3

SECTION 3 - STAFF EXPERIENCE AND KNOWLEDGE ........................................ 10

A. QUALIFICATIONS OF FIRM’S ATTORNEYS .................................. 11

B. FIRM’S STAFFING PLAN .................................................................... 15

SECTION 4 - METHODOLOGY/APPROACH OF THE FIRM .................................. 16

SECTION 5 - REQUIRED SUBMITTALS ................................................................... 22

SECTION 6 - EXCEPTIONS TO TERMS AND CONDITIONS (NOT APPLICABLE) .............................................................................. 23 SECTION 7 - PRICING PROPOSAL (EXHIBIT L - IN SEPARATE SEALED ENVELOPE)

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SECTION 1 - INTRODUCTION OF FIRM

The law firm of Hilyard, Bogan & Palmer, P.A. (hereinafter sometimes

referred to as the “Firm”) hereby requests the honor of acting as legal counsel of the

Central Florida Regional Transportation Authority (“LYNX”) for tort legal services.

The Firm has its offices located in downtown Orlando at 105 E. Robinson Street, Suite

201, in Orlando, Florida 32801, one block from the Orange County Courthouse. The

Firm specializes in the defense of civil litigation claims against governmental entities

and their public employees, in a wide variety of lawsuits, including but not limited to

lawsuits involving claims of alleged automobile negligence. The Firm’s website can

be found at www.hilyardlawfirm.com.

Since its establishment in 1968, the Firm has maintained its offices in

downtown Orlando. Over the past 46 years, the Firm has continuously provided

legal services to clients throughout Central Florida, even though the Firm's name

has changed from time to time, as some members have departed to accept judicial

appointments, run for Congress, retire or seek other professional opportunities.

Since its establishment, the Firm has dedicated itself to professional excellence. The

Firm's mission is to vigorously and aggressively represent clients in all courts, both

state and federal.

SECTION 2 - QUALIFICATIONS OF FIRM

Martindale-Hubbell has given the Firm an “AV Preeminent” rating, which is

the highest possible rating conferred by that trusted nationwide organization which has

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been in existence since 1887. The AV Preeminent rating is the pinnacle of

professional excellence earned through a strenuous peer review rating process that is

managed and monitored by Martindale-Hubbell. The “A” signifies the highest level

of legal ability, while the “V” denotes “very high” adherence to the professional

standards of conduct, ethics, reliability and diligence. The Firm has also been listed in

Best's Directory of Recommended Insurance Attorneys and in Martindale-Hubbell’s

Bar Register of Preeminent Lawyers, which is limited to only the most distinguished

law practices; those that have achieved the “AV Preeminent” rating in the Martindale-

Hubbell Law Directory.

The attorneys of the Firm understand the special legal environment in which

public entities operate. For 46 years, the Firm has represented major governmental

clients, which have included the State of Florida, the City of Orlando, Orange

County Sheriff's Office, the City of Winter Park, the City of Daytona Beach and the

City of Kissimmee. Our attorneys are well-versed in defenses which help to limit

legal and financial exposure to governmental clients. Our attorneys have earned a

reputation for aggressive defense in complex and challenging areas of the law. The

Firm has handled a wide range of matters in representing public entities and

governments, including matters involving:

• Wrongful death claims • General negligence claims • Motor vehicle accidents • Slip and fall accidents • Civil rights actions • Constitutional claims

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• County and municipal claims • Sovereign immunity issues • Premises liability claims • Employment related liability • Title VII discrimination claims • Wrongful termination claims • Police liability claims • Appellate practice in state and federal court

Our governmental liability practice helps clients reduce the risk of lawsuits

while promoting the efficient handling of claims. Because of our long-standing

relationships with governmental clients and the understanding of the special laws

related to public entities, we are in a unique position to provide the best possible

defense for our governmental clients.

Hilyard, Bogan & Palmer, P.A. has developed creative solutions for legal

problems with the integrity, passion and skill that come from years of experience.

We approach every case with an unflinching resolve to succeed, whether

representing clients in depositions, mediations or at trial. The Firm is justifiably

proud of its ability to consistently obtain favorable verdicts on behalf of its clients.

Furthermore, the attorneys of the Firm have established an outstanding reputation

for insightful and aggressive representation of clients.

Hilyard, Bogan & Palmer, P.A. is dedicated to providing its clients with

superior legal services involving cost-effective methods which utilize state of the art

technology. Our practice rests on our tireless commitment to high quality service,

our deep understanding of the law, and our long-standing relationship within

various governmental entities.

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The strong management team of Hilyard, Bogan & Palmer, P.A. already

possesses an extraordinary knowledge of the business of LYNX. The Firm had the

honor and privilege of successfully defending LYNX in a variety of general liability

civil cases from 2004 to 2009. Over that period, Bobby G. Palmer, Jr., a partner,

shareholder and Treasurer of the Firm, represented LYNX in all aspects of litigation,

inspected numerous LYNX buses involved in litigation, toured all LYNX facilities,

met with and prepared numerous LYNX employees for their depositions and worked

closely with the LYNX’s Department of Risk Management & Safety in defending

LYNX’s interests. As a result, Hilyard, Bogan & Palmer, P.A. has an extraordinary

knowledge of all applicable statutory and case law which arise in cases involving

LYNX, and is equally knowledgeable of LYNX’s policies and procedures associated

with investigating claims. The Firm is familiar with LYNX’s Training Manual,

LYNX’s Operator’s Guide & Work Rules, LYNX’s System Safety Program Plan, the

Transit Operator’s Pocket Guide, LYNX’s New Employee Orientation Manual and

LYNX’s Litigation Management Guidelines. The Firm is also quite familiar with

LYNX’s policy of videotaping the interior of its buses while buses are in operation

and how that policy often assists in the defense of LYNX in litigation. Suffice it to

say that the Firm needs no orientation to the business of LYNX and can effectively

represent LYNX in tort legal matters in an efficient, competent, and cost-effective

manner.

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Should the Firm have the honor and privilege of being awarded a contract by

LYNX, Bobby G. Palmer, Jr. will occupy the role of being the key attorney of the

Firm’s management team to oversee the roles and responsibilities of the Firm relating

to the defense of LYNX in tort related matters. A review of the immense experience

of the management team of the Firm, consisting of the Firm’s partners and

shareholders, yields but one conclusion -- the Firm is uniquely and highly qualified to

represent LYNX in tort related lawsuits.

The Firm has experience with contracts of similar size, scope and complexity

as LYNX’s contract. For instance, the Firm has represented and advised various

governmental entities in general liability matters, including the State of Florida, the

City of Orlando, the City of Winter Park, City of Kissimmee and the Sheriff of Orange

County. Many of those cases have involved lengthy jury trials in the Circuit Court of

the Ninth Judicial Circuit and also in the U.S. District Court for the Middle District of

Florida. The Firm has also represented governmental entities in appeals to the District

Court of Appeals for the Fifth District of Florida, the Florida Supreme Court, the

United States Circuit Court of Appeals for the Eleventh Circuit and the United States

Supreme Court. The Firm also has experience representing national and local trucking

companies in connection with claims of alleged automobile negligence.

The Firm and its attorneys have been involved in many civic and professional

activities. The Firm has previously received the Orange County Bar Legal Aid

Society Pro Bono Award for Central Florida law firms. Attorneys in the Firm also

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belong to various Florida Bar committees, including the City, County and Local

Government Law Section and the Trial Lawyers Section. Attorneys of the Firm are

also members of the American Bar Association, the Orange County Bar Association,

the Seminole County Bar Association, the Florida Defense Lawyers Association, the

Florida Association of Police Attorneys, the American Board of Trial Advocates and

the Defense Research Institute.

The Firm’s current governmental clients include the following:

State of Florida Orange County Sheriff’s Office City of Orlando City of Winter Park Florida Sheriffs Risk Management Fund City of Kissimmee City of Daytona Beach Jeff Ashton, as State Attorney for 9th Judicial Circuit Metropolitan Bureau of Investigation Hernando County Sheriff’s Office Marion County Sheriff’s Office Citrus County Sheriff’s Office Lake County Sheriff’s Office

The following persons are familiar with the Firm’s legal ability and

competence in the defense of governmental entities in tort related litigation:

Bernadine Rice, Esq. General Counsel Orange County Sheriff’s Office 2500 West Colonial Drive Orlando, FL 32804 407-254-7170 (Fax) 407-254-7178

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Raymond F. Scullian, Jr.

Risk Division Manager City of Orlando

400 S. Orange Ave. Orlando, FL 32801 407-246-3552 (Fax) 407-246-2854

Michael Stephenson, Esq. Florida Sheriffs Risk Management Fund P.O. Box 12909

Tallahassee, FL 32317-2909 850-385-3636

(Fax) 850-385-2124 Donald Smallwood, Esq. City Attorney City of Kissimmee 101 N. Church Street Kissimmee, FL 34741 407-847-2821 (Fax) 407-846-8369 Georgene Rye, Esq. Director of Human Resources Orange County Sheriff’s Office 2500 West Colonial Drive Orlando, FL 32804 407-254-7400 (Fax) 407-254-7401 Marlin Myers

Risk Management Program Specialist State of Florida, Division of Risk Management 200 East Gaines Street Tallahassee, FL 32399-0338 850-413-4872

(Fax) 850-488-6992

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Marie Hartman, Esq. City Attorney City of Daytona Beach 301 S. Ridgewood Ave. P.O. Box 2451 Daytona Beach, FL 32115 386-258-3194 (Fax) 386-671-8015

Jody Litchford, Esq. Deputy City Attorney City of Orlando Office of Legal Affairs 400 S. Orange Avenue Orlando, FL 32801 407-246-3555 (Fax) 407-246-2854

Roberta Mascia Liability Claims Adjuster Johns Eastern Company, Inc. 500 Winderley Place, Suite 315 Maitland, FL 32751 407-875-0677 (Fax) 407-875-8081 Natalie Bowen Senior Claims Specialist PGCS Claims Services P.O. Box 958456 Lake Mary, FL 32795-8456 321-832-1400 (Fax) 321-397-5446

SECTION 3 - STAFF EXPERIENCE AND KNOWLEDGE

The Firm has an experienced litigation staff, including litigation support

personnel. The experienced and dedicated attorneys of the Firm are Bobby G. Palmer,

Jr., Bruce R. Bogan, Ian D. Forsythe, Melissa J. Sydow and Sutton G. Hilyard, Jr.

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A. QUALIFICATIONS OF FIRM’S ATTORNEYS

The qualifications of the Firm's attorneys are as follows:

BOBBY G. PALMER, JR., Florida Bar No. 0398380, is a partner and

shareholder of the Firm, and also currently serves as the Treasurer of the Firm. Mr.

Palmer was admitted to the State Bar of Texas in 1983 and the Florida Bar in 1984.

Mr. Palmer joined the Firm in 1988. Mr. Palmer has represented many governmental

entities in state and federal courts throughout his career which spans thirty (30) years.

Mr. Palmer has represented governmental entities in cases involving allegations of

automobile negligence, wrongful death, premises liability, false arrest, jail liability,

excessive force, federal civil rights violations, premises liability, wrongful termination

and unlawful discrimination. In the transportation industry, Mr. Palmer has

represented in civil litigation LYNX and the Florida Department of Transportation, as

well as national and local trucking companies.

In addition to being a member of both the Florida Bar and the State Bar of

Texas, Mr. Palmer is also a member of the Orange County Bar Association, the

Florida Defense Lawyers Association and the Florida Association of Police Attorneys.

Mr. Palmer was a featured speaker on the Amendments to the Federal Rules of Civil

Procedure at a continuing legal education seminar conducted for Florida legal

practitioners. Mr. Palmer also spoke on jail liability issues arising from the use of

restraints at the National Sheriffs’ Conference. Early in his legal career, Mr. Palmer

became a published author in the field of securities law. Mr. Palmer authored The

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Florida Securities Manual published by D&S Publishers, Inc. (1989) and The Blue

Sky Compliance Manual published by Butterworth & Co. (1987). Mr. Palmer has an

“AV Preeminent” rating from Martindale-Hubbell.

BRUCE R. BOGAN, Florida Bar No. 0599565, was admitted to the Florida

Bar in 1986 and joined the Firm in the same year. Mr. Bogan is a partner and

shareholder of the Firm, and currently serves as the President of the Firm. Over the

course of his distinguished career spanning 28 years, Mr. Bogan has represented

various governmental entities in state and federal courts in defense of a variety of tort

claims, including wrongful death claims, claims associated with premises liability

arising on public property, in public arenas and in convention centers, automobile

negligence claims, false arrest claims, excessive force claims, jail litigation, claims

involving allegations of civil rights violations arising from jail medical care, and

negligence claims arising from the failure to maintain roadways, road shoulders and

storm water drainage systems. Mr. Bogan has also represented governmental clients

in cases involving trespass claims and inverse condemnation claims. Mr. Bogan also

has experience representing transportation companies, including national and local

trucking companies.

Mr. Bogan has spoken on federal civil rights law at two (2) continuing legal

education seminars on police liability in Florida and was a panelist at a seminar

conducted by the Florida Sheriffs Risk Management Fund. Mr. Bogan is a member of

the Florida Bar, the Orange County Bar Association, the American Bar Association,

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the Florida Defense Lawyers Association, the Florida Association of Police Attorneys

and the American Board of Trial Advocates. Mr. Bogan has an “AV Preeminent”

rating from Martindale-Hubbell.

IAN D. FORSYTHE, Florida Bar No. 0054925, joined the Firm in 2000.

Mr. Forsythe has represented governmental clients in a wide variety of lawsuits in

both state and federal court in his distinguished legal career which spans 19 years.

Mr. Forsythe’s legal career has included the defense of governmental entities and

their public employees in cases involving general liability, automobile negligence

and federal civil rights claims. He also has experience in litigating cases involving

medical malpractice, personal injury and insurance coverage.

In 1997, Mr. Forsythe presented a seminar to the staff at the Orange County

Jail on the legal issues affecting correctional officers. In 1999, Mr. Forsythe served

as an Adjunct Instructor for the Paralegal Studies Program-Civil Litigation at

Southern College in Orlando, Florida. Mr. Forsythe is the author of A Guide To

Civil Rights Liability Under 42 U.S.C.§ 1983: An Overview Of Supreme Court

And Eleventh Circuit Precedent, published in the Agenda, 2000, and the Trial

Advocate Quarterly, Spring 2001. In addition to being a member of the Florida

Bar, Mr. Forsythe is also a member of the Orange County Bar Association, the

Florida Defense Lawyers Association, the Federal Bar Association, the National

Association of Consumer Attorneys and the Florida Association of Police

Attorneys.

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MELISSA J. SYDOW, Florida Bar No. 39102, joined the Firm in 2012. In

2001 Ms. Sydow graduated from Stetson University in Deland, Florida, with a

Bachelor of Science Degree in Business Administration. In 2006, Ms. Sydow

received her Masters of Business from Stetson University in Deland, Florida. In

2006, Ms. Sydow received her Juris Doctor Degree from Stetson University College

of Law in Gulfport, Florida.

From 2007 until 2011, Ms. Sydow served as an Assistant State Attorney for

Lawson Lamar, State Attorney for the Ninth Judicial Circuit of Florida. In addition

to being a member of The Florida Bar, Ms. Sydow is also a member of the Orange

County Bar Association, the Osceola County Bar Association and the Florida

Defense Lawyers Association.

SUTTON G. HILYARD, JR., Florida Bar No., 0111681, is a partner and

shareholder of the Firm and currently serves as the Vice President of the Firm. Mr.

Hilyard was admitted to the Florida Bar in 1968. He then joined the United States

Army as a First Lieutenant from 1969 to 1970 and served in Vietnam. After being

honorably discharged from the United States Army, Mr. Hilyard joined the Firm in

1971. Since 1971, Mr. Hilyard has enjoyed a distinguished legal career in Central

Florida. Over the course of his career spanning 43 years, Mr. Hilyard has specialized

in the defense of claims against governmental entities, public officials, police officers,

deputies, correctional officers and public employees, as well as the defense of claims

against insurance companies and their insureds. Mr. Hilyard has also represented

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numerous clients in the defense of claims in cases involving medical malpractice,

products liability, premises liability, wrongful death and automobile negligence. Mr.

Hilyard is an experienced trial lawyer who also has experience representing national

and local trucking companies in lawsuits alleging automobile negligence.

In addition to being a member of the Florida Bar, Mr. Hilyard is also a

member of the American Bar Association, the Orange County Bar Association, the

Seminole County Bar Association, the Florida Defense Lawyers Association and

the Defense Research Institute. Mr. Hilyard has an “AV Preeminent” rating from

Martindale-Hubbell.

B. FIRM’S STAFFING PLAN

Bobby G. Palmer, Jr., a partner, shareholder and Treasurer of the Firm,

would create, if given the opportunity, an individualized staffing plan for each case

assigned by LYNX, which would always include the assignment of an attorney, a

paralegal and a sufficient number of litigation support staff members to each case.

Although Bobby G. Palmer, Jr. would be expected to handle or oversee each case

assigned to the Firm by LYNX, all of the attorneys of the Firm are immensely

qualified to competently represent LYNX in tort related litigation. All staffing

plans of the Firm for all of the cases assigned by LYNX would require strict

compliance with LYNX’s Litigation Management Guidelines. All staffing plans

would also require prompt analyzation and evaluation of all relevant LYNX

documentation and all known evidence compiled by LYNX’s Department of Risk

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Management & Safety associated with any claim, long before a response is ever

filed to a plaintiff’s complaint.

SECTION 4 - METHODOLOGY/APPROACH OF THE FIRM

Selection of effective legal counsel is the single most important element of a

successful litigation strategy. The Firm's approach is to be absolutely committed to

dynamic, vigorous, professional defense of each client's best interests and legal rights

in a cost-effective manner. The Firm’s long standing litigation methodology is to be

completely dedicated to unparalleled trial advocacy in the greatest tradition of our

noble legal profession. The Firm has established a systemized approach in an attempt

to exceed the requirements of our governmental clients. Since establishing a

multidisciplinary practice in 1968, members of the Firm have distinguished

themselves in trial advocacy. The Firm has dedicated itself to professional excellence

and focuses its practice on all aspects of civil litigation.

In addition to maintaining a traditional law library on premises, the Firm

utilizes state of the art computerized legal research, accounting software for legal

billing and civil litigation case management software to take advantage of today's

technology. The Firm has on-line communication capabilities with all local judges’

offices, as well as the offices of all local clerks of the court, including the Orange

County Clerk's Office. The Firm also has the electronic capability to view on-line all

local court dockets, schedule hearings and to file pleadings in all cases handled by the

Firm without the need for the staff to leave the Firm’s offices. The Firm also has the

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ability to establish internet links as needed to facilitate effective handling of litigation.

The Firm’s traditional approach to the economical practice of law, combined

with state of the art technology saves both time and expenses of our governmental

clients. The Firm’s attorneys, with their vast experience in representing the needs of

Florida governmental entities, need no time to educate themselves about the special

needs of the Firm’s governmental clients, which helps minimize litigation costs.

The Firm’s methodology and approach to every case includes an early

evaluation of a client’s potential liability based upon all known evidence. It is

therefore very important to gather and analyze all medical records on a plaintiff as

quickly as possible for purposes of developing a cost-effective discovery plan, taking

into consideration the least cost in obtaining such records. It is also very important to

decide early in the discovery process of a case whether experts need to be retained,

always with the prior discussion with and authorization by the client. In LYNX’S

cases, as expert would be retained, after discussion and approval of LYNX’s

Department of Risk Management & Safety, considering the objectives of retaining the

expert, the expert’s qualifications and fees, the anticipated benefits of the expert, and a

determination of the point in time when the expert’s use would be the most effective

in the defense of LYNX. A cost-effective discovery plan must always take into

consideration the unique facts of each claim. Any other methodology or approach

would waste litigation costs on needless discovery.

As is required by LYNX, all discovery conducted in any LYNX case shall be

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undertaken to accomplish a calculated purpose. Since the cost of depositions can

dramatically increase litigation costs, the firm’s approach to scheduling depositions

would be to give serious consideration to the value of sworn or other recorded

testimony in lieu of a deposition. In order to hold down litigation costs, the Firm

would propose ordering deposition transcripts only when it is reasonably certain that

the case will be tried. All decisions to proceed with discovery would be made jointly

with LYNX’s Department of Risk Management & Safety after consideration of the

purpose, value of the information sought, cost of proposed discovery, and the degree

of potential for adverse consequences. All contact with LYNX’s employees would be

made by the Firm in cases only with the consent of LYNX’s Department of Risk

Management & Safety.

The Firm's approach to investigating and preparing cases for trial has always

included the gathering of staff members with decades of civil litigation experience to

work with the Firm's experienced litigation attorneys. Successful defense begins long

before the civil complaint is filed, and the Firm is always available for consultation

and coordination of successful defense strategies in those important days before

litigation is actually initiated. The Firm is more than adequately staffed to handle all

matters which might be referred to it by LYNX.

If awarded a contract by LYNX, the Firm would institute a transition plan

providing for the transitioning of legal services from LYNX's current counsel to the

Firm designed to protect the interests of LYNX while providing for the most efficient

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and cost-effective method for transitioning the services to the Firm. This transitional

plan would include immediately contacting LYNX's current counsel and making

immediate arrangements for the physical retrieval of all files transferred to the Firm.

This transitional plan would also include an immediate review of all transferred files

by Bobby G. Palmer, Jr. of the Firm in order to note any concerns, legal issues and

outstanding deadlines, including but not limited to scheduled dates for depositions,

mediations and trials. This transitional plan would also include the forwarding to

LYNX of a comprehensive status report for each case transferred, along with a

strategy for the defense of LYNX and the protection of LYNX's interests after an

evaluation of LYNX’s potential liability. In short, the Firm would do whatever is

necessary to protect the interests of LYNX during the transitional process.

If awarded a contract by LYNX, the Firm would also maintain adequate

records to justify all charges, expenses and costs incurred in performing the work of

LYNX for at least three (3) years after the completion of the contract resulting from

this Request for Proposal. LYNX would have access to all records, documents and

information collected and/or maintained in the course of the administration of the

contract. Records, documents and information would be made accessible to LYNX by

the Firm at the Firm’s place of business for purposes of inspection, reproduction and

audit without any restrictions whatsoever.

The Firm has always avoided any conflicts of interest by not undertaking the

representation of any client against its governmental clients or appearing before any of

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the represented governmental agencies or boards thereof other than in connection with

the representation of its governmental clients. Therefore, the Firm does not represent

any clients who are currently involved in or are anticipated to be involved in any

judicial or administrative litigation with LYNX. The Firm has no existing, potential

or probable conflicts of interest which would present any conflicts with the

representation of LYNX.

While we do not win every case referred to us for defense, we do win more

than we lose, and over the years we have enjoyed a good relationship with the judges

and juries of Central Florida. Our greatest successes have been in the defense of

governmental entities. The close working relationship that we have had with local

governmental agencies has made our work more effective and efficient. We feel that

our Firm is uniquely qualified to render tort legal services to LYNX.

Hilyard, Bogan & Palmer, P.A. has the capability to assure superior

performance of work within the time specified under LYNX’s contract. The Firm has

the capability of providing personnel to satisfy any problems that may arise during the

term of LYNX’s contract since it has the necessary qualifications, facilities and

financial resources to complete a LYNX contract in a satisfactory and cost-effective

manner. In submitting this Proposal, the Firm has not divulged to, discussed or

compared its Proposal with any other proposors and has not colluded with any

proposer or parties to a proposal whatsoever.

The Firm hereby declares that it is not in arrears to LYNX upon debt or

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contract and is not a defaulter, as surety or otherwise, upon any obligation to LYNX.

The Firm is not on the Comptrollers General’s list of ineligible contractors. Having

represented LYNX in the past, the Firm is familiar with LYNX’s insurance

requirements and already possesses the requisite insurance required by LYNX’s

contract. A certificate of insurance can be promptly issued naming the Central Florida

Regional Transportation Authority as an additional insured under the Firm’s insurance

coverages upon award of a contract.

For many years, the Firm has posted a notice in a conspicuous place within its

offices stating that the Firm will not discriminate against any employee or applicant

for employment because of race, religion, color, sex, creed, age, disability or national

origin. The Firm also has posted in a conspicuous place within its offices a drug-free

workplace policy for many years. The Firm also acknowledges that by signing any

bid documents it is qualified to submit a bid under Section 287.133 (2)(a), Florida

Statutes.

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SECTION 5 -

REQUIRED SUBMITTALS