AG24-0016-004_Keller_Rohrback_Attachment_I.pdf

REQUEST FOR PROPOSAL (RFP)

SOLICITATION # BPM005735

OFFER AND ACCEPTANCE

ATTACHMENT I

State of Arizona Office of the Attorney General

2005 N Central Ave Phoenix, AZ 85004

OFFER

TO THE STATE OF ARIZONA:

The Undersigned hereby offers and agrees to furnish the material, service or construction in compliance with all terms, conditions, specifications and amendments in the Solicitation and any written exceptions in the offer. Signature also certifies Small Business status.

Keller Rohrback L.L.P.

Firm Name Signature of Person Authorized to Sign Offer

3101 North Central Avenue, Suite 1400 Adam L. Rosenberg

Company Address Printed Name

Phoenix AZ 85012 Partner

City State Zip Title arosenberg@kellerrohrback.com (602) 248-0088 (602) 248-2822

Contact Email Address Contract Phone Number Contact Fax Number

By signature in the Offer section above, the Offeror certifies:

1. The submission of the Offer did not involve collusion or other anticompetitive practices.

2. The Offeror shall not discriminate against any employee or applicant for employment in violation of Federal

Executive Order 11246, State Executive Order 2009-9 or A.R.S. §§ 41−1461 through 1465.

3. The Offeror has not given, offered to give, nor intends to give at any time hereafter any economic opportunity, future employment, gift, loan, gratuity, special discount, trip, favor, or service to a public servant in connection with the submitted offer. Failure to provide a valid signature affirming the stipulations required by this clause shall result in rejection of the offer. Signing the offer with a false statement shall void the offer, any resulting contract and may be subject to legal remedies provided by law.

4. The Offeror certifies that the above referenced organization IS/ IS NOT a small business with less than 100 employees or has gross revenues of $4 million or less.

ACCEPTANCE OF OFFER

Your offer is hereby accepted:

The Contractor is now bound to sell the materials, services or construction listed by the attached contract based upon the solicitation, including all terms, conditions, specifications, amendments, etc., and the Contractor's offer as accepted by the Office of the Attorney General.

The Contractor is hereby cautioned not to commence any billable work or provide any material or service under this contract until the Contractor receives a purchase order, contract release document or written notice to proceed.

This Contract shall henceforth be referred to as Contract No.: AG24-0016-

The effective date of the Contract is:

STATE OF ARIZONA

OFFICE OF THE ATTORNEY GENERAL

Awarded this Day of , Cindy Palmer, Procurement Manager on behalf of

August 23, 2024 August 202423rd

BUSINESS QUESTIONNAIRE

ATTACHMENT I

State of Arizona Office of the Attorney General

2005 N Central Ave Phoenix, AZ 85004

Counsel Information

Keller Rohrback L.L.P. 2002

Firm Name Year Firm was Established

3101 North Central Avenue, Suite 1400

Firm Address

Phoenix AZ 85012 (602) 248-0088 (602) 248-2822

City State Zip Primary Phone Number Contact Fax Number

Firm Identified in Proposal as: Parent Company: Branch or Subsidiary Office: Individual Contracted Counsel:

Seattle, Washington 1919

Name and location of Parent Company (if applicable) Year Parent Company was Established (if applicable)

Names of not more than two Principals to contact:

Adam L. Rosenberg Partner (602) 248-0088 arosenberg@kellerrohrback.com

Name Title Phone Number Email Address

Number of Personnel by Discipline (count each person only once, by primary function):

41 7 16 52 5

Partners Of Counsel Associate Paralegal/Legal Asst Law Clerks

50 171

Other Staff Total Personnel

Has your firm ever held a contract with the State of Arizona? For how many years?:

Yes

AG19-0030-004 [Outside Counsel – Consumer Fraud & Related Civil Action]: 2019 – 2023

AG24-0001-014 [Outside Counsel – General Services]: 2024 – Present

Acceptance of Insurance Requirements:

Indicate that you have read, understand and will comply with the Insurance requirements specified in Section 8 & 9 of the

Agreement. Check the appropriate response.

Yes, we will comply with the Insurance requirements No, we will not comply with the Insurance requirements

CONFLICTS OF INTEREST QUESTIONNAIRE

ATTACHMENT I

State of Arizona Office of the Attorney General

2005 N Central Avenue Phoenix, AZ 85004

Conflicts of Interest:

Identify and describe any type of matter, litigation and otherwise, in which your firm is involved with against the State of

Arizona or any of its agencies and a concise statement of how your firm proposes to resolve any conflicts of interest with the

State of Arizona. Specific Cases or Matters should be listed on the table on the following page or you may add an attachment sheet similar to the table. In the event of the award of a contract, Counsel must receive a waiver of any conflict of interest.

The award of this contract does not create or cause said waiver.

Note: The State of Arizona does not require counsel to obtain a waiver of conflict of interest when counsel undertakes representation of a defendant in a criminal case.

No “Blanket” waiver requests will be considered. Check none below, if no conflict of interest exists. None

Specific Case/Matter Information:

List the specific cases in which your firm has been adverse to the State of Arizona in the last 2 years.

If the case has been on-going for more than two years it should be listed here. Add additional pages if needed.

Court or Case Name Court or Case Number Date Began Date Ended

N/A

List the specific matter in which your firm has been adverse to the State of Arizona in the last 2 years.

If the matter has been on-going for more than two years it should be listed here. Add additional pages if needed.

Matter Date Began Date Ended

N/A

List the specific cases in which your firm has represented the State of Arizona in the last 2 years.

If the case has been on-going for more than two years it should be listed here. Add additional pages if needed.

Court or Case Name Court or Case Number Date Began Date Ended

N/A

BAR COMPLAINT/MALPRACTICE QUESTIONNAIRE

ATTACHMENT I

State of Arizona Office of the Attorney General

2005 N Central Avenue Phoenix, AZ 85004

Disclosure of any State Bar Association Investigations and Malpractice Suits

Does any current member of your firm have any bar complaint currently being investigated and/or disciplinary action taken by the State Bar Association against them? Add additional pages if needed.

Check the appropriate response Yes No

If answer to the above is “Yes”, use the space below to disclose details of any complaint(s):

Has your firm had any malpractice suit or claim for malpractice filed against it in the last 2 years?

Add additional pages if needed.

Check the appropriate response Yes No

If answer to the above is “Yes”, use the space below to disclose details of any complaint(s):

Do you wish this information to be held confidential in accordance with A.A.C. R2-7-103?

Add additional pages if needed.

Check the appropriate response Yes No

If answer to the above is “Yes”, use the space below to disclose details of any complaint(s):

RATE SCHEDULE

ATTACHMENT I

State of Arizona Office of the Attorney General

2005 N Central Avenue Phoenix, AZ 85004

Rate Schedule

The contingency fee received by this state's private attorney shall not exceed fifty million dollars, except for reasonable costs and expenses and regardless of the number of lawsuits filed or the number of private attorneys retained to achieve the recovery. Rates below are the maximum allowed and may be negotiated on a case by case basis.

Item # Description

1 Not to exceed Twenty-five per cent of the initial recovery of less than ten million dollars.

2 Not to exceed Twenty per cent of that portion of any recovery of ten million dollars or more but less than fifteen million dollars.

3 Not to exceed Fifteen per cent of that portion of any recovery of fifteen million dollars or more but less than twenty million dollars.

4 Not to exceed Ten per cent of that portion of any recovery of twenty million dollars or more but less than twenty-five million dollars.

5 Not to exceed Five per cent of any recovery of twenty-five million dollars or more.

Hourly Rate Schedule The Hourly Rate Schedule shall be governed by the provisions of Paragraph 1.10 of the Request for Proposal.

Item Description Maximum Rate Hourly Rate Offered (Not to Exceed

Maximum Rate)

1 Adam Rosenberg (Partner) $400.00 $400.00

2 Keeley Engle or Nicole Roberson (Paralegals) $125.00 $125.00

QUALIFICATIONS OF KEY PERSONNEL

ATTACHMENT I

State of Arizona Office of the Attorney General

2005 N Central Avenue Phoenix, AZ 85004

Qualifications and Experience of Key Personnel

Complete this section for the Key Personnel the Offeror is proposing. Key Personnel are the individuals showing the experience and expertise to do the work identified in this RFP. If an item is not applicable, indicate so by inserting “N/A.

Please copy this form as needed.

Adam L. Rosenberg1 Partner

Name of Individual Title

Supervising Attorney Government liability, consumer protection, trial work

Proposed Project Role Area(s) of Expertise

AZ No. 039023 Arizona 2024

Bar Registration No. State of Issue Year

WSBA No. 39256 Washington 2007

Bar Registration No. State of Issue Year

Seattle University School of Law J.D. 2007

Education Degree Year

Washington State University B.A., Business Administration 2004

Education Degree Year

Executive Summary describing this individual’s suitability for a project of this nature. Include similar cases the individual was involved in and their role.

For many years, Adam Rosenberg has litigated fraud and consumer protection claims on behalf of government entities, individuals, and classes. This includes work on behalf of the State of Washington and a number of large municipalities and risk pools. Representative work includes:

University of Washington v. GEICO: Prosecuted consumer protection and contract claims against national insurer, which resulted in a seven-figure judgment following a lengthy jury trial, and published affirmance. See Univ. of Wash. v. Gov't Emps. Ins. Co., 200 Wash. App. 455, 404 P.3d 559 (2017).

Northwest Motorsport v. Sunset Chevrolet: Seven-figure judgment against used car dealership for misleading advertising and misuse of Google AdWords. Affirmed on appeal. Nw. Motorsport, Inc. v. Sunset Chevrolet, Inc., 14 Wash. App. 2d 1057 (2020).

City of Bothell v. Berkley Regional Specialty Ins.: One of multiple cases involving national insurers who wrongfully denied coverage to local government following loss events. Liability established by motion, City of Bothell v. Berkley Reg'l Specialty Ins. Co., No. C14-0791RSL, 2014 WL 5110485 (W.D. Wash. Oct. 10, 2014), followed by settlement on favorable terms.

McKnight v. Tori Belle Cosmetics: Class action lawsuit arising out of consumer protection violations related to unlawful “web fees,” led to bankruptcy and liquidation of company (and personal bankruptcy of the principals). McKnight v. Tori Belle Cosmetics, No. 22-2-12220-0 SEA (King Cnty. Sup. Ct.).

John Doe v. Apartment Management Corp.: Confidential settlement of putative class action involving improper retention of low-income tenants’ damage deposits.

1 Note: Please see attached resume (Exhibit A) for additional details.

REFERENCES

ATTACHMENT I

State of Arizona Office of the Attorney General

2005 N Central Avenue Phoenix, AZ 85004

References

Provide a minimum of three references to which you have provided similar services.

Reference #1

Company: Water and Sewer Risk Management Pool

Contact: Jason Barney

Street Address: 40 Lake Bellevue Dr., Suite 220

City, State, Zip: Bellevue, WA 98005-2480

Telephone #: (425) 452-9750

E-Mail: jasonb@wsrmp.org

Service Provided: Multiple engagements with Mr. Barney through his current role, as well as his prior role as a Senior

Adjustor at Washington Cities’ Insurance Authority risk pool.

Reference #2

Company: N/A

Contact: Steve and Cindy McKnight

Street Address: 482 Alton Mountain Road

City, State, Zip: Alton Bay, NH 03810

Telephone #: (603) 512-3892

E-Mail: mcknightsteve@hotmail.com

Service Provided: Former client in the Tori Belle litigation, noted above.

Reference #3

Company: City of Kirkland

Contact: Stephanie Croll

Street Address: 123 Fifth Avenue

City, State, Zip: Kirkland, WA 98033

Telephone #: (425) 587-3034

E-Mail: Scroll@KirklandWA.gov

Service Provided: Former and current client in various plaintiff and defense-side litigation involving large municipality.

Former law partner.

Exhibit A

SEATTLE (HQ) MISSOULA NEW YORK OAKLAND PHOENIX PORTLAND SANTA BARBARA

800-776-6044 | info@kellerrohrback.com | www.krcomplexlit.com

Whether a government agency or a frightened individual hoping to never again be involved with the legal system, Adam Rosenberg can be depended on to aggressively take on his client’s cause.

Adam represents both plaintiffs and defendants in a wide array of civil matters. His practice centers on litigation of a complex nature, including catastrophic injury, insurance bad faith, civil rights, land use, water law, and business disputes among others. He’s litigated high-stakes cases of national importance, as well as cases that were only important to the people involved.

Originally from Pennsylvania, Adam came to the Pacific Northwest for school, receiving a bachelor’s degree in Business Administration from the University of Washington and his J.D. from Seattle University School of Law. Before joining Keller Rohrback, Adam worked for multiple, other prominent Seattle-area firms. He credits any practice success he’s had to osmosis, having been privileged to work with (and against) some of the best trial lawyers in the country.

When not working, Adam enjoys spending time with his wife and two children, running, hiking and generally waging war against the natural aging process.

EXPERIENCE·

PARTNER | KELLER ROHRBACK L.L.P. | 2023-PRESENT

• Commercial and Complex Litigation Practice Groups

• Developing preeminent local government practice group

MEMBER | WILLIAMS, KASTNER & GIBBS, PLLC. | 2015-2023

• Broad government litigation practice

• General Counsel to firm and Chair of Business Litigation Practice Group

SHAREHOLDER | KEATING, BUCKLIN & MCCORMACK, INC. | 2007-2015

• Defended cities, counties, elected officials, and universities in complex litigation

• Emphasis in land use/environmental, civil rights, insurance coverage, and catastrophic injury

ADAM ROSENBERG

CONTACT INFO

1201 Third Avenue, Suite 3200 Seattle, Washington 98101

(206) 623-1900 arosenberg@kellerrohrback.com

PRACTICE EMPHASIS

• Appeals

• Class Actions & Consumer Litigation

• Insurance Bad Faith & Policyholder Rights

• Personal Injury & Wrongful Death

EDUCATION

Seattle Univeristy School of Law J.D., 2007, summa cum laude Seattle University Law Review

Washington State University B.A. Business Administration, 2004 Minor in Political Science

BAR & COURT ADMISSIONS

2007, Washington

2024, Arizona

SKILLS & ABILITIES

TRIAL WORK

• Significant jury experience, in both first and second chair capacity

• Various multimillion dollar lawsuits and at least one case of national importance

APPELLATE WORK

• Extensive work in state and federal courts of appeals, as well as experience in Washington and U.S.

Supreme Court

• Prepared numerous amicus briefs on behalf of various special interest groups

GENERAL LITIGATION

• Taken and defended 200+ depositions in complex cases

• Experience in almost every type of civil litigation, including patent, Intellectual Property, personal injury, employment, and commercial

PROFESSIONAL AND COMMUNITY ACTIVITIES

• Plaintiff’s Attorney of the Year (Washington Defense Trial Lawyers)

• Frequent speaker at CLE’s offered by Bar Association and Association of Municipal Attorneys

REPRESENTATIVE CASES

• Successful prosecution of Washington risk pool’s first bad faith lawsuit against commercial insurer who denied additional-insured coverage; ended in large payout and blue-sky agreement to defend remainder of underlying case.

• Obtained substantial jury verdict against national insurer for breach of contract and consumer protection violations on behalf of large state university (affirmed in published decision on appeal).

• Obtained summary judgment in favor of two deputy sheriffs in excessive force claim as King County Special Assistant Deputy Prosecutor.

• Defended multimillion-dollar inverse condemnation lawsuit against municipality, brought by lakefront property-owner. Following summary dismissal of property-owner’s causes of action and the filing of substantial counterclaims, the court granted an injunction, requiring the property-owner to remediate his property and awarding attorneys’ fees.

• Obtained a defense verdict in favor of a local ski area in premises liability case.

• Secured partial summary judgment, followed by an order enforcing the parties’ non-monetary settlement, in case involving complex insurance fraud investigation.

• Obtained a favorable defense verdict following a five-week jury trial in a complex road design lawsuit brought on behalf of a young man who suffered catastrophic brain injuries.

• Defense of graphic designer in lawsuit brought by former employer seeking to enforce non-compete;

following opposition to preliminary injunction, case settled on non-monetary terms, with defendant permitted to keep primary customers.

• Summary judgment in favor of former mayor, planning manager, and municipality in federal lawsuit alleging racially discriminatory permitting decisions.

• Summary dismissal of a federal lawsuit in which the business owner plaintiff claimed millions in lost revenue following municipality’s redesign of the adjacent roadway.

• Successfully defended the discretionary land use decisions of local town in a sharply contested Land Use Petition Act (LUPA) hearing; prevailed on appeal and secured a substantial attorneys’ fees award.

• Defended a local municipality in an inquest following fatal police shooting. The jury found that the officers exercised reasonable force.

• Summary judgment in favor of a large municipal client in multimillion dollar permit delay and disparate treatment lawsuit. In her order, the federal judge struck the plaintiff’s “sham declarations” as inconsistent with prior deposition testimony and pleadings. The dismissal was affirmed by the Ninth Circuit, and the United States Supreme Court denied certiorari.

• Secured summary judgment in complex civil rights lawsuit alleging arbitrary and discriminatory treatment of local developer.

• Defended former law firm and former partner against civil rights claims arising out of litigation work. Summary judgment was entered, followed by a sanctions judgment and injunction precluding further litigation.

• Obtained summary judgment in hotly contested police conduct case, involving allegations of disparate treatment, in which the mayor, chief of police, and three officers were named as defendants.

• In dismissing the lawsuit, the district court judge expressly found that the plaintiff-bar owners were unlike any other bar owners in the area, and therefore not subject to disparate treatment.

• Secured substantial sanctions award against a local developer after demonstrating that the federal lawsuit, which named three individuals, was brought for improper purposes. The plaintiffs voluntarily dismissed their case soon after.

• Successfully defended multiple breach of contract lawsuits in federal court brought by national multi-level marketing company, and ultimately drove plaintiff-entity into Chapter 11 bankruptcy though aggressive counterclaims.

• Summary dismissal of complex road design lawsuit arising out of a death during the Puyallup Fair. The court agreed with the municipality’s legal argument despite the plaintiff’s offer of significant expert testimony supporting her theory of the case.

• Defense of putative class action lawsuit charging that jail-booking process violated procedural due process.

After briefing, the case settled for nuisance value.

• Seven-figure judgment in favor of long-haul truck driver following hotly contested trial.

• Seven-figure settlement, following defense verdict and appeal—by prior counsel—in complex medical malpractice case in which client required below the knee amputation.

• Defended largest used car dealership on the west coast in complex commercial case; plaintiff non-suited shortly after his deposition.

• Secured seven-figure liquidated damages judgment arising out of breach of a settlement agreement through use of Google AdWords campaign.

• Proved that national franchisor violated Washington’s Franchise Investment Protection Act (FIPA) as a matter of law in federal lawsuit.

• Defended lawsuit brought by Microsoft vendor for breach of a non-compete; prevailed as a matter of law and decision was affirmed on appeal; secured payment of client’s attorneys’ fees and bankrupted adversary through aggressive garnishment.

• Secured substantial settlement against large Northwest software company arising out of claims for business torts and employment retaliation.

• Prosecuted and settled claim for personal injuries on behalf of injured motorcyclist for six-figure amount exceeding 20 times client’s medical costs.

• Trial counsel for large local trucking company in personal injury lawsuit; case settled for 3% of plaintiff’s pretrial demand after voir dire.

• Represented former CEO of Snoqualmie Casino in lawsuit brought by the Snoqualmie Tribe; case resolved with a mutual walkaway and no money changing hands.

• Secured summary judgment in discriminatory enforcement and permitting lawsuit, which named city planner. Granted substantial fee awards in both district court and Ninth Circuit.

• Secured summary judgment in favor of municipality in lawsuit alleging interference with a business expectancy after ambitious “quick lube” business failed. Division II published decision affirming dismissal.

• Obtained jury verdict for 50% of mediation offer—and rejection of all equitable claims tried to the bench— following two-week trial, in case involving defense of municipality that repeatedly flooded commercial properties during road construction.

• Summary dismissal of lawsuit brought against university by college professor who was injured on campus roadway.

• Defense verdict in favor of police officer with lengthy history of misconduct in excessive force case brought by Vietnam veteran.

• Secured substantial settlement on behalf of client who was sexually coerced by a well-respected doctor at a methadone clinic.

• Obtained summary judgment in favor of small municipality in class action lawsuit alleging negligent permitting and failure to enforce ordinances.

• Dismissal without payment of lawsuit brought against park district for negligent maintenance leading to injury.

• Obtained six-figure settlement for client against former employer who terminated her after she raised concerns about disparate treatment of older employees.

REPRESENTATIVE SPEAKING &

TEACHING

• Public Defense In A Post-Wilbur World, Washington

Association of Municipal Attorneys.

• Risk Management In Parks And Other Recreational Areas, Washington Cities Insurance Authority.

• Witness Preparation, Washington Defense Trial Lawyers (Annual Convention)

• Road Design Liability, Washington Defense Trial Lawyers (Tort Law CLE).

• “Risk Management in Land Use,” Washington Defense Trial Lawyers.

• “A Tale of Two Lawsuits,” Puget Sound Claim Manager Council.

• “The Ten Commandments of Working with a Permitting Agency,” Permitting Residential, Commercial & Industrial Projects in Washington.

• Jail and Prison Liability and Rick Management, Washington Cities Insurance Authority.

• “So You’ve Hired A Brady Cop - Now What?”

Washington State Association of Municipal Attorneys (Spring Conference).

• The Law Governing Use of Force Encounters, City of Kirkland Police Training Seminar.

• “The Perfect Plaintiff,” Washington Defense Trial Lawyers (Annual Convention).