STATE LOBBYING SERVICES AGREEMENT
STATE LOBBYING SERVICES AGREEMENT
THIS AGREEMENT is made on the J :l~ day of September, 2002, by and
between the CITY OF CLEARWATER, FLORIDA, P.O. Box 4748, Clearwater, Florida
33758, (the "City") and the law firm of PENNINGTON, MOORE, WILKINSON, BELL &
DUNBAR, P.A., P. O. Box 10095, Tallahassee, Florida 32302 ("Consultant").
WIT N E SSE T H:
WHEREAS, City issued a Request for Qualifications from Consultant to provide
State Lobbying Services, attached as Exhibit A; and
WHEREAS, Consultant agrees to provide State Lobbying Services to the City as
described in Consultant's Qualifications Submittal proposal, attached as Exhibit B;
NOW, THEREFORE, in consideration of the promises and mutual covenants
herein contained, the parties hereto do hereby agree as follows:
SECTION 1. AUTHORIZATION TO PROCEED AS CONSULTANT. Consultant is
hereby authorized under the terms and conditions of this Agreement to provide State
Lobbying Services to City as described in Exhibits A and B.
SECTION 2. SCOPE OF SERVICES. Consultant shall keep City informed and
active in the state legislative process by working with City staff to advocate the City's
position regarding issues before the state legislature and various state agencies.
Consultant agrees to organize a lobbying team led by Peter M. Dunbar, Martha
Edenfield, and Marc Dunbar which shall include all the resources of the individual
lobbyists of the consultant's firm to assist and represent the City on issues which shall
include, but are not limited to the following:
A. Strategic governmental relations program development and planning;
B. Lobbying and advocacy before administrative agencies;
C. Proactive issue identification and management;
D. Timely assessment of information which may affect the City;
E. Legislative monitoring and lobbying;
F. Regulatory agency representation;
G. Assessment of budgetary and regulatory issues;
H. Regular updates on City-related issues;
s:\lnewcome\lobby.agr
I. Administrative Branch representation; and
J. Issue Analysis
SECTION 3. LOBBYING TEAM. It is understood and agreed between the City
and Consultant that the lobbying team shall consist of three members and that
responsibility for organization and leadership of the lobbying team will fall upon Peter M.
Dunbar, Martha Edenfield, and Marc Dunbar, but the consultant team will include all of
the resources of the Consultant's individual lobbyists. The City reserves the right in its
absolute discretion to cancel this Agreement if either Peter M. Dunbar, Martha Edenfield,
or Marc Dunbar is not responsible for the organization and leadership of the lobbying
team.
SECTION 4. TERM. The term of this Agreement shall be from October 1, 2002
through September 30, 2007.
SECTION 5. PROFESSIONAL FEES FOR SERVICES. The City and Consultant
agree to an annual flat fee for state lobbying services of Forty Eight Thousand Dollars
($48,000). Consultant shall bill City Four Thousand Dollars ($4,000) per month. Special
projects before executive agencies that are not included in the Scope of Services will be
agreed to in advance and billed separately at an hourly rate not to exceed $250.00 per
hour as approved by the City Manager. Expenses shall not exceed 10% of the contract
amount per year.
SECTION 6. COMPENSABLE EXPENSES. Reimbursement of expenses shall
be made by the City to the firm for reasonable out-of-pocket expenses as determined by
the City Manager without markup, for long distance calls and facsimiles, copying or
reproducing documents, postage, court costs, parking costs and travel incurred by
Consultant in performance of the duties hereunder. Travel and per diem costs as well as
automobile travel expenses shall not exceed that which is available to City of Clearwater
employees. Expenses shall not exceed $4,800.00 per year.
SECTION 7. INDEMNIFICATION AND INSURANCE. Consultant agrees to
protect, defend, indemnify and hold the City and its officers, employees and agents free
and harmless from and against any and all losses, penalties, damages, settlements,
costs, charges, professional fees or other expenses or liabilities of every kind and
character arising out of or due to any negligent act or omission of Consultant or its
employees in connection with or arising directly or indirectly out of this Agreement and/or
the performance hereof. Without limiting its liability under this Agreement, Consultant
shall procure and maintain during the life of this Agreement professional liability insurance
in a minimum amount of one million dollars ($1,000,000.00). This provision shall survive
the termination of this Agreement.
SECTION 8. CONFLICT OF INTEREST. It is understood by the City and
Consultant that Consultant is not aware of any clients of the firm that currently present
any direct conflict between the interests of the City and other clients of Consultant. If any
potential conflict of interest arises during the time Consultant is representing the City,
Consultant will promptly inform the City. In that event, Consultant and City shall agree
2
upon a lobbyist to represent the City on any issue in conflict and agree upon the
appropriate fee for said services, which shall be deducted from Consultant fee. With
reoard to those clients which the Firm beaan representina after the City of Clearwater's
initial representation. all conflicts would be resolved in favor of the City of Clearwater.
SECTION 9. CONSTRUCTION AND AMENDMENTS. This Agreement shall be
governed by and construed in accordance with the laws of the State of Florida. This
Agreement may be amended only by a writing duly entered into by the City and
Consultant.
SECTION 10. COMPLIANCE WITH RECYCLED PAPER ORDINANCE.
Consultant agrees to comply with the City's Recycled and Recyclable Products Ordinance
Sec. 2.601 which states the following:
A. All reports submitted to the City shall use recycled paper when it is available at
a reasonable price and of satisfactory quality to meet contractual performance standards.
For the purposes of this paragraph, the price of recycled paper shall be considered
"reasonablell if its cost is no more than ten percent higher than the lowest price offered for
non-recycled paper.
B. All reports submitted to the City shall use both sides of paper sheets whenever
practical.
C. Consultant shall be responsible for maintaining records documenting usage of
recycled paper for reports submitted to the City in fulfillment of contractual obligations.
Consultant shall submit such, records to the City according to procedures to be
established by the Purchasing Manager.
SECTION 11. CANCELLATION OF AGREEMENT. Either party may cancel this
Agreement for any reason upon thirty (30) days advance written notice to the other party.
In the event of cancellation, Consultant shall immediately cease work hereunder and
shall be reimbursed for eligible and documented reimbursable expenses incurred prior to
the date of cancellation.
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SECTION 12. ATTORNEYS FEES. In the event that either party seeks to enforce
this Agreement through attorneys at law, then the parties agree that each party shall bear
its own costs and that jurisdiction for such an action shall be in a court of competent
jurisdiction in Pinellas County, Florida.
IN WITNESS WHEREOF, the City and Consultant have executed this Agreement
as of the date first written above.
Countersigned:
Jl1,f,~rO"Y,ed as to form:
IY ~Il
Pamela K. Akin, City Attorney
CITY OF CLEARWATER, FLORIDA
- z.
Cy t ia E. Goudeatl,:_City~lerk.
-
./-
..;..- -.
PENNINGTON, CULPEPPER, MOORE,
WILKINSON, DUNBAR & DUNLAP, P.A.
By: Ck. 14. ~
-
~Ci...D~Cj Vurc?c-br
4
CITY OF CLEARWATER
REQUEST FOR PROPOSAL - 35-02
FOR
STATE LOBBYING SERVICES
TO BE OPENED AT 4:00 P.M.
AUGUST 1, 2002
AT
PURCHASING OFFICE
MUNICIPAL SERVICES BUILDING
100 SOUTH MYRTLE AVENUE
CLEARWATER, FLORIDA 33756
2
II
Exhibit A _, I
State Lobbying ~
07/03/02
RFP for State Lobbying Services for the City of Clearwater
I. General Purpose and Introduction
The City of Clearwater (City) seeks an experienced, well-qualified person, firm, or
entity (Respondent) to help represent the City before the Legislature, executive branch
and agencies of the state government. It is the City's intention to solicit responses from
potentially qualified respondents; to evaluate their responses; to require presentations
by finalists (if deemed necessary); to negotiate terms; including price; and to award a
contract for services upon successful negotiation of a reasonable contract. The City of
Clearwater has a Council-Manager form of government with a five-member City
Commission whose members are elected at large. The terms of office are staggered.
The City Manager is appointed by the City Commission to implement and manage
Commission policy.
II. Scope of Services
The scope of services to be performed by a qualified Respondent include but are
not limited to the following:
A. The qualified Respondent shall be able to maintain a presence on behalf
of the City of Clearwater in the Tallahassee, Florida area. The qualified
Respondent is required to have an office located in the Tallahassee area.
B. The qualified Respondent shall be able to provide timely information,
assessments and reports on state legislation, budgetary, and regulatory
issues affecting the City of Clearwater. The information provided shall
include regular updates on city-related issues with emphasis on those
issues specifically affecting Clearwater.
C. The qualified Respondent shall be able to effectively communicate City
Commission policy positions to the Legislature, the Administration, and
state agencies. This will include scheduling meetings for the Mayor,
members of the City Commission, City Manager or City legislative staff
with members of the State House and Senate, the Administration, and
with state agency representatives to discuss the City's concerns. The
Respondent will provide advice and counsel on the timing, necessity and
subject matter, including the key points needing to be discussed at any of
these meetings. Additionally, the Respondent will advise the City on the
necessity to write letters of support or opposition on pending legislation or
state policy issues.
D. The qualified Respondent shall be able to provide timely information and
advice on state funding opportunities to support City programs and
services and facilitate state consideration of City applications. The City
throughout the year submits grant applications to seek funding for
programs that compliment the goals and objectives of the City
Commission. The Respondent should be prepared to support these
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07/03102
efforts by advising the City of available opportunities. The Respondent will
be asked to spearhead efforts to seek demonstration grant opportunities
made available by state agencies that have applicability to City of
Clearwater priorities.
The qualified Respondent shall be able to work in conjunction with the
Florida League of Cities in support or opposition of budget appropriations,
legislation and agency rules or regulations affecting cities.
The qualified Respondent shall be able to review and provide advice on
development of the City of Clearwater's State Legislative Program.
The qualified Respondent shall be able to travel to Clearwater as directed.
Occasionally, the Respondent may be asked to travel to Clearwater to
report on its activities in representing the City. Travel to Clearwater and
on behalf of Clearwater will be reimbursable. (see Item V.E., below)
The qualified Respondent shall provide written status reports on the State
Legislative Agenda.
III. Calendar of Events
E.
F.
G.
H.
A.
B.
C.
D.
E.
F.
G.
07/03/02
08/01/02
08/06/02
08/12/02
08/13/02
09/05/02
10/01/02
Request for Proposal (RFP) Release date
RFP Opening no later than 4:00 p.m. at 100 S. Myrtle Ave.,
Clearwater, FL 33756
Evaluating Committee Review
Candidate presentations/interviews with Evaluating
Committee (if deemed necessary)
Evaluating Committee recommendation of finalists
City Commission reviews Evaluating Committee
recommendation for approval (Agenda item)
Commencement of Services
The above schedule may be changed solely at the
City's discretion.
IV. Minimum Qualifications
A.
B.
C.
D.
E.
Respondent must demonstrate experience and expertise in the state
legislative process or be able to demonstrate equivalent experience.
Respondent must demonstrate the ability to represent local government
clients to the Legislature or be able to demonstrate equivalent experience.
Respondent must demonstrate ongoing relationships with members of the
Florida Legislature by including in their list of references members and a
contact person in each of the offices who can discuss the Respondent's
work.
Respondent must demonstrate ongoing relationships with key members
and Legislative Committee staff, Executive branch agency staff, and
describe how these relationships may be of assistance to the City.
Respondent must demonstrate familiarity with State agencies and a
record of a successful working relationship with these agencies.
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07/03/02
V. Response Format and Content
A. Respondent should submit documentation to substantiate compliance with
Minimum Qualifications as stated in this document.
B. Respondent's history and background including: 1) list and description of
outcomes of public sector projects and initiatives worked on in the past
five years, including key contacts for each of these projects; 2) experience
with local government(s) in the last five years; 3) a list of clients for whom
similar services were provided; 4) details of how project success was
measured, 5) list of team members who will be providing lobbying services
for Clearwater and their experience with local government; and 6) a list of
2001/02 clients.
C. A Work Plan indicating: 1) Respondent's approach to provide the required
scope of services; 2) names of individual(s) responsible to provide the
services and resumes describing qualifications, credentials, relevant
experience, and how long individual(s) have been on the team; and
3) Respondent's membership and participation in professional
associations.
D. Respondent shall provide a Financial Statement Cost Summary-
E. Respondent shall supply total cost to perform services with a breakdown
providing hourly rate and total cost. Travel and out-of-pocket expenses
shall be listed separately and included in total cost. Respondent shall
provide payment terms and a schedule of payments.
VI. Proposal Submission
Proposals shall be delivered to the City Purchasing Manager, City of Clearwater,
100 South Myrtle Avenue, Clearwater, FL 33756, prior to the opening time of 4:00 p.m.
on Thursday, August 1, 2002. Delivery of proposals to the City of Clearwater's
Purchasing Office prior to the specified date and time is solely and strictly the
responsibility of the Respondents. The City shall not, under any circumstances, be
responsible for delays caused by the United States Postal Service or any private
delivery service, or for delays caused by any other occurrence. All responses must be
manually and duly signed by an authorized corporate officer, principal, or partner with
the authority to bind said Respondent. All responses must be marked on the outside:
II Request to Provide Lobbying Services at the State Level
To the City of Clearwater:
To be opened at 4:00 p.m. E.D.T., August 1, 2002"
The Respondent is solely responsible for reading and completely understanding
the requirements of his RFP. The opening time shall be and must be scrupulously
observed. Under no circumstances will qualification delivered after the specified
delivery time be considered. Late submissions shall be returned unopened to the
Respondent with the notation, "The qualifications were received after the delivery time
designated for the receipt and opening of the proposals."
The Respondent shall submit six (6) copies of their proposals in their entirety.
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07/03/02
- - ---r-----
All proposals shall be prepared and submitted in accordance with the provisions
of this RFP. However, the City may waive any informalities, irregularities, or variances,
whether technical or substantial in nature or reject any and all qualifications at its
discretion. Any proposals may be withdrawn prior to the indicated time for opening of
proposals or authorized postponement thereof. No Respondent may withdraw
proposals within ninety (90) days after the actual date of the proposal's opening.
VII. Inquiries and Addenda
Each Respondent shall examine the RFP document and shall judge all
matters relating to the adequacy and accuracy of this document. Any inquiries,
suggestions, or requests concerning interpretation, clarification, or additional information
pertaining to the RFP shall be made through the City of Clearwater's Purchasing
Manager, George McKibben at P.O. Box 4748, Clearwater, FL 33758; 100 S. Myrtle
Ave., Clearwater, FL 33756; or FAX 727/562/4635. The City shall not be responsible
for oral interpretations given by any City employee, representative, or others. The
issuance of a written addendum is the only official method whereby interpretation,
clarification, or additional information can be given. If any addenda are issued to this
RFP, the City will attempt to notify all prospective Respondents who have secured
same. However, it shall be the responsibility of each Respondent, prior to submitting
the proposal, to contact the City of Clearwater's Purchasing Manager (727/562-4634) to
determine if addenda were issued and to make such addenda a part of the proposal.
VIII. Responder Preparation Expenses
Each responder preparing a proposal in response to this request shall bear all
expenses associated with their preparation. Responders shall prepare a response with
the understanding that no claims for reimbursement shall be submitted to the City for
the expense of preparation or presentation.
IX. Right to Protest
Any actual or prospective bidder who is aggrieved in connection with the
solicitation or award of a contract may seek resolution of his/her complaints by
contacting the Purchasing Manager.
X. No Corrections
Once competitive proposal is submitted, the City shall not accept any request by
any proposer to correct errors or omissions in any calculations or competitive price
submitted.
XI. Openness of Procurement Process
Written competitive proposals, other submissions, correspondence, and all
records made thereof, as well as negotiations conducted pursuant to this RFP, shall be
handled in compliance with Chapters 119 and 286 Florida Statutes. The City gives no
assurance as to the confidentiality of any portion of any proposal once submitted.
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07/03102
XII. No Collusion
By offering a submission to the RFP, the proposer certifies the proposer has not
divulged to, discussed or compared his/her competitive proposal with other proposers
and has not colluded with any other proposers or parties to this competitive proposal
whatsoever.
XIII. Informality Waiver/Rejection Of Proposals
The City reserves the right to reject any or all responses and to waive any
irregularity, variance or informality whether technical or substantial in nature, in keeping
with the best interest of the City.
XIV. Appropriations Clause
The City, as an entity of government, is subject to the appropriation of funds by
its legislative body in an amount sufficient to allow continuation of its performance in
accordance with the terms and conditions of this contract for each and every fiscal year
following the fiscal year in which this contract shall remain in effect. Upon notice that
sufficient funds are not available in the subsequent fiscal years, the City shall thereafter
be released of all terms and other conditions.
XV. Evaluation Criteria & Ranking Process
A. Evaluation of the proposals shall be accomplished using the criteria
described in this section. Information and data included in the response
shall be considered in the evaluation process.
B. Selection Criteria and Weight (indicated in parenthesis)
1. Overall quality (5) (completeness, and thoroughness of the Work
Plan)
2. Experience (4) (documented, successful, and relevant) with local
governments and/or organizations in providing lobbying services
3. Qualifications (3) (knowledge, education, and training)
4. Reports from references (3)
5. Cost for services (2)
C. References may be contacted regarding the satisfaction of services
rendered by the Respondent. References will be evaluated based on
overall quality of work and successful experience.
D. Negotiations
Following the ranking of the proposals the Committee shall designate the
top ranked Respondent and enter into negotiations. The Committee shall notify
the Respondent in writing. Negotiations shall begin immediately with the
Respondent selected. If negotiations are successful, the Committee shall
recommend the favorable Respondent to the City Commission. Thereafter, the
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07/03/02
City Commission may issue a notice of intent to enter into an agreement with the
Respondent by certified mail. If the negotiations are unsuccessful, the
Committee shall begin negotiations with the second ranked Respondent. The
Committee reserves the right to terminate negotiations at any time, with or
without cause.
The Evaluation & Negotiation Committee reserve the right to negotiate
whatever schedule is convenient to it and which is in the best interest of the City.
E. Insurance, Safety & Contract Requirements
The successful bidder will procure and maintain, at bidder's expense,
insurance coverage as contained in Exhibit A attached hereto and made a part
hereof as if fully set forth herein, and will also comply with all supplemental
provisions regarding insurance, indemnification, safety, etc. contained therein.
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07/03/02
Evaluation Committee Members
NAME
DEPARTMENT
Cyndie Goudeau
Garry Brumback
Margie Simmons
Pam Akin
Ralph Stone
City Clerk Department
City Manager's Office
Finance
City Attorney
Economic Development
Evaluation Committee Meeting re RFP for State Lobbying Services
August 6, 2002, 2:00 p.m. to 4:30 p.m.-
Evaluating Committee selection of top candidates for oral presentation.
Location: Large Conference Room City Hall, Third Floor
Notice to City Clerk to be posted one week prior to evaluation committee
meeting.
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07/03102
RESPONDENT NAME: DATE:
" SCORE: ," ,.
COMMITTEE CONSENSUS: ' ',',
(Weight x ..,' '.,
Rating) ,
CRITERIA " WEIGHT " RATING SCORE COMMENTS .,
1. Overall quality of the 5
work plan;
completeness;
thoroughness.
2. Experience of 4
respondent:
documented, successful,
and relevant to local
government
3. Qualifications of the 3
individuals providing
lobbying services:
knowledge, education,
and training
4. References reports 3
5. Cost for services 2
CITY OF CLEARWATER
RFP FOR FEDERAL LOBBYING SERVICES
EV ALUATION CRITERIA
10
07/03/02
EXHIBIT A
CITY OF CLEARWATER
ADDITIONAL RISK MANAGEMENT/INSURANCE REQUIREMENTS
FOR
AGREEMENTS AND CONTRACTS
INSURANCE
In addition to any other insurance required by the RFP, or bid documents, the vendor
shall provide the following described insurance, except for coverages specifically
waived by the City, on policies and with insurers acceptable to the City.
These insurance requirements shall not limit the liability of the vendor. The City does
not represent these types or amounts of insurance to be sufficient or adequate to
protect the vendor's interests or liabilities, but are merely minimums.
The vendor's deductibles/self-insured retention shall be disclosed to the City and may
be disapproved by the City. They shall be reduced or eliminated at the option of the
City. The vendor is responsible for the amount of any deductible or self-insured
retention.
INSURANCE OF THE VENDOR PRIMARY
Insurance required of the vendor or any other insurance of the vendor shall be
considered primary, and insurance of the City, where applicable, shall be considered
only as excess.
PROFESSIONAL LIABILITY. MALPRACTICE AND/OR ERRORS OR OMISSIONS
If checked below, the City requires the following terms and types of insurance for
professional, malpractice, and errors or omissions liability.
_x_ Professional Liability/Malpractice/Errors or Omissions Insurance
The vendor shall purchase and maintain professional liability or malpractice or
errors or omissions insurance appropriate for the type of business engaged in by
vendor with minimum limits of $500,000 per occurrence.
If a claims made form of coverage is provided, the retro-active date of coverage
shall be no later than the inception date of claims made coverage, unless prior
policy was extended indefinitely to cover prior acts.
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07/03/02
Coverage shall be extended beyond the policy year either by a supplemental
extended reporting period (ERP) of as great duration as available, and with no
less coverage and with reinstated aggregate limits, or by requiring that any new
policy provide a retroactive date no later than the inception date of claims made
coverage.
WRITTEN AGREEMENT/CONTRACT
Any party providing services or products to the City will be expected to enter
into a written agreement, contract, or purchase order with the City that
incorporates, either in writing or by reference, all of the pertinent provisions
relating to insurance and insurance requirements as contained herein and in the
RFP or other bid documents. A failure to do so may, at the sole option of the
City, disqualify any vendor, bidder, or proposer of services and/or products to the
City.
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07/03102
CITY OF CLEARWATER
REQUEST FOR PROPOSAL
FOR STATE LOBBYIST
Proposal Submission List
PENNINGTON, MOORE, WILKINSON,
BELL & DUNBAR, P.A.
ATTORNEYS AT LAW
POST OFFICE BOX 10095
TALLAHASSEE, FLORIDA 32302-2095
CONTACT: PETER M. DUNBAR
PHONE: 904-222-3533
SMITH, BRYAN & MYERS
311 EAST PARK AVENUE
TALLAHASSEE, FLORIDA 32301
CONTACT: RONALD VILLELLA
PHONE: 850-224-5081
HOLLAND & KNIGHT
ATTORNEYS AT LAW
315 SOUTH CALHOUN STREET, SUITE 600
TALLAHASSEE, FLORIDA 32301
CONTACT: JAMES R. DAUGHTON, JR.
PHONE: 850-224-7000
HABEN & RICHMOND, P.A.
ATTORNEYS AT LAW
1435 E. PI EDMOND DRIVE, SUITE 110
TALLAHASSEE, FLORIDA 32312
CONTACT: RALPH H. HABEN, JR.
PHONE: 850-422-1221
WILLIAM J. PEEBLES
ATTORNEY AT LAW
310 WEST COLLEGE AVENUE
TALLAHASSEE, FLORIDA 32301
CONTACT: WILLIAM J. PEEBLES
PHONE: 850-681-7383
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07/03102
REQUEST FOR PROPOSAL CHECKLIST
Statement of General Purpose YES NO
Introduction x
Calendar of Events: x
a Release date x
b Pre-proposal conference date and time x
c Proposal due date and time of openinQ x
d Selection of top candidates x
e Vendor Demonstrations (if deemed necessarv) x
f Site Visit dates x
Q Staff Recommendation due x
h City Commission action x
i Contract Initiation/start date x
j Project completion x
Scope of Project x
Vendor Qualifications x
Information to be Submitted x
Instruction for Preparation/Number of Copies Required x
When and How to Direct Inquiries x
How Addenda Will be Communicated x
General Contract Terms x
Special Contract Terms x
Evaluation Criteria x
Evaluation Team (Names and/or Departments) x
BondinQ and/or Insurance Requirements x
When and Where Proposals must be returned x
Standard Conditions
a) Appropriations Clause x
b Protest Procedures x
c No Corrections Clause x
dl Openness of Procurement Clause x
e I No Collusion Clause x
f Informality / Rejection Clause x
Evaluation Committee MeetinQ Date. Time, Place. Notice to City Clerk x
Attachments - Exhibit A x
REQUIRED APPROVAL
Dept. Director:
Purchasing Mgr:
Risk Manager:
City Manager:
07/03/02
.'
Exhibit B
State Lobbying Contr
PENNINGTON, MOORE, WILKINSON, BELL & DUNBAR, P .A.
ATTORNEYS AT LAW
JOAN H. ANDERSON
DOUGLAS S. BELL
SAMUEL P. BELL, III
FREDERICK L, BUSACK
KAREN M, CAMECHIS
KEVIN X. CROWLEY
MARK K. DELEGAL
MARC W. DUNBAR
PETER M. DUNBAR
MARTHA J. EDENFIELD
CYNTHIA S, FLETCHER
MARK T, HANEY
WILEY HORTON
WILLIAM H. HUGHES, III
KORY J. ICKLER++
KIMBERLY L. KING
STEVEN M. MALONO
EDGAR M, MOORE
E. MURRAY MOORE, JR.
BRIAN A. NEWMAN+
JULIUS F. PARKER, III
JOHN C. PELHAM
CARL R. PENNINGTON, JR., P.A,
GARY A. SHIPMAN
STEPHEN L. SPECTOR
SUSAN K. SPURGEON
MICHAEL J. THOMAS+
CYNTHIA S. TUNNICLIFF
WILLIAM E. WHITNEY
BEN H. WILKINSON
CATHIC.WILKINSON
JULIUS J. ZSCHAU
TALLAHASSEE OFFICE:
215 SOUTH MONROE STREET
SECOND FLOOR
TALLAHASSEE, FLORIDA 32301
TELEPHONE: 850/222-3533
FAX: 850/222-2126
OF COUNSEL
ROBERT CINTRON, JR.
R. STUART HUFF, P.A.
Coral Gables, Florida
CHRISTOPHER W. KANAGA
(Admitted In M....chus.tts & Color.do Only)
TAMPA OFFICE:
2701 NORTH ROCKY POINT DRIVE
SUITE 930
TAMPA, FLORIDA 33607
TELEPHONE: 813/639-9599
FAX: 813/639-1488
SPECIAL CONSULTANTS
R. Z. SAFLEY.
JAMES E. HARRIS, JR.'
E-Mail:pet.@penningtonlawfirm.com
REPLY TO:
P.O. BOX 10095
TALLAHASSEE, FL 32302-2095
'NOT A MEMBER OF THE FLORIDA BAR
+also admitted in Georgia
++also admitted in Louisiana
July 30, 2002
George McKibben, Purchasing Manager
City of Clearwater
100 S. Myrtle Avenue
Clearwater, Florida 33756
Dear Mr. McKibben:
On behalf of the law firm of Pennington, Moore, Wilkinson, Bell & Dunbar, P.A. (the
"Firm"), I am pleased to submit this response to the City of Clearwater's ("City") Request for
Proposal (RFP #35-02) for state lobbying services. This response is on behalf of the
following:
PENNINGTON, MOORE, WILKINSON, BELL & DUNBAR, P.A.
Post Office Box 10095 (32302)
215 South Monroe Street, 2nd Floor
Tallahassee, Florida 32301
(850) 222-3533
(850) 222-2126 (facsimile)
e-mail address:pete@penningtonlawfirm.com
The undersigned is authorized to bind the law firm of Pennington, Moore, Wilkinson,
Bell & Dunbarduring the period in which the City is evaluating proposals. The Pennington Law
Firm is a Florida corporation.
George McKibben
July 30, 2002
Page Two
The undersigned is fully authorized to act on behalf of the Pennington Firm in supplying
this proposal. Again, thank you forthe opportunity to submit a response to the RFP. We look
forward to hearing from you in the near future.
Respectfu lIy,
PENNINGTON, MOORE, WILKINSON,
BELL & DUNBAR, P.A.
~~.~
Peter M. Dunbar
Managing Director
PMD/tmz
Enclosure
QUALIFICATIONS SUBMITTAL TO PROVIDE
LOBBYING SERVICES TO THE
CITY OF CLEARWATER
PROPOSAL FROM PENNINGTON, MOORE,
WILKINSON, BELL & DUNBAR, P .A.
Post Office Box 10095 (32302)
215 South Monroe Street, 2nd Floor
Tallahassee, Florida 32301
(850) 222-3533
(850) 222-2126 (facsimile)
e-mail address:penningtonlawfirm.com
TABLE OF CONTENTS
Table of Contents. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 1
I. Compliance with Minimum Qualifications ................................ 2
A. Overview of Experience and Expertise with State Legislative Process .... 3
B. Ability to Represent Local Government Clients ...................... 5
C. Ongoing Relationships with Members of the Legislature and Key Contacts 6
D. Ongoing Relationships with Key Legislative Committee and Executive
Agency Staff . . . . . . . . . . . . . . . . . . . . . . , . . . . . . . . . . . . . . . . . . . . . . . .. 1 0
E. Familiarity with State Agencies and a Record of Success for Working
Relationships with these Agencies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 11
II. History and Background ............................................ 13
A. List and Description of Outcomes of Public Sector Projects and
Initiatives and Key Contacts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 13
B. Experience Representing Municipal, County, or other Local
Government Entity ........................................... 19
C. List of Previous and Current Clients for Whom Similar Services
were Provided . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 22
D. Details of how Project Success was Measured ..................... 23
E. Clearwater Team Members .................................... 24
F. List of 2001/2002 Clients ...................................... 26
III. Work Plan ....................................................... 29
A. Scope of Services. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 29
B. Clearwater Lobby Team's Qualifications, Credentials and
Relevant Experience ......................................... 37
C. Respondent's Membership and Participation in Professional AssociatioB . 41
IV. Financial Statement Cost Summary. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 44
V. Total Cost to Perform Services. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 45
Exhibit A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . no page
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I. COMPLIANCE WITH MINIMUM QUALIFICATIONS
INTRODUCTION
Pennington, Moore, Wilkinson, Bell & Dunbar, P.A. has almost 30 years experience in the
area of strategic planning, lobbying and governmental relations and an established reputation
as one ofthe leading law firms in the State of Florida. The Firm's diverse client base includes
Fortune 500 companies, local governments, statewide non-profit organizations and
associations, as well as a variety of governmental and municipal entities.
Originally founded in 1972, the Firm provides its clients legal expertise and extensive
experience in the areas of litigation; legislative and governmental affairs; business and
corporate, land use, environmental, local government, and administrative law; banking; real
property; tax, estate planning, probate; bankruptcy and creditors rights; health care; insurance;
sports and entertainment; lobbying; and public utilities law.
Located within a block from the Capitol and within fifteen minutes from most state agencies,
the Firm offers a powerful combination of talent and experience with a proven track record
before the legislative, executive and regulatory branches of government. The Firm's contact
base extends throughout state government and includes legislative leadership, legislative staff
members, and key contacts in executive agencies. The Firm offers year-round hands-on
monitoring, intelligence and oversight of government activity and a highly professional,
performance-oriented approach for meeting client goals and objectives. The Firm works with
clients to develop a focused agenda and integrated strategies designed to meet client
objectives.
Additionally, the Firm's principals have been based in Tallahassee for many years and
possess a keen understanding ofthe dynamics and intricacies of state and local government.
The Firm is engaged in a broad-based business and government oriented practice. The Firm
holds all the necessary licenses and credentials to engage in lobbying activities and in the
practice of law. The Firm keeps current in its registration for lobbying requirements, as well
as any reporting requirements for gifts and expenditures.
It should be noted that as a law firm, even in the area of governmental consulting, the Firm and
its members are governed by the Rules of Ethics of the Florida Bar, including those as to
identifying conflicts and notifying clients ofthe conflict. Further, the Firm carries malpractice
insurance substantially exceeding the City of Clearwater's additional risk
management/insurance requirements. (See Exhibit "A" attached to this RFP)
The Firm is rated the highest rating of AV in Martindale-Hubbell, the professional rating
system for law firms.
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A. OVERVIEW OF EXPERIENCE AND EXPERTISE WITH STATE LEGISLATIVE
PROCESS
The Firm of Pennington, Moore, Wilkinson, Bell & Dunbar, P .A. currently has 36 professionals
including 11 members of its Government Affairs team and approximately 44 support staff.
The firm offers the client the following skills and talents:
· THE CAPABILITY TO BE AN EFFECTIVE LOBBYIST AT THE STATE LEGISLATIVE
LEVEL
The professionals at the Firm have extensive experience in lobbying and governmental affairs,
much of it gained through public service as elected officials. This practice area includes
legislative representation of a wide variety of Fortune 500 corporations, business and
professional associations, health care entities and governmental entities. In addition to
lobbying services, this practice area also includes representation during rule promulgation,
resulting from legislative action, and ongoing consulting services. The governmental affairs
specialists have extensive experience in representing clients before the:
· Governor and Cabinet;
· The Florida Legislature;
· The Florida Executive Branch Agencies; and
· Local Government.
This team, with its extensive background and experience in Florida's government relations
area, provides the client with successful strategies and effective governmental representation
based on priorities and objectives established by the client.
The essential elements of any successful legislative program are credibility, feasibility,
relationships and strategic planning.
· Credibility and Professionalism. The Pennington Firm has been a leading
law firm and a permanent presence in Tallahassee for almost 30 years.
Since the mid-70's, the Pennington Firm has been known for its strong
understanding of the legislative, executive agency and cabinet processes,
broad-based statewide contact network and professional approach for
developing and implementing results oriented legislative and public affairs
programs that meet targeted client goals and objectives.
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· Feasibility. The Firm can assist the client in determining what legislative
priorities to set by determining key factors, including the prospects for
success, availability of state funds for accomplishing local initiatives, and
potential road blocks (if any).
· Relationships. Overthe years, through public service and private practice, the
members of the Firm have developed statewide networks of legislative and
political contacts, both Republican and Democrat, that gives the Firm an
insider's view of the process and access to time sensitive information that can
help move legislation. Additionally, the Firm's professionals are involved in
a wide-range of government, business and civic organizations which yield
opportunities for exposure and support for client interests and goals.
· Timing. Successful legislative programs above all require intimate
understanding ofthe flow of issues during the course of a legislative session.
Managing the timing of legislation from introduction through consideration by
the Governor is critical to success. The Firm's strong understanding of the
legislative process will ensure that the client is apprised of emerging
opportunities, potential sponsors of legislation and budgetary dynamics so
that appropriate decisions can be made and strategies implemented to
achieve desired results.
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B. ABILITY TO REPRESENT LOCAL GOVERNMENT CLIENTS
The Pennington Firm has had extensive experience in representing local governments and
governmental type entities. Currently, the Pennington Firm represents Volusia County, the City
of Clearwater, Tampa Bay Water, City of Apopka, Florida Governmental Utilities Authority,
Pinellas County and Walton County. In the past, members of the Firm have represented
Broward County, the City of Daytona Beach, City of Port Orange, Flagler County, St. Johns
County School Board, Volusia County School Board and numerous other local governments.
Pete Dunbar, a former Pinellas County legislator, House Republican leader and Chief of Staff
to Governor Bob Martinez, will be the team leader on behalf of the City of Clearwater. Pete
has had extensive experience representing local governments and was the catalyst in putting
together the multi-agency agreement involving Tampa Bay Water. Pete Dunbar also
represents Walton County, Pinellas County and the Florida Governmental Utility Authority.
Pete enjoys a close relationship with the Republican Leadership in both the House and the
Senate.
In the representation of local government clients, the Firm will communicate and coordinate
with the client's professional staff. The Firm understands the importance of working closely
with the City Commission and staff in the development of the legislative package and has the
practical experience necessary to develop strategy, enabling us to advise the Commission
and staff of what we believe will and will not work in the process. The Firm will monitor
proposed state policies, programs and legislation on a continuing day-to-day basis to identify
issues that may affect them. The Firm will work closely with the City Attorney and City
Commission staff in reviewing various laws and rules and in analyzing their impacts on these
entities.
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C. ONGOING RELATIONSHIPS WITH MEMBERS OF THE LEGISLATURE AND
KEY CONTACTS
The members of the Pennington Team know each and every of the current 160 members of
the Florida Legislature. Further, each election cycle, the members of the Pennington Firm
travel around Florida meeting candidates and working for legislative and statewide
candidates. This provides us with the opportunity to getto meet new candidates priorto their
election to office, a function which has become even more important due to the effect of term
limits.
With three former members of the Legislature representing both sides of the aisle, the Firm
maintains close relationships with leaders of both parties in the House and the Senate. The
Firm has provided legal representation to both the House and the Senate in the last decade.
Pete Dunbar has participated in the orientation of new members of the Legislature in every
term since leaving the House of Representatives. Pete has also provided orientation forthe
last three Speakers of the House.
Legislative References:
Senate:
· Senator Jim King (R-Jacksonville)
Senate President Designate ('03-'04), Majority Leader ('02)
9485 Regency Square Blvd., Suite 108
Jacksonville, Florida 32225-8145
(904) 727-3600
contact: Senator King
(aide) Kay Rousseau
· Senator Ken Pruitt (R-Port St. Lucie)
Senate Finance & Taxation Chair ('02)
Suite 110,2400 S.E. Midport Road
Port St. Lucie, Florida 34952-4806
(561) 335-8000
contact: Senator Pruitt
· Senator Lisa Carlton (R-Osprey)
Senate Appropriations Chair ('02)
2127 S. Tamiami Trail
Osprey, Florida 34229-9695
(941 ) 486-2032
contact: Senator Carlton
6
· Senator AI Lawson (D-Tallahassee)
Senate General Government Appropriations
210 Senate Office Building
404 South Monroe Street
Tallahassee, Florida 32399-1100
(850) 487-5004
contact: Senator Lawson
· Senator Jack Latvala (R-Palm Harbor)
35111 U.S. Highway 19 North
Palm Harbor, Florida 34684
(727) 787-8991
contact: Senator Latvala
(aide: Tracy Caddell)
· Senator Jim Sebesta (R-St. Petersburg)
Senate Transportation Committee Chair ('02)
Gateway Corporate Center, Suite 319
9887 4th Street North
St. Petersburg, Florida 33702
(727) 563-0377
contact: Senator Sebesta
(aide: Sue Bertield)
· Senator Les Miller (D-Tampa)
2109 Palm Avenue
Suite 302
Tampa, Florida 3360S
(813) 272-2831
contact: Senator Miller
House of Representatives:
· Representative Dudley Goodlette (R-Naples)
House Rules Committee Chair
Suite 203,3301 East Tamiami Trail
Naples, Florida 34112-4961
(941 ) 417-6205
contact: Representative Goodlette
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· Representative Sandy Murman (R-Tampa)
Speaker Pro Tem ('02)
House Health and Human Services Appropriations Chair ('02)
Suite 101, 1107 East Jackson Street
Tampa, Florida 33602-4113
(813) 272-2884
contact: Representative Murman
(aide: Ralph Lair)
· Representative Lindsay Harrington (R-Punta Gorda)
House Environmental Protection Committee Chair ('02)
Speaker Pro Tern ('03)
Unit #2110, 115 Tamiami Trail
Punta Gorda, Florida 33950-3600
(941) 575-5820
contact: Representative Harrington
· Representative Ron Greenstein (D-Coconut Creek)
House General Government Appropriations Ranking Democrat
4800 West Copans Road
Coconut Creek, Florida 33063-3879
(954) 956-5600
contact: Representative Greenstein
· Representative Marco Rubio (R-Spring Hill)
Majority Whip ('02)
House General Government Appropriations Member ('02)
6427 SW 8th Street
Miami, Florida 33144-4813
(305) 442-6939
contact: Representative Rubio
· Representative Doug Wiles
Democrat Leader ('03)
1510 North Ponce de Leon Blvd.
St. Augustine, Florida 32804-2602
(904) 823-4660
contact: Representative Wiles
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· Representative Gus Bilirakis (R-Tarpon Springs)
31608 US Highway 19 North
Palm Harbor, Florida 34684-3723
(727) 669-1911
contact: Representative Bilirakis
· Representative Kim Berfield (R-Clearwater)
Suite 190, 311 Park Place Boulevard
Clearwater, Florida 33759-4904
(727) 724-3000
contact: Representative Berfield
· Representative Leslie Waters (R-Largo)
Suite 107
11350 66th Street North
Largo, Florida 33773-5524
(727) 545-6421
contact: Representative Waters
· Dennis Jones (R-Seminole)
Former House Member and Senate Candidate
Post Office Box 3426
Seminole, FL 33775
(727)360-9790
contact: Betsy Collins
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D. ONGOING RELATIONSHIPS WITH KEY LEGISLATIVE COMMITTEE AND
EXECUTIVE AGENCY STAFF
The budget process implemented under the current executive administration requires prior
agency review and authorization. Demonstrating inclusion in the substantive agency budget
is required in orderto survive a gubernatorial veto. In implementing this policy, the Governor
has shown a heavy hand with the veto pen. Therefore, throughout the year and during budget
development, the Firm will work with the City Commission and its department heads and staff
to ensure that the required information and project lists are submitted to the appropriate
agency heads and approved by the appropriate agency budget personnel.
The Firm has and would continue to work closely with the Southwest Florida Water
Management District and its staff assuring that city priority projects are included on the list of
approved projects submitted by the Water Management District to the Governor and to the
Department of Environmental Protection.
The Firm would also work with the Department of Environmental Protection to ensure that
priority projects are approved and are considered state priorities by the Department and as
such are included in the Department budget.
The Firm, as in the past, would work closely with the Florida Communities Trust staff in the
application and ranking process for Florida Forever Funding projects on behalf ofthe City of
Clearwater.
Other agency staff which oversee budget areas which may be of importance to City of
Clearwater projects include:
· the Agency for Health Care Administration;
· the Department of Children and Families; and
the Department of Corrections
The Firm also works closely with Senate and House appropriations staff personnel to ensure
that any necessary "back-up" information for projects and appropriate justification for inclusion
in the state agency budget is obtained by the staff recommends retention of the City's priority
projects.
In addition to appropriations issues, the Firm recognizes the importance of establishing and
maintaining relationships with key agency staff and legislative committee staff for su bstantive
committees, including the House Community Affairs Committee, Senate Comprehensive
Planning and Veteran's Affairs Committee, House Environmental Protection and Natural
Resources Committee, Senate Natural Resources Committee, and all other committee staff
as appropriate.
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E. FAMILIARITY WITH STATE AGENCIES AND A RECORD OF SUCCESS FOR
WORKING RELATIONSHIPS WITH THESE AGENCIES
The Firm has excellent working relationships and experience with Florida's executive state
agencies. The following relationships are representative examples which may be relevant to
the representation of the City of Clearwater:
· Department of Community Affairs - Secretary Steve Seibert
The Firm enjoys a long standing and close relationship with Secretary Seibert, dating back
to his days as a local official in Pinellas County. As part of duties of Secretary of DCA,
Secretary Seibert is the Chair of the Board of the Florida Communities Trust. ("FCr).
Recently, the Firm, representing the City of Clearwater, worked closely with the FTC staff and
appeared before Secretary Seibert's Board and obtained approval of two projects on the
Florida Forever program cycle, the Bay View and Kapok Tree. The Bay View project was
originally ranked too lowto receive funding. The Firm discovered a way to work with FCT staff
to obtain a staff recommendation to award additional points. The Firm assisted the City of
Clearwater in arranging for appearances by Senator Latvala, Senator Sebesta and
Representative Berfield before the Board, resulting in additional points being awarded by the
Board for the Bay View project.
· Department of Environmental Protection - Secretary David Struhs
Secretary Struhs also is a memberofthe Board of the Florida Communities Trust. The Firm
has enjoyed a successful working relationship with Secretary and his staff on many projects
including Florida Communities Trust award of a $10 million grant for the City of Daytona
Beach for development of a pier and board walk public space.
We also enjoy close working relationships with Eva Armstrong, Division Director of State
Lands. Kevin Crowley, a member of the Pennington Team previously served as the general
counsel to the Department of Natural Resources (a predecessor agency to the Department
of Environmental Protection). Martha Edenfield has practiced administrative law and
environmental law since 1984 and has numerous contacts throughout the agency
headquarters in Tallahassee and throughout the DEP district offices throughout the state.
· Department of Transportation - Secretary Tom Barry
The Firm has enjoyed an excellent working relationship with Secretary Barry on state funding
issues and various legal interpretations, including working closely with Secretary Barry and
the Tampa District Secretary to obtain state funding for the Memorial Causeway Bridge,
Martha Edenfield, while attending law school, worked as a law clerk at the Department of
Transportation and maintains many contacts throughout the agency from that experience.
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· The Office of the Governor
The current administration represents the first time since reconstruction that Florida has had
both a Republican Governor and Legislature. Pete Dunbar is the only former Republican
member of the Florida House of Representatives that also served in the Executive Office of
the Governor in a Republican Administration. As the general counsel for the Florida's
previous Republican Administration, Pete Dunbar is in a unique position to communicate with
the members of the newly-elected Republican Administration and has the familiarity with the
mechanics and functions of the Executive Office of the Governor along with the detailed
knowledge and the decision-making process when in the office. This unique prospective
enables Pete to access the pressure points inherent in the policy operations of the office and
to influence the current Administration. Pete is called upon from time-to-time to advise
Administration members on the key strategy dealings with the legislative branch.
· Department of Insurance - Commissioner Tom Gallagher
Pete Dunbar and Sandy Safley, along with other members of the Firm, enjoy very close
relationships with Commissioner Gallagher. Commissioner Gallagher is unopposed forthe
newly created cabinet position of Chief Financial Officer and is therefore the only currently
known member of the 2003 Cabinet. Pete Dunbar was a key player in Commissioner
Gallagher's race for Governor in 1994. Marc Dunbar served as Campaign Treasurer for
Commissioner Gallagher's campaign for Education Commissioner in 1998.
Department of Agriculture and Consumer Affairs - Commissioner Charlie Bronson
Pete Dunbar and Martha Edenfield both have long standing close relationships with
Commissioner Bronson and the staff ofthe Department of Agriculture and Consumer Affairs.
The Firm will continue to work with the Department of Agriculture to find opportunities to show
case Clearwater throughout the nation and the world. as was previously done with the 1998
Olympic Pavilion in Nagano, Japan.
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II. HISTORY AND BACKGROUND
A. LIST AND DESCRIPTION OF OUTCOMES OF PUBLIC SECTOR PROJECTS
AND INITIATIVES AND KEY CONTACTS
Citv of Clearwater:
From 1997-2002, the City of Clearwater sought funding to implement its "One City One
Future" vision. These appropriations included unique and creative projects. For example, in
1997, Mr. Dunbar and Ms. Edenfield obtained a $750,000.00 appropriation for the City of
Clearwater to create, transport and showcase a Florida tourism pavilion in the 1998 Olympics
in Nagano, Japan, and worked closely with the Secretaryofthe Department of Transportation
to reinterpret substantive law making the City eligible for up to $13 million in funding for the
Memorial Causeway Bridge.
Full City of Clearwater Appropriations History:
2002
Stevenson Creek ............................................. $1.000,000
Clearwater Homeless Intervention Program. . . . . . . . . . . . . . . . . . . . . . . .. $ 470,000
2001
Clearwater Stevenson Creek (Veto) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. $1,000,000
Greenwood Community Health Center. . . . . . . . . . . . . . . . . . . . . . . . . . . .. $ 50,000
City of Clearwater N. Greenwood
Aquatic Center (FRDAP) ....................................... $ 200,000
City of Clearwater Eddie C. Moore
Softball Complex (FRDAP) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. $ 200,000
Clearwater Homeless Intervention ................................ $ 100,000
2000
Clearwater Stevenson Creek .................................... $1,500,000
Clearwater Town Pond. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. $ 400,000
City of Clearwater/Community Service Program (Veto) ................ $ 158,000
City of Clearwater Brownfield Remediation ......................... $ 500,000
Clearwater East/West Trail (FRDAP) . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. $ 150,000
Clearwater Homeless Intervention ................................ $ 100,000
N. Greenwood Branch Library ................................... $ 300,000
Clearwater Beach Monorail ..................................... $ 150,000
Greenwood Community Health Center. . . . . . . . . . . . . . . . . . . . . . . . . . . .. $ 50,000
Spring Training Franchise Retention .......................... Up to $15 million
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1999
City of Clearwater Stevenson Creek (Veto) ......................... $1,500,000
Cliff Stephens Park (Veto) ...................................... $ 150,000
Greenwood Community Health Center. . . . . . . . . . . . . . . . . . . . . . . . . . . .. $ 300,000
Salvation Army Community Services (Veto) . . . . . . . . . . . . . . . . . . . . . . . .. $ 158,000
Brownfield Remediation ........................................ $ 300,000
1998
East-West Recreation Path ..................................... $ 100,000
City of Clearwater-City Center Park ............................... $ 857,302
City of Clearwater-Wolfe Preserve . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. $ 140,000
Brownfield Remediation Clean-up and Redevelopment . . . . . . . . . . . . . . .. $ 225,000
Job Development Centers at USF Brownfields Site . . . . . . . . . . . . . . . . . .. $ 397,000
Enterprise Zone Designation - Tax Refund ................... $7,500 per QTI Job
. . . . . . . . . . . . . . . . . . . . . . . . . . . . .. $2,500 per job Brownfield Redevelopment Bonus
1997
Clearwater Sister City Program .................................. $ 750,000
Memorial Causeway Bridge Construction. . . . . . . . . . . . . . . . . . . . . .. up to $13 million
Brownfield/Enterprise Zone ..................................... $ 600,000
The City of Clearwater has been a key player in crafting and supporting legislation beneficial
to Clearwater and other municipalities including:
Brownfields Redevelopment: The Firm was active in passage of the 1997 Brownfields
Redevelopment Act and in the 1998 Brownfields "glitch" bill. The purpose ofthese Acts is to
provide meaningful environmental and economic incentives for the cleanup of and private
investment in the development of contaminated and abandoned urban areas.
Retention of Spring Training Franchises: The Firm, representing the City of Clearwater
worked to write and pass legislation providing tax dollars to renovate spring training baseball
stadiums which is intended to keep major league teams from leaving Florida's Grapefruit
League for the Cactus League in Arizona and Nevada. Teams will be required to stay at
cu rrent Florida site for at least fifteen years and local governments must be willing to pay for
at least half the upgrades to qualify for shares of $75 million in state sales tax revenue that
would be allocated for such projects over 30 years.
Pinellas County 2002:
Curlew Drainage (Veto) ........................................ $ 500,000
Sandy Key Beach Renourishment ................................ $ 400,000
Upham Beach Renourishment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1.3 million
Park Boulevard Drainage (Veto) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 500,000
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Tyrone Overpass (Veto) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. $ 400,000
Myrtle Avenue Drainage (Veto) .................................. $ 300,000
Bridges .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. $5.2 million
Pinellas County Drug Court ..................................... $ 200,000
Walton County 2002:
Choctawhatchee Bay Wastewater Improvements .................... $1.5 million
Walton County 2001 :
Chipley Improvement Program. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 65,805.00
Harbesen Field Improvement Program. . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 102,225.00
Harry Laird Senior City Park. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ,$ 50,000.00
The Fairgrounds Renovation Project ............................. $ 50,000.00
North Walton County Community Agricultural Center ................ $ 100,000.00
Portland Community Agricultural Center .......................... $ 150,000.00
Red Bay Community Emergency Disaster Center ................... $ 166,000.00
Choctaw Beach Community Emergency Disaster Center ............. $ 166,000.00
Geo Park Bike Trail .......................................... $ 1.9 million
South Walton County Sewer Improvements. . . . . . . . . . . . . . . . . . . . . . . . $ 1.5 million
Walton County Hill-Burton Extended Congregated Care Hospital
Conversion . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. $357,000.00
Walton County Health Department/DeFuniak Springs Facility ......... $500,000.00
Apopka 2002:
Passage of a statewide grant program which would secure public funding in the construction
of new agriculture centers one of which would be in the City of Apopka.
Additional Public Funding Proiect Successes
Members of the Firm have represented the six statutory teaching hospitals in Florida for over
the past twelve years, and have had recent success in obtaining funding for the following
projects and services: Graduate medical education and indigent care (year 2001-
$230,000,000, (year 2000 - $125,200,000), (year 1999 - $94,435,000) and (year 1998-
$102,100,000). Forthe Poison Information Network: Year 2000 - $3,658,000, year 1999-
$3,558,000, year 1998 - $3,558,000 and year 1997 - $3,408,000. The Firm worked to secure
funding for trauma centers in 1998,1999,2000, and 2001 totaling approximately $5 million
annually.
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The Firm, representing Volusia County, acquired substantial funding for beach enhancement
projects for two consecutive years. More specifically, the following appropriations were
obtained by the Firm forVolusia County: Stone Island Wastewater Plant $750,000, South
Waterfront Park Wastewater $2,000,000, Health Department Purchase $3,535,000, Beach
Improvements (two years in a row) $300,000, Ponce Inlet Dredging $582,000, and DeBary
Hall Historic Preservation $250,000.
In addition, representing Universal Studios, the Firm obtained an appropriation often million
dollars for the completion of an interstate interchange on the Bee Line Highway in Orange
County, Florida. Moreover, representing a local group of beach front property owners, the
Firm obtained a modification of the Coastal Construction Setback Line which will facilitate the
redevelopment of aging beach front properties in an area of Ponce I nlet to the mouth of the
St. Johns River in Duval County.
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· KEY CONTACTS FOR PUBLIC SECTOR PROJECTS (1997 TO PRESENT)
City of Clearwater
Post Office Box 4748
Clearwater, Florida 34618-4748
(727) 462-5092
Contact: Ms. Cynthia E. Goudeau, City Clerk
Volusia County
123 W. Indiana Avenue
Deland, Florida 32720
(904) 736-5920
Contact: Cynthia A. Coto, County Manager
Tampa Bay Water
2534 Landmark Drive, Suite 211
Clearwater, Florida 34621
(727) 796-2355
Contact: Mr. Donald D. Conn, General Counsel
Broward County
115 S. Andrews Avenue, Room 406
Fort Lauderdale, Florida 33301
(954) 357-7575
Contact: Pamela Landi, Director, Office of Public and Governmental Relations
Florida Statutory Teaching Hospital Council
Shands HealthCare
1600 SW Archer Road
Gainesville, Florida 32610
(352) 265-6995
Contact: Paul Rosenberg, Senior Vice President and General Counsel
City of Apopka
Post Office Box 1229
Apopka, Florida 32704-1229
(407) 703-1700 (office)
Contact: Jack H. Douglas, Jr., CPM, CGFM, Assistant City Administrator
17
Pinellas County
315 Court Street
Clearwater, Florida 33756
(727) 464-3485
Contact: Elithia Stanfield, Assistant County Administrator
Walton County, Board of County Commissioners
117 Montgomery Circle
Post Office Box 1355
DeFuniak Springs, Florida 32435
(850) 892-8155
Contact: Michael D. Underwood, County Administrator
City of Daytona Beach
P.O. Box 2451
Daytona Beach, FL 32115
(386) 671-8010
contact: Richard Quigley, City Manager
City of South Daytona
P. O. Box 214960
South Daytona, FL 32121-4960
(386) 322-3000
contact: Joe Yarbrough, City Manager
Tampa General Hospital
P.O. Box 1289
Tampa, Florida 33601
(813) 844-7873
contact: Dr. Marcos F. Lorenzo
18
B. EXPERIENCE REPRESENTING MUNICIPAL, COUNTY, OR OTHER LOCAL
GOVERNMENT ENTITY
The Firm has extensive experience in representing local governments and quasi-
governmental entities in legislative, agency, and appropriations matters. Currently, the Firm
represents the City of Ormond Beach (1 year), City of Clearwater (5 years), City of Daytona
Beach (4 years), City of South Daytona (4 years), Volusia County(12 years), Walton County
(1 year), and the Tampa Bay Water (7 years). The following outlines the numberofyears of
representation with each of the governmental entities:
In the past, members of the Firm have represented the following entities for the specified
number of years: City of DeBary (1 year), City of Deltona (1 year), City of Palm Bay (1 year),
City of West Melbourne (1 year), Broward County (3 years), Flagler County (3 years),
Hillsborough County Hospital Authority (11 years), S1. Johns County School Board (1 year),
S1. Johns Water Management District (1 year), Sumter County (6 years), and Florida Property
Appraisers (7 years).
The Firm has successfully assisted municipal, county, and other local government clients with
issues such as capital improvement projects, urban redevelopment, annexation, growth
management, retirement, court and county administration, worker's compensation,
environmental, telecommunications, health care, building code and contractor licensing and
consumer issues, as well as a variety of appropriations matters. For example, the Firm,
representing Volusia County acquired substantial funding for beach enhancement projects for
two consecutive years. More specifically, the following appropriations were obtained by this
firm forVolusia County: Stone Island Wastewater Plant $750,000, South Waterfront Park
Wastewater $2,000,000, Health Department Purchase $3,535,000, Beach Improvements (two
years in a row)$300,000, Ponce Inlet Dredging $582,000, and DeBary Hall Historic
Preservation $250,000. Byway offurther example, the Firm obtained an appropriation often
million dollars for the completion of an interstate interchange on the Bee Line Expressway in
Orange County, Florida.
The Firm assisted the City of Clearwater in obtaining a $750,000 appropriation create,
transport and showcase a Florida tourism pavilion in the 1998 Olympics in Nagano, Japan.
From 1997-2001, the Firm represented the City of Clearwater seeking funding to implement
its "One City One Future" vision and the following projects: North Greenwood Branch Library
($300,000), Clearwater Beach Monorail ($150,000), City of Clearwater Emergency Shelter
for Homeless ($100,000), North Greenwood Community Health Center ($50,000), City of
Clearwater Brownfield Remediation ($500,000), FRDAP Clearwater East/West Trail
($150,000), Stevenson Creek Estuary Improvement ($1.5 million), City Pond ($ 400,000),
Clearwater Homeless Intervention Program ($100,000), North Greenwood ($ 50,000), and
FRDAP Projects ($400,000).
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Members of the Firm have represented the six statutory teaching hospitals in Florida for over
the past twelve years, and have had recent success in obtaining funding for the following
projects and services: graduate medical education and indigent care (year 2001 -
$230,000,000), (year 2000 - $125,200,000), (year 1999 - $94,435,000) and (year 1998 -
$102,100,000). Forthe Poison Information Network: year 2000 - $ 3,658,000, year 1999-
$3,558,000, year 1998 - $ 3,558,000 and year 1997 - $3,408,000. The Firm worked to
secure funding for trauma centers in 1998, 1999,2000, and 2001 totaling approximately $5
million annually.
In addition to appropriations, the Firm has also passed the following substantive legislation
which benefits local governments throughout Florida:
· Volusia County - passed legislation giving counties the ability to sell or lease their
property (real and personal)through a competitive negotiation process ifthe county
adopted an ordinance which set forth the procedure for the disposition of the
property and which established certain sunshine law and public records law
requirements pertaining to the negotiation process. Priorto this law, counties could
only dispose of property through a competitive bid process.
Volusia County - passed legislation requiring applicants for a permit to construct
or substantially modify a solid waste management facility to provide notice of such
application to the local government having jurisdiction overthe proposed location
ofthe facility. The Florida Department of Environmental Protection shall not issue
the permit until it has proof that such notice has been provided to the appropriate
local government.
· City of Daytona Beach - passed a local bill granting the City a 30-year statutory
lease of the submerged lands beneath the Main Street Pier in Daytona Beach.
This was a necessary component to the substantial redevelopment of the historic
beach district within Daytona Beach.
Broward County - passed legislation which created a public records exemption for
certain child support enforcement agencies.
· Broward County - passed legislation which allows access to patient records by
managed care rehabilitation providers.
Apopka/Winter Garden - passed a grant program forthe construction of a new civic
center in NW Orange County which was twice vetoed before the Firm was hired.
The Firm planned the strategy, wrote the bill, passed the legislation and the
Governor signed the bill into law.
20
. Walton County - amended legislation to exempt paving of certain rural roads and
bridges from requirements to obtain DEP permits, potentially saving the small
counties millions of dollars on permitting and mitigation expenses.
. City of Clearwater - drafted and passed the Brownfields statute;
. City of Clearwater - drafted and passed legislation to help the City secure recurring
funding for its spring training facility;
Some of the Firm's Substantive Local Government Accomplishments Before the Executive
and Legislative Branches from 1997 - present.
.
City of South Daytona - revision of state retirement statute to allow for opt-out;
.
City of South Daytona - negotiated with the Department of Management
Services for readmission into the state retirement system;
.
Daytona Beach Chamber of Commerce - created a statutory exemption to the
Coastal Construction Control Line in a pilot program from St. Augustine to New
Smyrna;
.
Tampa General Hospital- drafted and passed the 5 cent local option sales tax.
.
Tampa General Hospital- revised the Hillsborough County Hospital Authority
enabling act;
.
Tampa General Hospital - drafted and passed legislation allowing
municipalities within Hillsborough County to adopt ordinances granting lien
privileges to hospitals;
.
Baycare - drafted and passed legislation allowing municipalities within Pinellas
County to adopt ordinances granting lien privileges to hospitals;
.
County of Volusia - revised claims bill against the county to provide a more
favorable payment schedule.
City of Clearwater - worked on and neutralized solid waste legislation proposed
by private industry which would have prohibited municipalities from providing
solid waste services outside their boundaries and subjected governmental
entities to Anti-trust laws.
21
C. LIST OF PREVIOUS AND CURRENT CLIENTS FOR WHOM SIMILAR
SERVICES WERE PROVIDED
Broward County
City of Apopka
City of Clearwater
City of Daytona Beach
City of Ormond Beach
City of Port Orange
City of South Daytona
City of Winter Garden
Coastal Conservation Association Florida
Community Hospital of New Port Richey
Correctional Medical Authority
Flagler County
Florida Alliance of Boys & Girls Clubs, Inc.
Florida Association of Community Colleges
Florida Association of Rural Health Clinics
Florida Comprehensive Health Association
Florida Governmental Utility Authority
Florida Humanities Council
Florida Insurance Council
Florida Statutory Rural Hospital Council
Florida Statutory Teaching Hospital Council
Gulf Coast Jewish Family Services, Inc.
Lee County Electric Cooperative, Inc.
Pinellas County
St. Johns County School Board
Stewart-Marchman Center
Tampa Bay Water
Tampa General Healthcare
The Nature Conservancy
USF Foundation
Volusia County School Board
Walton County Board of County Commissioners
22
D. DETAILS OF HOW PROJECT SUCCESS WAS MEASURED
Legislative enactments and funding projects, unlike often ethereal legal disputes, usually have
immediate tangible success and measures.
The passage of legislation resulting in the creation of a new program, such as the Brownfield
redevelopment program, which has resulted in implementation of a successful program in the
City of Clearwater, is an example of one such successful'egislative program. The measure
of success ofthe Brownfield program is a qualitative measure of success, while the funding
obtained for several years earmarked for the Clearwater Brownfield Program is quantitative
measure.
More obviously, annual acquisition ofthe state appropriation funding for projects which has
been worked through the substantive agency budgets and "approved" by the Executive
Agency, therefore withstanding the swift and sure veto pen, is a quantitative measure of
success.
The list of public sector client projects and initiatives contained in subsection A indicates
funding of projects successful attempts at passage of legislative initiatives on behalf of the
Firm's public sector clients. While some projects and initiatives fall victim to gubernatorial
veto, (and is so noted) often as in the case of the Clearwater Stevenson Creek project and in
creation of the spring training legislative program, the Firm pursued the projects afterthe veto
and was able to obtain approval, making the ultimate success out of the original failure.
Using a "dollars and cents" approach to measuring success, clients may perform a
"cost/benefit" analysis, measuring the cost of the Firm's services against the appropriation
received, thereby measuring a successful legislative session bywhetherthe cost of hiring the
Firm is greater than the appropriation(s) obtained.
By any measure, the Firm has engaged in many successes in the representation of local
governmental entities.
23
E. CLEARWATER TEAM MEMBERS
There are 11 lawyers and consultants who concentrate on governmental, legislative and
regulatory practice areas. The Clearwater Team will consist of 3 lawyers, Pete Dunbar,
Martha Edenfield and Marc Dunbar.
· Peter Dunbar served five terms in the Florida House of Representatives
representing Pinellas County before joining the Office of the Governor in 1988 as
General Counsel and Director of Legislative Affairs. He has been with the Firm
since 1991 and is the immediate past President ofthe Firm. He is a past member
of the Florida Commission on Ethics and served as the Pasco County Attorney
from 1973 to 1975. He is a member ofthe Real Property, Probate and Trust Law
Section of the Florida Bar. During his legislative service, Pete served as Chair
and Vice Chair of the Pinellas County Legislative Delegation. Pete grew up in
Dunedin and was a resident for 30 years.
· Martha Edenfield began practicing administrative law in 1984 and has had a
lobbying and governmental affairs for seventeen regular legislative session.
Martha joined the Firm in 1996 and is currently the head of the Governmental
Affairs Section of the Firm. Martha was a recent appointee by the late Governor
Lawton Chiles to the Administrative Procedure Act Review Commission and is the
former State Treasurer of the Florida Democratic Leadership Council. She is a
member of the Environmental Lawand Land Use Section and the Administrative
Law Section of the Florida Bar.
· Marc Dunbar served as the Assistant General Counsel and Communications
Director for the Florida Department of State from 1995 to 1997. He is the past
legislative chairman and executive council memberofthe Entertainment, Arts, and
Sports Law Section of the Florida Bar and served on the legislative task force
which rewrote Florida's athlete agent laws. His area of practice now concentrates
on administrative and governmental law.
The Firm's approach allows 100% coverage of issues for each client so each and every
meeting and area of interest to the client is thoroughly covered and reported to the client. No
client matters will "fall through the cracks". Client matters are assigned to two or more team
members, and issues are checked and cross-checked through daily communications and
weekly team meetings.
While the Firm represents numerous governmental entities and private concerns, each of
these representations vary in their scope and complexity. Our current workload, although
heavy, still allows the Firm to take on a few select clients. We would not apply or seek work
that we could not complete, aggressively and successfully advocate.
24
By utilizing a "team approach" to lobbying, the Firm ensures that each and every project
undertaken on behalf of the client receives the requisite time, resources and management
attention. Further, the involvement of a team in the legislative process creates a type of
synergy increasing the Pennington Team's effectiveness, and thus, the client's presence in
the process.
Pete Dunbar, Martha Edenfield and Marc Dunbar have enjoyed the successful and rewarding
representation of the City of Clearwater since 1997. This team remains committed to
providing the best service possible to the City of Clearwater should the City choose to
continue this relationship. Representation of the City in its issues will remain a highest priority
for the Team.
25
F. LIST OF 2001/2002 CLIENTS
2151 Century Oncology, Inc.
ACT Corporation
Advantage Capital Partners
American Pioneer Title Insurance Company
American Safety Institute, Inc.
Associated Industries of Florida
Associated Industries of Florida Political Action Committee, Inc.
Associated Industries of Florida Service Corporation
Associated Industries Insurance Company, Inc.
Associated Industries Insurance Services, Inc.
Avis, Inc.
B.J. Alan Companies
Benfield Blanch
City of Clearwater
City of Daytona Beach
City of Ormond Beach
City of South Daytona
Coastal Conservation Association Florida
Coca-Cola Enterprises
Correctional Medical Authority
Crossbow Ventures
FCCllnsurance Group
Federation of Manufactured Home Owners of Florida, Inc.
First Commercial Mutual Company
First Floridian Auto & Home Insurance Company
Florida Alliance of Boys & Girls Clubs, Inc.
Florida Association of Insurance Agents
Florida Association of Rural Health Clinics
Florida Automobile Dealers Association
Florida Cable Telecommunications Association
Florida Comprehensive Health Association
Florida Development Enterprise Corporation
Florida Governmental Utility Authority
Florida Health Care Association
Florida Humanities Council
Florida Outdoor Advertising Association
Florida Petroleum Marketers and Convenience Store Association, Inc.
Florida Police Chiefs Self-Insurance Fund
Florida Portable Building Manufacturers Association
Florida Power & Light Company
Florida Recreational Vehicle Trade Association
26
Florida Retail Federation
Florida Sheriffs' Self Insurance Fund
Florida Statutory Teaching Hospital Council
Florida Surplus Lines Service Office
Forethought Financial Services
Fortis Insurance Company
Gilbert RV Insurance
Golden Rule Insurance Company
Gold Standard Multimedia
Gulf Coast Jewish Family Services, Inc.
Gulfstream Park Racing Association, Inc.
Health Insurance Association of America, Inc.
Healthplan Southeast, Inc.
Infinity Software Development, Inc.
Information Systems of Florida, Inc.
Innovative Technologies in Education, Inc.
Kenexa
Larkin Community Hospital
Larry J. Overton and Associates, Inc
Lee County Electric Cooperative, Inc.
Liberty Healthcare Corporation
McDonald's Corporation
Merrill Lynch Investment Managers, L.P.
Merrill Lynch, Pierce, Fenner & Smith, Inc.
National Association of Industrial & Office Properties
New York Life Insurance Company
Palmer Chiropractic University System
Parkway Maintenance & Management Company
Pembroke Managing Agents, Inc.
Professional Staffing-AB.T.S., Inc.
Progressive Insurance Company
ProNationallnsurance Company
Real Property, Probate & Trust Law Section
Recreation Vehicle Industry Association
Schering-Plough External Affairs, Inc.
State Farm Insurance Companies
Stewart-Marchman Center
Tampa Bay Water
Tampa General Healthcare
The Nature Conservancy
Thompson-Montgomery Capital Corporation
Time Warner Telecom
Tri-Am RV Center, Inc.
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Universal Studios Florida
Unisource Administrators
USA Education, Inc.
USF Foundation
Vanguard Fire & Casualty
Vector Group, Ltd.
Volusia County
Walton County Board of County Commissioners
28
III. WORK PLAN
A. SCOPE OF SERVICES
. ABILITY TO MAINTAIN A TALLAHASSEE PRESENCE ON BEHALF OF THE CITY
Located in Tallahassee within a block from the Capitol and within 15 minutes from most state
agencies, the Firm offers a powerful combination of talent and experience with a proven track
record before the Legislature, executive and regulatory branches of government. The Firm
has previously and would continue to provide and maintain a consistent and reliable
Tallahassee presence on behalf ofthe City of Clearwater. The Firm has fully staffed offices
in Tallahassee within close proximity to the Capitol and which may be utilized by the City and
its designated representatives. The Firm also has an established presence in Tampa with
four lawyers located in that office. The Firm's office locations and addresses are as follows:
TALLAHASSEE OFFICE:
PENNINGTON, MOORE, WILKINSON, BELL & DUNBAR, P.A.
Post Office Box 10095 (32302)
215 South Monroe Street, 2nd Floor
Tallahassee, Florida 32301
(850) 222-3533
(850) 222-2126 (facsimile)
e-mail address: email@penningtonlawfirm.com
TAMPA OFFICE:
PENNINGTON, MOORE, WILKINSON, BELL & DUNBAR, P.A.
2701 North Rocky Point Drive
Suite 930
Tampa, Florida 33607
(813) 639-9599
(813) 639-1488 (facsimile)
ORLANDO CONSULTANT:
James E. Harris, Jr.
614 Strihal Loop
Winter Garden, FL 34787
(407) 353-5958
(407) 905-7887 (facsimile)
29
. ABILITY TO PROVIDE TIMELY ADVICE AND INFORMATION TO THE CITY OF
CLEARWATER
The Firm's approach to providing legislative consulting services is designed to provide open,
continuous and timely communications to ensure that the client is apprised of all legislative
and agency developments that would have a direct impact on the client or that would be of
related interest to the client.
The Firm seeks to serve the needs and interests of its clients by providing prompt, efficient,
timely and competent legal and consulting services. The Pennington Firm is organized into
practice groups and employs a "team approach" under which partners, associates, law clerks
and staff coordinate to deliver quality legal representation in a cost-efficient manner.
The Firm's ability to develop and implement successful strategies is incorporated within an
extensive program of continuing client services including:
.
Strategic governmental relations program development and planning;
.
Lobbying and advocacy before administrative agencies;
.
Proactive issue identification and management;
.
Timely assessment of information which may affect the City;
.
Legislative monitoring and lobbying;
.
Regulatory agency representation;
Assessment of budgetary and regulatory issues;
· Regular updates on City-related issues;
. Administrative branch representation; and
· Issue analysis.
The Firm has been fortunate to representthe City of Clearwater overthe lastfive years. The
experience and familiarity with the City. its personnel and its issues gained from that
experience will allow the Firm to avoid a slow start-up of representation and will allow us to be
more effective advocates from the start.
30
THE CAPABILITY TO REVIEW PENDING OR PROPOSED REGULATIONS AND LAWS
AT THE STATE LEVEL TO IDENTIFY IMPACTS ON THE CITY
The Firm's advanced research capabilities include utilization of the latest legislative and legal
information and research technologies which are applied to track City-related issues and
identify emerging trends and opportunities which might affect and/or interest the City of
Clearwater. These include online access to legislative information via Capitol Audio Access,
The Florida Legis Network Service, Online Sunshine and the Internet.
The Firm subscribes to the Legis Legislative tracking system. This system allows the Firm
to set up accounts for each client and track electronically the movement of legislation through
the process. Further, the system can be programmed to e-mail the Firm's lobbyists anytime
important legislation is acted upon on the Chamber Floor without prior notice. The system
provides the Firm access to all legislation, summaries of legislation, and analysis of same.
It can scan all legislation for amendments to statutes that impact a clients operations and notify
the Firm of such activity.
. THE CAPABILITY TO COMMUNICATE EFFECTIVELY WITH THE CITY OF
CLEARWATER CONCERNING ITS NEEDS AND INTERESTS
Key to effective representation will be the establishment of clear lines of communication
between the client and the Firm, ensuring proper information flow, timely authorization to
pursue identified opportunities and clearly defined goals. To maximize resources and ensure
that the lobbying team is sensitive to and appropriately represents the City of Clearwater's
needs, the Firm will submit regularweeklyverbal and written reports to the client's designated
lobbying contact person(s) during the legislative session including weekly conference and
strategy calls during session and regular monthly reports thereafter. The Firm will represent
the City's interest before the Legislature, the Governor's Office, and governmental and state
agencies, emphasizing priority issues as established in the City's legislative program.
Through the budget development process, the Firm will keep local legislative delegation
members and committee members apprised of the source of funds, specific appropriation
goals and feasibility of earmarking revenues for intended use.
During the legislative session, we will be available on a 24-hour, 7 -day per week basis to
respond to any calls or pages from the City of Clearwater Commission or designated City of
Clearwater staff. We will also advise the City of Clearwater during the remainder of the year
to any issues, meetings, hearings, or legislative and administrative procedures of relevance
to the City of Clearwater. Our entire team will devote as many hours as necessary to achieve
the legislative goals of the City of Clearwater.
31
We will identify and notify the appropriate City of Clearwater personnel in advance of
opportunities related to grants and funding availability for transportation, community and
economic development, environmental matters, infrastructure improvement, hurricane
recovery efforts, housing and urban development, homeless programs, intermodal programs
and any areas that may be of interest to the City of Clearwater. The Firm will work with City
Department heads and staff spearhead efforts to seek demonstration grant opportunities for
funding Clearwater priorities.
The Firm will provide regular reports to The City of Clearwater concerning state legislation,
rules, policy and program directions during the legislative session and additional reports
during the remainder of the year. The Firm will be prepared to submit an annual report of
accomplishments concerning our responsibilities. We will be available to confer with The City
of Clearwater Commission and any other City of Clearwater personnel on an as-needed basis
regarding strategic organizational planning and program activities, which have a bearing on
the ability of The City of Clearwater to make the best use of state programs. We will keep in
close contact with the Legislative Delegation and assist the Delegation on any matter which
The City of Clearwater determines to be in its best interest. We will also work closely to assist
The City of Clearwater in obtaining state permits and grants as well as helping to identify grant
opportunities. Our team will assist The City of Clearwater in the review of state executive
proposals, legislation under consideration, proposed and adopted administrative rules and
regulations, and other state developments forthe purpose of advising The City of Clearwater
of those items which may have a significant bearing on the City of Clearwater policies, funding
and programs. Ourteam is prepared to consult with The City of Clearwater regarding any
proposed formula changes in the state funding or other major state programs to determine
their impact on The City of Clearwater, and take the necessary steps as mutually agreed upon
to bring changes in the best in interest of The City of Clearwater.
The Firm will assist in implementing The City of Clearwater's state legislative agenda, assist
in writing, interpreting and monitoring legislation and regulations, assist in drafting legislation,
amendments, report language, position papers and testimony. We will obtain at any time
documentation and research materials that The City of Clearwater requests and also forward
to The City of Clearwater any and all reports requested.
The Firm will advise the City on the timing target and suggested content in writing letters of
support or opposition on pending legislation or policy issues.
. TASKS AND ACTIVITIES ON BEHALF OF THE CITY OF CLEARWATER
Pete Dunbar, Martha Edenfield, and Marc Dunbar will serve as the principal lobbyists
responsible for the coordination and implementation of the effort and are committed to devote
as many hours as necessary to achieve the desired goals of The City of Clearwater. One or
more team members will be available to travel to Clearwater as directed.
32
Our team approach in representing The City of Clearwater in Tallahassee will begin by
working closely with The City of Clearwater Commission and any other designated City of
Clearwater individuals in identifying and prioritizing the legislative goals of The City of
Clearwater. We believe in taking a proactive approach with our governmental clients. This
would include working with The City of Clearwater and its various Departments as well as the
Florida League of Cities to define and refine goals, whether they involve substantive law
changes or an issue related to a grant or specific appropriation. We often find it useful to hold
workshops with both staff and elected officials in setting the agenda. Since we work the
process 365 days a year, we know what areas the Legislative and Executive branches will
treat as priorities, which will often necessitate adjustments in what The City of Clearwater
might seek from the process. We believe that it is important to understand all the needs of our
client, which may require us to change our strategy in the middle of the session, leading to
additional successes.
. THE ABILITY TO IDENTIFY OPPORTUNITIES FOR THE CLIENT
Proper planning ensures effective execution of political and governmental strategies aimed
at achieving goals and objectives forthe 2003 Legislative Session and any special sessions
and interim committee meetings. The Firm approaches strategic planning through a careful
assessment of client priorities and issues and extensive briefing update sessions with client
policy coordinators. Of prime importance to effective legislative and state agency
representation is a clear statement of client goals and priorities. A thorough assessment of
issues requires an examination not only of substantive factors, but also of more indirect issues
which will impact the legislative program. Issues considered by the State Legislature are
rarely looked at in a vacuum as political, financial, and otherfactors all playa part in impacting
the progress of legislation. In order to be successful in the legislative and state agency
arenas, strategies must be developed which takes these factors into consideration and which
enlist the support of key allies such as the Florida League of Cities and other related
stakeholder groups who have staff resources and legislative contacts which can reinforce a
particular position at critical points in the process. The Firm will advise The City of Clearwater
of pending legislation or regulations which may impact its projects and activities.
Our Firm believes that a good lobbyist must create a proactive atmosphere for the cI ient. The
Firm's experience creating a state spring training funding program on behalf of the City of
Clearwater is a good example of creating a proactive atmosphere. In analyzing the
Governor's vetoes of the initial spring training funding, the Pennington Firm created a strategy
for client success in the next session. Researching various tax incentive/credit programs, the
Pennington team found an untapped source of tax credits and drafted a new statewide
program to use these tax credits forthe benefit of Clearwater. The Pennington team worked
with affiliated spring training venue in the passage of the legislation, but always made sure the
ranking criteria would have Clearwater safely in the funding allocation. The program was a
success, passing the Legislature unanimously and being signed by the Governor, and was the
cornerstone of continuing Clearwater's spring training tradition. As anotherexample, in 2001,
33
the Firm was successful in passing legislation which granted a statutory 35-yearsubmerged
land lease to the City of Daytona Beach at nominal cost forthe lands underlying the historic
pier. In 2002, we assisted the City of Daytona Beach in its application forfunding before the
Florida Communities Trust Board and were awarded a $10 million grant ($6 million state
match) for development of the pier and boardwalk public space.
. ABILITY TO EFFECTIVELY COMMUNICATE CITY COMMISSION POLICY POSITIONS
The Firm has a thorough understanding of the legislative, regulatory, and administrative
process. With vast experience in legal and governmental representation, the Firm has the
knowledge and experience to provide the client with effective legislative representation. The
Firm's network of contacts within the Legislature and departments and agencies of the state
also can provide critical, time-sensitive governmental information that will assistthe client in
making informed decisions relating to the legislative and regulatory process. Additionally, the
Firm's principals have been based in Tallahassee for many years and posses a keen
understanding of the dynamics and intricacies of state and local government.
The members ofthis Firm regularly monitor and attend state legislative committee meetings,
state agency hearings and meetings during and prior (interim) to the regular legislative
session. It is our intent to work closely with the City of Clearwater Commission staff and the
Legislative Delegation in developing special or general legislation in keeping with or
supportive ofthe City of Clearwater's adopted legislative program. The Firm is experienced
and prepared to testify and lobby before the Legislature orthe Governor and Cabinet at any
time during the year when necessary to articulate The City of Clearwater's position on any
issue.
We will also be available to appear before any state agency hearings, rule-making
proceedings and other administrative or legislative meetings when necessary, advocating
passage or defeat of legislation affecting The City of Clearwater and its citizens. This office
will coordinate appointments/meetings between The City of Clearwater Commission and
other City of Clearwater staff with appropriate state officials and legislators and assist in the
coordination of appearances by the City of Clearwater Commission members and personnel
before legislative committees and state administrative agencies.
The Pennington Firm has the management capacity and systems for coordinating these
services. Our Firm clearly possesses the requisite experience, expertise and ability to
perform the described services.
The Firm is able to effectively representthe City's interests before the Florida Legislature and
the Florida Cabinet, as well as a multitude of administrative agencies. The Firm has handled
administrative matters before most of the agencies of the Executive Branch, including the
Office of the Governor, Departments of Insurance, Revenue, Banking and Finance,
Transportation. General Services, Business and Professional Regulation, Elder Affairs,
34
1-
Environmental Protection, Fish and Wildlife Commission, the Public Service Commission, the
Agency for Health Care Administration, the Department of Community Affairs, Department
of State, Department of Agriculture and Consumer Affairs, Department of Health, Department
of Education, Department of Legal Affairs and the Department of Management Services.
The Firm's professionals have many years of expertise in developing and implementing
successful government and issue management strategies for a diverse roster of public and
private sector clients which include Florida Power & Light, Tampa Bay Water, Associated
Industries of Florida, Time Warner Telecom, Florida Conservation Association and The
Nature Conservancy, to name a few.
Collectively, this Firm has more than 100 years of combined service. As evidenced by the
enclosed biographies and resumes, we have all spent an extensive amount of our
professional careers in government. As indicated, we have existing relationships with
leadership of both the Democrat and Republican parties in the Senate and the House,
especially the leadership. We also enjoy a strong relationship with Governor Jeb Bush who
we supported from the inception of his campaign. We also supported many of the newly
elected members of the Florida Legislature and continue to support candidates who are the
front-runners and are expected to be elected this November. We will continue to build and
solidify these relationships.
· THE ABILITY TO COMPLY WITH ALL REGISTRATION REPORTING AND
EXPENDITURES REQUIREMENTS
The Firm will be responsible forthe filing of all required reporting and lobbyist registrations.
The Firm continuously monitors all changes or new requirements for lobbying reporting and
expenditures to assure compliance with all requirements.
· THE CAPABILITY TO PROVIDE CONSISTENT AND CONTINUOUS RELATIONS WITH
THE LOCAL DELEGATION
Maintaining ongoing relations with area legislators optimizes effectiveness for the City of
Clearwater. During the previous five years, the Clearwater team has been able to do this
consistently and ourabilityto do so is facilitated by the longstanding relationship to the area
of Team member Pete Dunbar and his prior service in the Legislature as a representative of
the area.
Further, the Firm utilizes its Tampa office as a "home base" for serving its Bay area clients
and for maintaining contacts with local officials. For example, the Firm has hosted campaign
fundraisers for Bay Area Legislative Candidates at its Tampa Office.
35
· CURRENT WORKLOAD, DEPTH OF PROFESSIONAL TALENT AND STAFF
QUAL/FICA TIONS
While the Firm represents numerous governmental entities and private concerns, each of
these representations vary in their scope and complexity. By utilizing a "team approach" to
lobbying, the Firm ensures that each and every project undertaken on behalf of the client
receives the requisite time, resources and management attention. Our current workload,
although heavy, still allows both firms to take on a few select clients. We would not apply or
seek work that we could not complete, aggressively and successfully advocate.
Further, the involvement of the Firm in the legislative process creates a type of "synergy"
increasing team's effectiveness, and thus the client's presence in the process.
Two members of the annual Clearwater team also represent other Bay area public bodies,
Pinellas County and Tampa BayWaterwhich extends and enhances the working relationship
with area legislators who represent the City but do not leave within the City's boundaries.
36
B. CLEARWATER LOBBY TEAM'S QUALIFICATIONS, CREDENTIALS AND
RELEVANT EXPERIENCE
PETER M. DUNBAR. Mr. Dunbar is a graduate of Florida State University (B.A., 1969) and
the FSU College of Law (J.D., 1972 with honors). Mr. Dunbarserved as the General Counsel
and Director of Legislative Affairs under Governor Bob Martinez and as the Chief of Staff
during the transition period from Martinez' administration to the administration of Governor
Chiles. From 1978 until 1988, prior to his service in the Governor's Office, Mr. Dunbar
represented Pinellas and Pasco Counties in the Florida House of Representatives. While in
the Legislature, Mr. Dunbar served with incoming Senate PresidentJim King (R-Jacksonville)
for four years and with Senate Candidate Dennis Jones (R-Seminole) for twelve years. Mr.
Dunbarjoined the Pennington, Moore, Wilkinson, Bell & Dunbarfirm in 1991 after leaving the
Governor's Office and his practice now concentrates on matters of administrative,
telecommunications and governmental law. Mr. Dunbar currently serves as a member of the
Florida Commission on Ethics, and he previously served as a member and chairman of
NOM Sea Grant Review Panel of the U.S. Department of Commerce, a member of the
Florida Judicial Council, a board member of the Collins Centerfor Public Policy, the interim
general counsel of the West Coast Regional Water Supply Authority and as the Pasco County
Attorney. Mr. Dunbarspeaks annually to Leadership Pinellas classes regarding the lobbying
profession and also teaches an annual Florida Barcourse on ethical and professional aspects
of lobbying. He has participated in the orientation of new members of the Legislature in every
term since leaving the House of Representatives and also provided orientation for the last
three Speakers ofthe House. Mr. Dunbar is the author offour books on Florida housing laws
(Condominium Association Practice and Procedure in Florida; The Condominium Concept;
The Law of Florida Homeowners' Associations; and The Homeowners Association Manual)
and he holds an A V rating from the Martindale Hubbell Law Directory. Mr. Dunbar has been
lobbying on behalf of public or private sector clients since 1988. Mr. Dunbar has represented
the City of Clearwater and has been the lead team lobbyist since 1997.
MARTHA J. EDENFIELD. Ms. Edenfield received her undergraduate degree from the
Florida State University in 1981 with a major in finance and her Juris Doctorate in 1984 from
the Florida State University College of Law. Prior to completion of law school, Ms. Edenfield
worked as a law clerk in the General Counsel's Office of the Florida Department of
Transportation. Since entering the private practice of law in Tallahassee in 1984, Ms.
Edenfield has gained a wide variety of experience representing clients before the Florida
Legislature, the Governor, the Cabinet, and state agencies, having served as Legal and
Governmental Counsel for agriculture trade groups, industrial associations, medical doctors
and local governments.
37
In 1995, Ms. Edenfield was appointed to the Governor's Administrative Procedure Act Review
Commission by Governor Lawton Chiles, which provided guidanceto the Legislature forthe
1996 rewrite of the Florida Administrative Procedure Act. Ms. Edenfield also served on the
Florida Consumers Council, appointed by Florida Agriculture Commissioner Bob Crawford.
Ms. Edenfield is a member of the Florida Bar, the Environmental and Land Use Law,
Administrative Law, Real Property, Probate and Trust Law, and Governmental Lawyers
sections of the Florida Bar. Ms. Edenfield frequently writes articles for statewide business
publications on environmental and administrative law issues. Ms. Edenfield is the author of
"Attorneys' Fees and Costs" for the Florida Bar Journal published in March 1997. Ms.
Edenfield is a past president and current member of Tallahassee Women Lawyers, a
member of the Florida Association for Women Lawyers and the Tallahassee Bar Association.
In the community, Ms. Edenfield is the past chair of Keep Tallahassee-Leon County Beautiful
and is a member of Leadership Tallahassee. Ms. Edenfield is also a sustaining member of
the Junior League of Tallahassee and a graduate of Leadership Tallahassee. Ms. Edenfield
has received an A V rating from the Martindale Hubbell Law Directory.
Ms. Edenfield has represented public sector and private sector clients before the Florida
Legislature since 1986 and before Executive Agencies, including the Florida Governor and
Cabinet since 1984. She jointed the Pennington Team in 1996 and has been on the City of
Clearwater Government Affairs Team since 1997.
MARC W. DUNBAR. Mr. Dunbar is a cum laude graduate of Florida State University (B.A.,
1991) and Florida State University College of Law (J.D., 1994). Mr. Dunbar served as the
Assistant General Counsel and Communications Directorforthe Florida Department of State
from 1995 to 1997. During his tenure with the Department, he was recognized by Florida Tax
Watch with a Davis Productivity Award which honors state employees for exemplary service
to Florida's taxpayers. Mr. Dunbar, who began his legal career with the Pennington lawfirm,
rejoined the firm in January of 1998. He is the past legislative chairman and executive council
member of the Entertainment, Arts, and Sports Law section of the Florida Bar and served on
a legislative task force which rewrote Florida's athlete agent laws. Mr. Dunbar has
represented a numberof professional athletes and is certified by the Major League Baseball
Players Association as a player representative. Mr. Dunbar currently practices before the
Florida Public Service Commission and has published articles on Telecommunications law.
Mr. Dunbar is licensed to practice law in Florida and before the Northern and Middle Federal
District Courts. His area of practice now concentrates on administrative and governmental
law.
Mr. Dunbar has represented public and private sector interests before the legislative and
executive branches of Florida government and has been on the City of Clearwater Team since
rejoining the Firm in 1998.
38
Each and every one ofthe Firm's 33 lawyers and consultants are available to the government
relations team as needed for legal expertise in substantive areas of the law, such as tax, real
estate, insurance, environmental law, and health care finance. Additionally, the Firm has a
staff of 61aw clerks, 3 paralegals, 16 administrative assistants and 5 runners which function
as a team to perform services on behalf of the client.
Using a true team approach for clients, the Firm gives each client 100% coverage for its
issues. Due to simultaneous scheduling of House and Senate committee hearings, it is
impossible for one lobbyist to effectively cover all of the issues and meetings that relate to the
client's issues. The Firm effectively uses its depth of professional talent to ensure that nothing
"falls through the cracks".
Further, as members of the Florida Bar, the members ofthe Firm are held tothe Florida Bar's
ethical and legal standards, including client confidentiality and malpractice standards, and are
subject to Bar sanctions and discipline up to and including disbarment should we violate our
oath to perform as officers of the Court.
There are eight lawyers and consultants in addition to the above listed Clearwater Team
members who concentrate on governmental, legislative and regulatory practice areas. The
following are brief resumes of these professionals:
1. R.Z. "Sandy" Safley served ten years in the Florida House of Representatives
representing Pinellas County and as Chairman ofthe Pinellas County Legislative Delegation.
His government service includes Executive Assistant to the Lieutenant Governor and Vice-
Chairman of the Florida Marine Fisheries Commission. Sandy served on three Pinellas
County charter review commissions and is a former member of the Pinellas County Sports
Authority. Sandy grew up in Pinellas County and maintained a Pinellas County residence for
50 years. He currently serves as a special consultant on the Governmental Affairs Section of
the Firm and specializes in cabinet and executive department affairs.
2. James Harris has been a governmental relations consultant since 1996. He has
played an active role in statewide political campaigns as head of the "Get Out The Vote"
initiative in the African-American community and served as the State Field Coordinatorfor
Friends of U.S. Senator Bob Graham and as the Deputy Campaign Manager for the U.S.
Senate campaign of Bill Nelson. James has a background in financial management and is
a former captain of the FSU Football Team. James joined the Firm as a special consultant
in 2001.
39
3. Mark Delegal practices administrative law, regulatory law, and governmental!
legislative law, providing effective representation to insurers and health care providers,
including hospitals and health care systems. He is the former General Counsel and Plan
Managerforthe Florida HMO guaranty fund, known as the Florida HMO Consumer Assistance
Plan. Mark practiced law with the Taylor, Day & Rio firm until December, 1997, when he
joined the Pennington Law Firm.
4. Sam Bell served fourteen years in the Florida House representing Volusia County
and was Majority Leader, Rules Chairman and Appropriations Chairman. He was the
Managing Partner of Cobb, Cole & Bell and a member of that firm since 1964 until January
of 1998 when he joined the Firm.
5. Kevin Crowley is the former General Counsel of the Florida House of
Representatives following a successful tenure as General Counsel of the Florida Department
of Natural Resources. In private practice since 1988, he represents a wide array of business
interests before the Florida Legislature, its administrative agencies and the judicial system.
6. Doug Bell received his Bachelor of Arts degree from the Florida State University
in 1991 and his Juris Doctor degree from Nova Southeastern University Law School in 1995.
Mr. Bell's practice concentrates primarily on real property, estate planning, and governmental
matters for the Firm.
7. Karen Camechis joined the firm August 1999 after serving as Senior Attorney for
the Real Property and Probate Committee of the Florida House of Representatives, Assistant
Director of the Division of Securities in the Florida Department of Banking and Finance,
Assistant General Counsel of the Department of Banking and Finance, and Senior Legislative
Aide in the Florida Senate. She has extensive experience in Florida's legislative process and
has actively worked in the process for more than ten legislative sessions. Her practice now
concentrates on governmental affairs and administrative law.
8. Meredith Woodrum Snowden joined the firm in January 2002, after serving as
Legislative Analystto the Committee on Insurance ofthe Florida House of Representatives.
As part of her 1 0 year tenure with the Florida House of Representatives, Meredith also served
as staff to the Committee on Financial Services, Committee on Utilities and Communications,
Committee on Judiciary, and the Clerk's Office. Meredith has an extensive background in all
aspects of the legislative process. She serves as a Special Consultant on the firm's
Governmental Affairs Section. specializing in matters before the legislative and executive
branches of Florida government.
40
c. RESPONDENT'S MEMBERSHIP AND PARTICIPATION IN PROFESSIONAL
ASSOCIATIONS
The Law Firm of Pennington, Moore, Wilkinson, Bell & Dunbar, P.A. is a member of Meritas
Law Firms Worldwide, formerly known as Commercial Law Affiliates.
Meritas is a worldwide alliance dedicated to providing clients access to sophisticated legal
advice and exceptional service around the globe. Meritas clients range from small, family-
owned businesses to multinational, publicly held corporations and public entities.
Each of Meritas' over 200 independent member firms is held accountable to rigorous
membership selection requirements and ongoing monitoring of service standards. In order
to maintain their membership, firms must:
· Adhere to a specific set of service standards, such as responding to all client
communications with 24 hours;
· Demonstrate a record of consistent client satisfaction;
· Comply with a stringent code of ethics that often exceeds local professional
guidelines;
· Provide clients with Alternative Dispute Resolution options when appropriate; and
· Undergo a recertification process that requires the firm to be AV-rated in
Martindale Hubbell where available, have a conflict avoidance procedure in place,
maintain a full-service practice mix, carry professional liability coverage where
available, maintain a docket control system and meet Continuing Legal Education
requirements.
Meritas asks firms who cannot maintain these standards to leave the alliance. This allows
clients using Meritas member firms the comfort of knowing their legal work will be handled
reliably and consistently around the world.
The full scope of Meritas' membership requirements and organizational bylaws may be found
at www.c1aonline.org.
The Pennington Firm is also a member of the Tallahassee Chamber of Commerce and
Associated Industries of Florida.
41
Pete Dunbar is a member of the following professional affiliations and organizations:
A. Florida Bar, 1972 to present
1. Member, Real Property, Probate and Trust Law Section
2. Member, Government Lawyers Section
3. Member, Administrative Law Section
B. Community Associations Institute, 1978 to Present
1. Board member and First Vice President, Suncoast Chapter, 1980-1988
2. Member, National Board of Trustees, 1984-85
3. Editorial Advisory Board, Community Living of Florida, 1988-1994
C. Coastal Conservation Association
D. International Game Fish Association
E. Nature Conservancy
F. United States Golf Association
G. Florida History Associates, 1992-1994
Martha Edenfield is a member of the following professional Affiliates and Associations:
A. Florida Bar, 1984 to present
1. Member, Real Property, Probate and Trust Law Section
2. Member, Environmental Law and Land Use Section
3. Member, Government Lawyers Section
4. Member, Administrative Law Section
5. Member, Health Law Section
B. Tallahassee Bar Association, 1986 to present
C. Tallahassee Women Lawyers Association, 1984 to present
1. President - 1992-1993
2. Vice President - 1991-1992
3. Board of Directors - 1989-1991
D. Florida Association of Women Lawyers
E. US District Court, Middle District of Florida
F. Member, Leadership Tallahassee (Class XII, 1994-1995)
G. Sustaining member of the Junior League of Tallahassee
42
Marc Dunbar is a member of the following professional Affiliations and Association
A. Florida Bar, 1994 to present
1. Member, Administrative Law Section
2. Member, Government Law Section
3. Member, Real Property, Probate & Trust Law Section
B. Tallahassee Bar Association, 2001 to present
C. U.S. District Court, Northern and Middle Districts
43
IV. FINANCIAL STATEMENT COST SUMMARY
The Firm proposes the following fees and costs:
Flat Fee for services ..................................... $48,000.00
Costs - reimbursable expenses to be billed with no mark-up
not to exceed 10% of contract amount ....................... $ 4,800.00
Total contract amount .................................... $52,800.00
44
"
V. TOTAL COST TO PERFORM SERVICES AND PROPOSED
TERMS AND SCHEDULE OF PAYMENTS
Flat Fee Structure.
The scope and complexity of the project dictate the required manpower, expertise and
expense necessary to accomplish the desired results. Success in the legislative arena and
in the executive agencies of state government depends on the long-term relationships
developed with public officials and staff. This includes work on campaigns, responsiveness
to research requests, and problem solving generated by elected officials and by staff, and
experience in prior public service.
Providing services for governmental relations are hard to quantify at an hourly rate structure
where the key to success is access. In order to maintain that relationship for the client,
monitoring and lobbying on an hourly basis is unfeasible.
The Firm proposes an annual flat fee for legislative consulting services of $48,000.00, billed
at $4,000.00 per month beginning October 1,2002. Expenses shall not exceed 10% of the
contract amount.
The responsibility of organization and leadership of the lobbying team will fall upon PeterM.
Dunbar, Martha J. Edenfield and Marc W. Dunbar, however, the consultant team will include
all of the resources of the Firm's individual lobbyists.
Reimbursement of expenses shall be made by the City to the Firm for reasonable out-of-
pocket expenses as determined by the City Managerwithout marku p, for long distance calls
and facsimiles, copying or reproducing documents, postage, court costs, parking costs and
travel or other expenses rendered when City officials are visiting in Tallahassee and which are
incurred by the Firm in performance of the duties hereunder. Expenses shall not exceed
$4,800.00
The Firm is not aware of any clients of the Firm that would currently present any direct conflict
between the interest of the City and other clients of Firm, nor does the Firm anticipate any
future issues that would create a conflict. If any potential conflict of interest arises during the
time the Firm is representing the City, the Firm will promptly inform the City in accordance with
the Code of Professional Responsibility and Canons of Ethics of the Florida Bar. In that event,
the Firm and City may at its option shall retain a lobbyist to represent the city on any issue in
conflict and agree upon the appropriate fee for said services, which shall be deducted from
the Firm's fee.
45
It is anticipated that the flat fee would cover legislative activity and executive branch lobbying
relating to all duties and responsibilities as set forth in the RFP #35-02 for state lobbying
services. Any active litigation or special projects outside the scope of this RFP shall be
agreed to in advance and billed hourly at normal customary rates not to exceed $250.00 per
houron a slide scale based on experience of the lawyer working on the project. It should be
noted that the Firm emphasizes the allocation of hourly work so as to perform quality work at
the lowest fee structure possible.
46
ProQuest
~
May 30, 2002
MS. Debbie EdwardS
Brown & Brown IDsurance
220 SOI1th, Ridgewood Avenue
P.O. Box 2412
Daytona Beach. FL 32115
PR.O,QUEST
lHSU.ANCE.
R1SIC MANAGEMENT.
f:OR LAW 'JRMS.
WORtOWIDE.
RE: Pennington, Moore, Wilkinson, BeD. & DUnbar, P.A.
Binder '
POUCYPB1l,10D: June 1, 2002 to June 1, 2003
'Dear Debbie:
BaSed upon the' information'provided, we are pleased to confirm Hartford' s Binder as fonows:
i."
COMPANY:
COVERAGE:
Twin City Fm:: Insurance Company (admit;ted)
Lawyers' Professional liability
$5,000,000 each claim and in the aggregate excess of a $.~.OOO
each and every claim dedUC1J.ble.
LIMIT:
POllCY PERIOD:
June I, 2002 to June I, 2003
POllCY NUMBER:
NPF0209932
.... """
Policy(ic:s) or eodorsement(s) will be delivered to you as soon as possible after issuaDce. This Insunmce
~ny provides the type(s:) of iDsunmce coven.. sripnJAtNf Thkin.mTAnr.r. ;lIAJ1hjl'd tn tnft IP.rnK,.
c:onditious, and linritations of the policy(teS) in current use by the Company. This biDder is a SWDmaJ:y of the
coverage's provided. Please refer to the actual policy form for all terms" conditions and exclusiODs. "
it you should have any questions please do not hesitate to contact me at 312-930-1472. ,Thank;;you
again tortha buslnessl
Sincerely,
.
Craig W.Howset
Client Director
EXHIBIT
I
~