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STATE LOBBYING SERVICES AGREEMENT (3)STATE LOBBYING SERVICES AGREEMENT THIS AGREEMENT is made an the � day of �8 b�r, 2012 by and between the �ITY OF CLEARWATER, FLORIDA, P.O. Box 4748, Clearwater, Florida 33758, (the "City"} and the Law Firm of PENNINGTON, MOORE, WfLKIN50N, BELL & DUNBAR, P.A., P. 0. Box 10095, Tallahassee, Fiorida 32302 ("Cansultant"). W' ITNESSETH: WHEREAS, City issued a Request for Qualifications from Consultant to provide State Lobbying Serviees, attached as Exhibit A; and WHEREAS, Consultant agrees to provide State Labbying Services ta the City as described in Consultant's Qualifications Submittal proposal, attached as Exhibit B; NOW, THEREFORE, in consideration of the promises and mutua� covenants herein contained, the parties hereto do hereby agree as follows: SECTIQN 1, AUTHORIZATI(4N TQ PROCE'ED RS CONSULTANT. Consultant is hereby authorized under the terms ar�d eonditions of this Agreement ta provide State Lobbying Servic�s to City as deseribed in Exhibits A and B. The estimated allocation af tirne for said Services is reflected on the Addendum in Exhibit C. SECTION 2. SCOPE OF SERVICES. Consultant shall keep City informed and active in the state {egislatiue process by working with City staff #o advocate the City's position regarding issues before #he state legislature and various state ageneies. Consulfant agrees to organize a lobbying team led by Peter Dunbar �nd Martha Edenfield which shall include all the resaurces of the individual lobbyists of the consultant's frm 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 advaGacy before administrative agencies; C. Proactive issue identificatian and managernent; �. Timely assessment of informatian which may affect the City; E. Legislative monitoring and lobbying; F. Regulatary agency representatian; G. }#ssessment of budgetary and regulatory issues; H. Regular updates on City-related issues; �� I. Administrative Branch representation; and J. Issue Analysis SECTfON 3. LOBBYIMG TEAM. It is understood and agreed between the City and Consultant that the lobbying tearn shall consist of two members and that responsibility for organization and leadership of the lobbying team will fali upon Peter Dunbar and Martha Edenfield but ttie consultant team wil! include all of the resources of the Consultanfs individual lobbyists. The City reserves the right in its absolute discre#ion to cancel this Agreement if either Peter 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, 2012 through September 30, 2017. SECTIC?N' S. PROFESSIONA� FEES FOR SERVICES. The City and Consultant agree to an annua! flat fee for state tobbying services of Forty EigMt Thousand Dallars ($48,000)_ Consultant shall bill City Four Thousand Dollars ($4,000) per month. Special projects befare executive agencies that are not included in the Scope of Services will be agreed to in advance and billed separatefy at an hourly rate not to exceed $250.00 per haur as approved by the City Manager. Expenses shall not exceed 10% of the contract amount per year. SECTION 6. COMPENSABLE EXPENSES. Reimbursement of expenses sf�all be made by #he City to the Firm for reasonabte out-of-pocket expenses as determined by the City Manager without markup, for long distance calfs and facsimiles, copying or reproducing documents, postage, court costs, parking cas#s and travel incurred by Consultan# in performance of the duties hereunder. Travel and per diem cosis as well as automobile travel expenses shall not exceed that which is ayailable to City af Clearwater emplQyees, Expenses shall not exceed $4,800.00 per year. SECTION ?. INDEMNIFICATION AND INSURANCE. Consultant �grees to protect, defend, indemnify and hold the City and its officers, employees and agents free a�d harmless frorn and against any and afl losses, penalties, damages, settlements, costs, charges, professionai 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 aut of this Agreement and/or the performance hereaf. Without limiting its iiability under this Agreemen#, Cansultant shall pracure and maintain during the life a€ this Agreement professional liability insurance in a minimum amaunt of ane million daNars ($1,000,000.00), This provision shall survive fhe termination of this Agreement. 0 SECTION 8. CONFLICT OF lNTEREST. It is understood by the City and Consultant that Consultan# is not aware of any clients of the Firm that currently present any direct confiiet 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 wil! pramptly inform the City. In that event, Consultant and City shall agree upon a lobbyis# to represent the City on any issue in conflict and agree upon the appropriate fee for said services, which shalf be deducted from Consultant fee. With regard to those ctients which the Firrn began representing after the City of Cfearwater's initial representation, all conflicts would be resolved in favor o# the City of Clearwater. SECTION 9. GONSTRUCTION AND AMENDMENTS. This Agreement shall be governed by and canstrued in accordance with the laws of the State of Flo�ida. This Agreernent may be amended only by a writing duly entered into by the City and Consultant. SECTION 10. COMPLIANCE WITH RECYCLED PAPER ORDfNANCE. Consultant agrees to camply with the City's Recycled and Recyclable Products Ordinance Sec. 2.601 which �tates the following: A. All reports submifited to the Ci#y shall use recycled paper when it is available at a reasonable price and of safisfactory quality to meet contractual performance standards. For the purposes of this paragraph, the price of recycled paper shall be considered "reasonable" if its cost is na 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 af paper sheets whenever practical. C. Consulta�t shall be responsible for maintaining records documenting usage vf recycled paper for reports swbmitted to the City in fulfillment of contractual obligatians. Consultant shal( submit such recards to the City accarding to procedures to be established by the Purchasing Manager. SECTION 11. CAtVGELLATION OF AGREEMENT. Either party may cancel this Agreement for any reason upon thirty (30) days advance wriften nQtice to the other party. In the event of cancellation, Cansultant shall immediately cease work hereunder and shal! be reimbursed for �ligible and doeumented reimbursable expenses incurred prior ta the date of cancellation. SECTI(JN 12. ATT(�RNEYS FEES. tn the event that either party seeks to enforce this Agreement through attorneys at law, then the parties agree that each parly shall bear its own costs and that jurisdiction for such an action shall be in a court af eompetent jurisdiction in Pinellas County, Florida. 3 IN WITNESS WHEREOF, the City and Consultant have executed this Ag as of the date first written abo�e. Gountersigned: —G(�Ac�,n (�'Cit�S George N. Cretekos, Mayor Approved as to form: amela K. Akin, City Attorney PENNINGTON, MOORE, WILKINSON, BELL & DUNBAR, P.A. l,c.�. , z�c�uc.�... Peter M. Dunbar, Partner 4 CITY OF CLEARWATER, FLORIDA ��,c�� .ewa� �, ��-t.�.�—�2" William B. Home, II, City Manager � Attest: Rosemarie Catl, 0 ��oF rHfC�� v /%/ � �,�w � �� Exhibit A CITY OF CLEARWATER REQUEST FOR PROPOSAL 40 — 12 FOR STATE LOBBYING SERVICES TO BE OPENED AT 4:00 P.M. September 20, 2012 AT PURCHASING OFFICE MUNICIPAL SERVICES BUILDING 100 SOUTH MYRTLE AVENUE CLEARWATER, FLORIDA 33756 Exhibit A 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, and the Executive branch 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 Council whose members are elected at large. The terms of office are staggered. The City Manager is appointed by the City Council to implement and manage Council policy. 11. 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, FL 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 Council policy positions to the Legislature, the Administration, and state agencies. This will include scheduling meetings for the Mayor, members of the City Council, City Manager or City legislative staff with members of the State Senate, House, 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 Council. The Respondent should be prepared to support these efforts by advising the City of available opportunities. The Exhibit A Respondent may be asked to spearhead efforts to seek grant opportunities made available by state agencies that have applicability to City of Clearwater priorities. E. 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. F. The qualified Respondent shall be able to review and provide advice on development of the City of Clearwater's State Legislative Program. G. 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). H. The qualified Respondent shall provide written status reports on the State Legislative Agenda. III. Calendar of Events A. 8/21/12 Request for Proposal (RFP) Release date B. 9/20/12 RFP Opening no later than 4:00 p.m. at 100 S. Myrtle Ave., Clearwater, FL 33756 C. 9/24/12 Evaluating Committee Review D. 10/8/12 Candidate presentations/interviews with Evaluating Committee (if deemed necessary) E. 10/10/12 Evaluating Committee recommendation of finalists F. 10/17/12 City Council reviews Evaluating Committee recommendation for approval (Agenda Item) G. 10/18/12 Commencement of Services The above schedule may be changed solely at the City's discretion. IV. Minimum Qualifications A. Respondent must demonstrate experience and expertise in the state legislative process or be able to demonstrate equivalent experience. B. Respondent must demonstrate the ability to represent local government clients to the Legislature or be able to demonstrate equivalent experience. C. 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. D. 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. Exhibit A E. Respondent must demonstrate familiarity with State agencies and a record of a successful working relationship with these agencies. 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 2006/07 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 resum6s 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 September 20, 2012. 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: "Request to Provide Lobbying Services at the State Level To the City of Clearwater: To be Opened at 4:00 p.m. E.S.T., September 20, 2012." 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 receipt and opening of the proposals." Exhibit A The Respondent shall submit six (6) hard copies, and one (1) electronic copy of their proposals in their entirety. All proposals shall be prepared and submitted in accordance with the provisions of this RFP. However, the City may waive informalities, irregularities, or variances, whether technical or substantial in nature or reject any and all qualifications at its discretion. Any proposal 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 in writing through the City of Clearwater's Purchasing Manager, Michael Murray at P.O. Box 4748, Clearwater, FL 33758; 100 S. Myrtle Ave., Clearwater, FL 33756; or FAX 727/562-4635; or email at michael.murray@ myclearwater.com. 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 (727/562-4633) to determine if addenda were issued and to make such addenda a part of the proposal. The last date for inquiries is five (5) working days prior to the due date. 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. Exhibit A 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. 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. Public Entity Crimes Pursuant to Florida Statute 287-132-133, effective July 1, 1989, the City of Clearwater, as a public entity, may not accept any proposal from, award any contract to, or transact any business in excess of the threshold amount provided in Section 287.017, F.S., for Category Two (currently $35,000) with any person or affiliate on the convicted vendor list for a period of 36 months from the date that person or affiliate was placed on the convicted vendor list unless that person of affiliate has been removed from the list pursuant to Section 287.133 (3)(f), F.S. If you submit a proposal in response to this request, you are certifying that Florida Statute 287.132 and 287.133 does not restrict your submission. XV. 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. Exhibit A XVI. 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 Council. Thereafter, the City Council 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 reserves 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. Exhibit A EXHIBIT A CITYOF 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 Respondent shall provide the following described insurance, and with insurers acceptable to the City. These insurance requirements shall not limit the liability of the Respondent. The City does not represent these types or amounts of insurance to be sufficient or adequate to protect the Respondent's interests or liabilities, but are merely minimums. The Respondent'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 Respondent is responsible for the amount of any deductible or self- insured retention. INSURANCE OF THE RESPONDENT PRIMARY Insurance required of the Respondent or any other insurance of the Respondent shall be considered primary, and insurance of the City, where applicable, shall be considered only as excess. COMMERCIAL AUTOMOBILE LIABILITY Commercial Automobile Liability insurance for any owned, non-owned, hired or borrowed automobile is required in the minimum amount of $1,000,000. combined single limit. The City of Clearwater shall be named as an additional insured on the policy. PROFESSIONAL LIABILITY, MALPRACTICE AND/OR ERRORS OR OMISSIONS The Respondent shall purchase and maintain professional liability or malpractice or errors or omissions insurance appropriate for the type of business engaged in by Respondent with minimum limits of$500,000 per occurrence. Exhibit A 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. 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 nay 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 Respondent, bidder, or proposer of services and/or products to the City. Exhibit B Presented to: CITY OF CLEARWATER REQUEST FOR PROPOSAL 40-12 FOR STATE LOBBYING SERVICES Presented by: PETER M. DUNBAR Pennington, Moore, Wilkinson, Bell & Dunbar, P.A. Post Office Box 10095 215 South Monroe Street, 2nd Floor (32301) Tallahassee, Florida 32302 Phone - 850-222-3533 Fax - 850-222-2126 Pete @penningtonlaw.com www.penningtonlaw.com September 20, 2012 PENNINGTON LAW FIRM Attorneys at Law Table of Contents A. COMPLIANCE WITH MINIMUM QUALIFICATIONS........................................... 3 1. Experience and Expertise in the State Legislative Process....................... 3 2. Ability to represent local government clients before the Legislature .......... 9 3. Ongoing relationships with members of the Legislature .......................... 15 4. Ongoing relationships with key members and legislative committee staff, executive branch agency and staff ............................... 18 5. Familiarity with state agencies and records of successful working relationships with these agencies ............................................................ 22 B. HISTORY AND BACKGROUND........................................................................25 1. List and description of outcomes of public sector projects and initiatives worked on in the past five years, including key contacts.......... 25 2. Experience with local government(s) in the last five years including keycontacts............................................................................................. 28 3. List of clients for whom similar services were provided............................ 35 4. Detail of how project success was measured .......................................... 36 5. List of team members providing services and their experience with local government ..................................................................................... 39 6. List of Clients for 2011/12........................................................................ 45 C. Work Plan..........................................................................................................48 1. Approach to Scope of Services................................................................ 48 2. Resumes and detailed qualification information on the key personnel who will be assigned to this project.......................................................... 58 3. Firm Membership and Participation in Professional Associations............ 63 D. Financial Statement Cost Summary ............................................................... 65 E. Total Cost to Perform Services ...................................................................... 65 City of Clearwater RFP 40-12 www.penningtonlaw.com 2 PENNINGTON LAW FIRM Attorneys at Law A. COMPLIANCE WITH MINIMUM QUALIFICATIONS 1. Experience and Expertise in the State Legislative Process Overview For more than forty years, the law firm of Pennington, Moore, Wilkinson, Bell & Dunbar has provided high-quality, effective legal services and government relations representation to businesses and organizations throughout Florida. Based at the center of Florida government in Tallahassee, the Pennington Firm is a full- service, independent law practice. Pennington has the depth of talent, experience and resources to provide solutions to the most complex legal issues. Yet, the Pennington firm's lawyers and consultants provide clients with the accessibility and responsiveness usually associated with smaller firms. Pennington has an "AV" rating in the national Martindale-Hubbell Legal Directory — the highest rating possible based on a firm's professional qualifications and ethics. The Pennington Firm is a member of State Law Resources, a national network of independent law firms — one from each state and three from the District of Columbia - selected for their experience in administrative, regulatory and government relations at the state and federal level. At the Pennington Firm, you will not just get an attorney or a special consultant — you will get a team. Pennington is organized into practice groups and uses teams of attorneys, special consultants, paralegals and support staff to coordinate outstanding legal representation. While the Firm's mission is to provide high-quality legal and professional services, we insist that those services be delivered to clients in a prompt, efficient, cost-effective way. That same dedication to excellence and efficiency is in full force when the Pennington Firm represents clients before the Florida Legislature, Cabinet, and state and local government agencies. We have a depth of legislative and regulatory experience that only a firm rooted in Tallahassee for the past four decades can offer its clients. Our attorneys and special consultants — many of whom served as state legislators, general counsels and senior legislative staff- are able to effectively influence government policy through strategic legislative representation. City of Clearwater RFP 40-12 www.penningtonlaw.com 3 PENNINGTON LAW FIRM Attorneys at Law From our broad legal expertise to our continual consideration of client needs, our full- service practice is devoted to providing the best possible legal and government representation to businesses and organizations throughout the state and nation. No matter what the issue, you can rely on Pennington, Moore, Wilkinson, Bell & Dunbar to provide sound expertise and superior service. Pennington'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. Governmental and Legislative Affairs The Pennington Law Firm offers the City of Clearwater unparalleled depth, experience and resources to make its Legislative Agenda a success. Anchored by 2 former members of the Legislature, Pennington has over 200 years of combined legislative experience and places 10 full-time lobbyists in the Capitol each legislative session. These lobbyists include former executive agency staff, former legislative staff members, a former Chief of Staff and General Counsel to a Republican Governor, a former senior staff member of the Department of State, a former Cabinet Aide to the Attorney General, and a former General Counsel to the Department of Financial Services. Pennington operates on a team approach for all of its clients with anywhere from 2 to 10 lobbyists being staffed for each client's needs. To assist the City, Pennington offers its full complement of lobbyists and their contacts to perform the work plan and scope of services contemplated by the City. It is expected that the team leaders will be Peter M. Dunbar and Martha J. Edenfield. Pennington has a thorough understanding of the legislative, regulatory, and administrative processes in the State of Florida garnered through decades of extensive governmental experience obtained as elected officials, governmental staff and governmental consultants. The experience of Pennington transcends party affiliation, age, gender and race. Pennington's relationships and successes arising from those relationships with key members of the Executive Branch and the Legislature were developed over three decades of public service and private sector advocacy. Pennington has been involved on behalf of clients in almost every major piece of legislation considered by the House and Senate in recent years. City of Clearwater RFP 40-12 www.penningtonlaw.com 4 PENNINGTON LAW FIRM Attorneys at Law Pennington has vast experience in the areas of interest and within the scope of services as contemplated by the City in this RFP and is committed to perform and complete the tasks as required. Pennington has represented local governments and municipalities in garnering hundreds of millions of dollars in appropriations for local programs and initiatives. Further, Pennington has drafted and passed numbers of substantive pieces of legislation for its local government clients. In representing the City of Clearwater in the state legislative process, Pennington will use its wealth of experience to assist with the initial development of and any necessary modifications to the City's Legislative Agenda to ensure success this year and in years to come. Growth Management and Land Use The Pennington Firm is involved with the growth management legislation whenever it arises. Pennington assists its local government clients, the Real Property Section of the Florida Bar, the Florida Realtors Association, the National Association of Industrial and Office Properties and others with various growth management issues. Pennington has extensive experience in supporting the funding of affordable housing programs. With regard to land use law, Pennington has provided comprehensive revisions of the local government Land Development Codes. Pennington regularly provides legal advice to the regional planning councils on land use matters, Local Government Comprehensive Plan adoption and amendment, DRIs, and changes in the state's growth management laws Appropriations/Revenue Sharing/Protection of City Revenue Pennington has assisted local governments in obtaining millions of dollars in appropriations from the state. Pennington has worked on Revenue Maximization initiatives to assist local governments in leveraging resources with the state to obtain greater benefits from the use of the funds. Transportation Issues and Funding Pennington was successful in obtaining a letter of commitment on behalf of Miami-Dade County to obtain hundreds of millions of dollars from the Florida Department of Transportation regarding Metro Rail, and Pennington has successfully obtained numerous line item appropriations for various road projects. Pennington previously assisted the City of Clearwater in a substantive transportation code change, which City of Clearwater RFP 40-12 www.penningtonlaw.com 5 PENNINGTON LAW FIRM Attorneys at Law resulted in a state, local and federal partnership to fund the Memorial Causeway. Pennington successfully authored and assisted in passage of legislation creating Port Citrus for purposes of receiving funds for feasibility studies. Pennington has assisted in the development of the Guiding Principles for Transit Oriented Development for a regional transit authority. Environmental Issues Pennington Firm members engage in the practice of environmental permitting and in practice before the Department of Environmental Protection. Pennington has also been involved in legislation on solid waste, environmental regulation permits, and water supply and development. Members of the Pennington Firm recently worked closely with the Department of Environmental Regulation to help draft a local bill on behalf of the City of Clearwater to address and update the regulation of submerged lands owned by the City. Water and Sewer Issues Pennington was instrumental in the creation of Tampa Bay Water transfer act of the legislature and in negotiation of the partnership agreement with the SWFWMD. Pennington Firm members are in every water resource and reservation related meeting on behalf of our client, Tampa Bay Water. Pennington is also at the table in all significant negotiation meetings dealing with these issues. The Pennington Firm has successfully obtained state funding through line item and water management district grants for dozens of flood mitigation projects over the last 30 years. Community Redevelopment including CRA Issues Pennington closely monitors and works on community development issues on behalf of its local government clients and facilitates communications and updates to the local delegation regarding issues that may arise relating to community redevelopment powers. Empowerment and Enterprise Zones/Economic Development The Pennington Firm has significant experience with a wide variety of economic development issues including the following: represented Gulf Coast Jewish Family Services for a number of years and successfully helped it secure state appropriations through the Agency for Work Force Innovation for non-custodial parent work programs; City of Clearwater RFP 40-12 www.penningtonlaw.com 6 PENNINGTON LAW FIRM Attorneys at Law created and expanded enterprise zones for Clearwater and South Daytona; created and expanded Brownfield zones for Clearwater and Universal Studios Florida; and drafted and facilitated passage of Baseball Spring Training legislation. Pennington has experience working on Qualified Target Industry program issues and has experience in the creation and expansion of enterprise zones. Real Property Issues/Eminent Domain/Homestead Exemption Issues In its representation of the Real Property, Probate and Trust Law Section of the Florida Bar, Pennington has an extensive knowledge of real property issues, including condominium and home owner association law, homestead exemption issues and issues related to mortgage foreclosure. Pennington previously worked closely with the House Select Committee on Private Property Rights and with the Joint Select Committee on Property Taxes. In addition, the Pennington Firm has overseen the acquisition of over 200 parcels for permanent pipeline easements, and an approximately equal number of temporary construction easements, for the development of Tampa Bay Water's master water plan. Telecommunication Matters/e-commerce Pennington has represented clients before the Florida Legislature in issues regarding deregulation of broadband communications and imposing duties on municipalities which provide telecommunication services. Members of Pennington have also lobbied for the streamlined sales tax which would capture uncollected use tax on e-commerce and mail order sales thereby increasing revenue for existing taxes and keeping local merchants on an equitable footing. Uniform Building Code/Construction and Permitting Pennington has been involved with the Uniform Building Code on behalf of its insurance and construction industry clients and closely monitors all attempts to amend the Code. We have worked on construction permitting, inspection and bond issues on behalf of its local government clients. Public Safety Pennington has participated in ongoing legislative issues for the City of South Daytona relating to the allocation of insurance policy surtaxes for police and firefighter pension benefits and on behalf of the City of New Smyrna Beach regarding legislation City of Clearwater RFP 40-12 www.penningtonlaw.com 7 PENNINGTON LAW FIRM Attorneys at Law accelerating pension benefits for firefighters to be repaid from the insurance surtax. We have worked closely with the Florida League of Cities for the passage of legislation authorizing the use of red light cameras and we continue to oppose repeal of state authorization. Home Rule Issues Pennington monitors and is involved on all issues which seek to further erode the home rule authority and powers of local governments including preemption of local ordinances, tax reform and funding issues. We have has played a key role in the defeat of the transient rentals tax issue supported by online travel companies. We have also worked to defeat preemption of local fertilizer ordinances and worked to defeat legislation to repeal chapter 205, The Local Business Tax Act. Special Acts/Local Bills Pennington has worked on numerous local bills and special acts on behalf of its local government clients, including the City of Clearwater, Pinellas County, Tampa Bay Water, City of Daytona Beach, South Daytona, Volusia County and Citrus County. Claims Bill Defense Pennington has taken an active role on behalf of public sector clients in the defense against claims bills that have come before the Legislature. The Firm has successfully amended claims bills to avoid findings against our clients. In another case, we were able to craft a solution to the bill that avoided impacts to the county budget. Court Funding In its role as General Counsel to the Conference of Circuit Judges, the Pennington Firm has been involved in court funding and in support of the issues related to the Judicial Branch. Pennington has historically played an integral role in the Article V issues on behalf of the City of Clearwater, Miami-Dade County and Pinellas County. Pennington has worked on Article V related issues, such as the issue of increased filing fees for code enforcement cases and county employee benefits. City of Clearwater RFP 40-12 www.penningtonlaw.com 8 PENNINGTON LAW FIRM Attorneys at Law Hurricane Mitigation Legislation We are very familiar with all issues related to windstorm and property insurance. In the past, we helped secure nearly $6 million in a special session on behalf of two storm ravaged local governments. Pennington's areas of legal expertise include the following practice areas on behalf of local and other governmental entities: Public Labor Law As General Counsel to state and regional agencies and local governments in Florida, Pennington routinely provides advice to public sector clients on labor and employment matters. This includes the development of personnel policies and procedures, advice concerning employee hiring and disciplinary matters, unemployment compensation claims, human rights and equal employment opportunity claims, employment contracts, retirement issues and other matters. Sunshine Law and Public Office Ethics With a former two-term member of the Florida Commission on Ethics, the Firm has developed expertise on the Sunshine Law and public office ethics and is frequently called upon to advise and represent elected officials on governmental ethics related issues. 2. Ability to represent local government clients before the Legislature The Pennington Firm has extensive experience in representing local governments and governmental type entities in legislative, legal, agency, and appropriations matters. Currently, we represent the following local government entities for the specified number of years: Volusia County (23 years), Pinellas County (10 years), the City of Clearwater (16 years), Tampa Bay Water (18 years), Florida Governmental Utilities Authority (12 years), City of Ormond Beach (9 years), City of South Daytona (12 years), City of Daytona Beach (12 years), the City of Palm Coast (8 years) and the City of New Smyrna Beach (8 years) and the Northwest Florida Water Management District (over 30 years). City of Clearwater RFP 40-12 www.penningtonlaw.com 9 PENNINGTON LAW FIRM Attorneys at Law As legislative counsel for these local government entities, we have successfully assisted with a wide variety of issues including capital improvement projects, urban redevelopment, annexation, growth management, retirement, court and county administration, workers compensation, environmental and waste management, telecommunications, health care, Medicaid, transportation, building code and contractor licensing, and consumer issues, hurricane relief, Article V, as well as all appropriations issues. Pennington's extensive network of contacts within the Legislature and departments and agencies of the state also can provide critical, time-sensitive governmental information that will assist the city in making informed decisions relating to the legislative and regulatory process. We are unique with regard to these and many other issues addressed by the Legislature in that our Firm members are active participants in legislative negotiation, are looked to by legislators for advice on many substantive and strategic matters, and are well respected in all aspects of the legislative process. The Pennington Firm will enhance the City of Clearwater's position in numerous ways. In addition to its experience, knowledge, ability and depth, the Pennington Firm is Tallahassee based and focuses its political efforts throughout the entire state. Because of this statewide focus of political campaign involvement, we have very strong working relationships with legislators from all different regions of the state. We work diligently to maintain bi-partisan relationships at all levels of state and local government. Pennington has the ability to connect with legislative delegations throughout the state to demonstrate why and how issues impacting the City are important to the rest of the state. We understand local government and City related issues very well and can assist in the policy development as issues work their way through the legislative process. Notwithstanding the fact that Governors Bush, Crist and Scott were all very aggressive with the veto power and that state government overall has been forced to operate with significant financial constraints in a difficult economic climate, Pennington has been able to secure funding for our local government clients in past years. We have also passed a number of important substantive bills at the request of our local government clients. Below are highlights of Pennington's history and experience in the representation of local governments and public sector entities: City of Clearwater RFP 40-12 www.penningtonlaw.com 10 PENNINGTON LAW FIRM Attorneys at Law • Economic Development, Commerce, Tourism Successfully guided legislation to give the City of Daytona a long term lease for submerged lands underlying the city's historic pier coupled with a $3 million state grant to help purchase the pier. Played an integral role in passage of legislation which required a local referendum in Dade and Broward Counties on the question of whether to allow slot machines at pari- mutuel facilities. Secured legislation which expanded and created enterprise zones for various local government clients. Played an integral role in passage of legislation which required a local referendum in Dade and Broward Counties on the question of whether to allow slot machines at pari- mutuel facilities. Helped to pass and re-implement caps on attorney's fees in workers' compensation cases. Actively participated in the effort to substitute comparative fault for joint and several liability. Defeated legislation and proposed constitutional amendment which would have imposed review and repeal of sales tax exemptions including sales tax on services. Obtained a $450,000 grant extension from the Office of Tourism, Trade, and Economic Development regarding a land swap with Miami-Dade Public School in a matter of days in order to avoid imminent lapse of the grant. Played a leadership role in defeating the Online Travel tax exemption bills during the 2011 and 2102 Sessions. Secured legislation which expanded and created enterprise zones for various local government clients. Authored and secured passage of legislation which added Port Citrus to the Florida Seaport Transportation and Economic Development Council. City of Clearwater RFP 40-12 www.penningtonlaw.com 11 PENNINGTON LAW FIRM Attorneys at Law Successfully guided legislation to give the City of Daytona Beach a long term lease for submerged lands underlying the city's historic pier coupled with a $3 Million state grant to help purchase the pier. Played an integral role in the creation and expansion of the statewide Brownfield Program and extended the Brownfield Loan Guarantee Program. • Transportation Facilitated a letter of commitment from the Florida Department of Transportation to Miami-Dade Transit for 25% of Metro Rail project funding upon receipt of a New Starts rating of "Recommended" from Federal Transit Administration, a commitment of hundreds of millions of dollars. Obtained a letter of commitment on behalf of Miami-Dade County to obtain hundreds of millions of dollars from the Florida Department of Transportation regarding Metro Rail, and successfully obtained numerous line item appropriations for various road projects. Authored and secured passage of legislation which allowed the Department of Transportation to reinterpret the law in our favor and thereby making our client eligible for up to $13 million in funding for the Memorial Causeway Bridge. Reduced the cut in the Transportation Disadvantaged funds to be provided to Miami- Dade County by $5 million through direct work with the AHCA Secretary. Secured over $3 million in appropriations for road widening and bridge repair for Volusia County. Facilitated the acceleration of FDOT projects within the 5 year plan. Authored and secured passage of legislation creating Port Citrus. • Coastal Issues Played an integral role in the creation of Tampa Bay Water Transfer Act and negotiation of the partnership agreement with the SWFWMD. City of Clearwater RFP 40-12 www.penningtonlaw.com 12 PENNINGTON LAW FIRM Attorneys at Law Authored and secured passage of legislation which allowed the Department of Transportation to reinterpret the law in our favor and thereby making our client eligible for up to $13 million in funding for the Memorial Causeway Bridge. Led the successful effort to restrict the ocean release of sewage and other waste by day cruise gambling vessels. Secured $750,000 for an artificial reef. Secured $1 million from the Department of Community Affairs for Hurricane Disaster Relief Funds. Secured $3,780,000 and $2,220,000 in hurricane related dune restoration funding for New Smyrna Beach and Volusia County respectively. Secured over $2,000,000 in beach re-nourishment funding. Worked with the Florida Shore and Beach Preservation Association to secure passage of landmark beach restoration legislation. • Law Enforcement, Public Safety On behalf of local governments Pennington has worked for many years to secure full funding of the Medically Need program, Transportation Disadvantaged, nursing home payments and other programs which greatly impact local governments. Facilitated legislation allowing local governments and County School Systems to share resources in order to enjoy economies of scale. Over the last 6 years Pennington has obtained approximately $15 Million in line item appropriations for social service projects such as local departments of health, behavioral health programs, mentoring programs, etc. Participated in ongoing legislative issues for the City of South Daytona relating to the allocation of insurance policy surtaxes for police and firefighter pension benefits and on behalf of the City of New Smyrna Beach regarding legislation accelerating pension benefits for firefighters to be repaid from the insurance surtax. City of Clearwater RFP 40-12 www.penningtonlaw.com 13 PENNINGTON LAW FIRM Attorneys at Law Secured passage of legislation which reduced the statute of limitations for wrongful death claims against governmental entities. Secured passage of legislation which created a public records exemption for information related to E911 programs. • Energy, Environment and Natural Resources Played an integral role in the creation of Tampa Bay Water Transfer Act and negotiation of the partnership agreement with the SWFWMD. Led the successful effort to restrict the ocean release of sewage and other waste by day cruise gambling vessels. Played an integral role in the creation and expansion of the statewide Brownfield Program and extended the Brownfield Loan Guarantee Program. Secured $750,000 for an artificial reef. Actively and successfully defended against removal of the provision grandfathering local fertilizer ordinances. • Water and Sewer Infrastructure Helped acquire funding for the Tampa Bay Regional Reclaimed Water Project (multiple years) in the amount of$10,500,000. Helped the City of Daytona Beach acquire millions of dollars in appropriations for a reclaimed water reservoir, Bay Street stormwater improvements, the B-3 Pond Stormwater Project (SJRWMD) and acquire the Historic Pier FCT Grant. Helped the City of South Daytona acquire over a million dollars in appropriations funding for Palm Grove Stormwater, reuse water lines, the Reed Canal Basin, and Nova/Read Canal Stormwater. Helped Volusia County acquire millions of dollars in appropriations funding for the North Peninsula Wastewater Project (SJRWMD) and Spring Hill Waste & Stormwater. Secured wastewater funding for New Smyrna Beach. City of Clearwater RFP 40-12 www.penningtonlaw.com 14 PENNINGTON LAW FIRM Attorneys at Law • Emergency Preparedness and Recovery Helped the City of Clearwater obtain funding for a Homeland Security Volunteer Team and Emergency Operations Center. Secured passage of legislation requiring a study of the appropriate boundaries of the Citizens Property Insurance High Risk Account. • Arts, Culture, and Leisure Services Drafted and facilitated passage of Spring Training legislation which allowed the City of Clearwater to retain Major League Baseball spring training. Obtained full FRDAP funding for many parks in Volusia and Pinellas Counties. 3. Ongoing relationships with members of the Legislature The members of the Pennington Firm have longstanding and ongoing relationships with the members and staff of the Florida Legislature and state agencies. These relationships have been forged over three decades of public service and private sector advocacy. We work diligently throughout the year to maintain strong bi-partisan relationships with the members of the Legislature. Serving as Senate reapportionment counsel has provided us an opportunity to solidify relationships with current and future members of the legislature. Additionally, the Pennington Governmental and Legislative Affairs Section worked with candidates throughout this election cycle to further establish relationships with the potential new members of the Legislature. The following listed references are representative of the Firm's ongoing relationships with members of the Florida Legislature: Senator Jack Latvala 1242528 th St. N Suite 102 St Petersburg, FL 337165 (727) 556-6500 E-mail: latvala.iack.web(o)flsenate.gov City of Clearwater RFP 40-12 www.penningtonlaw.com 15 PENNINGTON LAW FIRM Attorneys at Law Senator Mike Fasano 8217 Massachusetts Ave. New Port Richey, FL 34653-3111 (727) 848-5885 Email: fasano.mike.web(o)flsenate.gov Senator Arthenia Joyner 508 W. Dr. Martin Luther King, Jr. Blvd, Suite C Tampa, FL 33603-3415 (813) 233-4277 Email: Joyner.arthenia.web(o)flsenate.gov Senator Joe Negron 3500 S.W. Corporate Parkway, Suite 204 Palm City, FL 34990 (772) 219-1665 E-mail: Negron.ioe.web(o)flsenate.gov Senator John Thrasher 9485 Regency Square Blvd, Suite 108 Jacksonville, FL 32225-8145 (904) 727-3600 E-mail: thrasher.iohn.web(o)flsenate.gov Senator Andy Gardiner Majority Leader 1013 E. Michigan Street Orlando, FL 32806 (407) 428-5800 E-mail: gardiner.andy.web(a�flsenate.gov City of Clearwater RFP 40-12 www.penningtonlaw.com 16 PENNINGTON LAW FIRM Attorneys at Law Senator Don Gaetz Senate President Designate Senate President's Office 409 The Capitol 404 South Monroe Street Tallahassee, Florida 32399 (850) 487-5229 E-mail: gaetz.don.web(o)flsenate.gov Representative Will Weatherford Florida House Speaker Designate Office of the Speaker 420 The Capitol 402 South Monroe Street Tallahassee 32399-1300 (850) 488-1450 E-mail: will.weatherford(o)myflorida house.gov Representative Richard Corcoran 7132 Little Road New Port Richey, FL 34654 (727) 816-1580 E-mail: richard.corcoran(o)myflorida house.gov Representative Denise Grimsley House Appropriations Committee Chair 205 S. Commerce Ave. Suite B Sebring, FL 33870 (863) 385-5251 E-mail: denise.grimsleyCa�myfloridahouse.gov Representative Ed Hooper Suite 206, 2963 Gulf to Bay Boulevard Clearwater, FL 33759-4259 Phone: (727) 724-3000 Email: ed.hooper(o)myfloridahouse.gov City of Clearwater RFP 40-12 www.penningtonlaw.com 17 PENNINGTON LAW FIRM Attorneys at Law 4. Ongoing relationships with key members and legislative committee staff, executive branch agency and staff The members of the Pennington Firm also have longstanding and ongoing relationships with the staff of the Florida Legislature which developed over decades of legislative service and advocacy. Unlike most Legislators and legislative aides, the Legislative Committee staff and executive office staff reside full time in the Tallahassee area. It is a valuable dimension of the Firm's representation of its clients to be available to meet with committee and agency staff in their Tallahassee offices. Maintaining close contact with staff in the interim time between Legislative Sessions will allow us to keep the City's issues at the forefront and inform staff of the City's interests and positions. Legislative staff members are aware that on any given day a members of Pennington are available to walk across the street and meet in their offices within a few minutes. This access has proved to be pivotal in getting particular bills of local interest, such as the City of Clearwater Beach Marina Property bill, placed timely on the legislative committee agenda and passed. The long term relationships with executive branch agency heads and key staff coupled with the ability to meet with agency personnel quickly in their Tallahassee offices provides Pennington with beneficial access to executive branch decision makers throughout the year. This has been especially beneficial to our local government clients when working on agency grant funding issues and in numerous environmental permitting and submerged land lease issues. The members of the Firm have also developed longstanding and time-tested relationships with Executive Branch staff through service in the Executive Branch under at least 6 gubernatorial administrations from the 1960's through the first decade of the 21st Century, both Republican and Democrat. While elected officials must leave office under term limits, many of the personnel and staff remain in public service. The relationships built over the years with staff members gives Pennington the ability to open doors and advocate on behalf of clients on a level built on trust and mutual respect built over the years. The members of Pennington are frequently called upon by Legislative Committee staff and Executive Agency staff for our legal expertise in various areas of Committee and Agency jurisdiction. City of Clearwater RFP 40-12 www.penningtonlaw.com 18 PENNINGTON LAW FIRM Attorneys at Law The following list of references is representative of the Firm's ongoing relationships with key members and staff of the legislative and executive branches: Rick Scott, Governor Plaza Level 05, The Capitol 400 South Monroe Street Tallahassee, FL 32399-0001 (850) 488-7146 E-mail: rick.scott(o)eog.myflorida.com Adam Putnam, Commissioner of Agriculture Plaza Level 10, The Capitol 400 South Monroe Street Tallahassee, Florida 32399-0810 (850) 488-3022 E-mail: adam.putnam(a)freshfromflorida.com Jeff Atwater, CFO Department of Financial Services Plaza Level 11, The Capitol 400 South Monroe Street Tallahassee, Florida 32399-0300 (850) 413-2850 E-mail: ieff.atwater(o)myfloridacfo.com Ken Detzner, Secretary of State Florida Department of State R.A. Gray Building 500 South Bronough Street Tallahassee, FL 32399-0250 (850) 245-6500 E-mail: ken neth.detzner(o)dos.myflorida.com Ananth Prasad, Secretary Florida Department of Transportation 605 Suwannee Street Tallahassee FL 32399-0450 (850) 414-5205 E-mail: ananth.prasad(cDdot.state.fl.us City of Clearwater RFP 40-12 www.penningtonlaw.com 19 PENNINGTON LAW FIRM Attorneys at Law Adam Hollingsworth, Chief of Staff to the Governor Plaza Level 05, The Capitol 400 South Monroe Street Tallahassee, FL 32399-0001 (850) 488-7146 Chris Finkbeiner, Legislative Policy Advisor Executive Office of the Governor Plaza Level 05, The Capitol 400 South Monroe Street Tallahassee, FL 32399-0001 (850) 488-7146 Carlos Muniz, Deputy Attorney General Department of Legal Affairs Plaza Level 01, The Capitol 400 South Monroe Street Tallahassee, Florida 32399-1050 (850) 245-0140 Chris Clark, Chief of Staff Senate President's Office 409 The Capitol 404 South Monroe Street Tallahassee, Florida 32399 (850) 487-5229 Kathy Mears, Chief of Staff Office of the Speaker 420 The Capitol 402 South Monroe Street Tallahassee 32399-1300 (850) 488-1450 City of Clearwater RFP 40-12 www.penningtonlaw.com 20 PENNINGTON LAW FIRM Attorneys at Law Tom Cibula, Staff Director Senate Judiciary 515 Knott Building 404 S. Monroe Street Tallahassee, Florida 32399-1100 (850) 487-5198 E-mail: cibula.thomas(o)flsenate.gov Patrick "Booter" Imhof, Staff Director Senate Regulated Industries 330 Knott Building 404 S. Monroe Street Tallahassee, Florida 32399 (850) 487-5957 E-mail: imhof.booter(o)flsenate.gov Tom Hamby, Staff Director House State Affairs Committee 303 House Office Building 402 S. Monroe Street Tallahassee, FL 32399-1300 (850) 488-9238 E-mail: tom.hamby(o)myfloridahouse.gov Karen Camechis, Staff Director Select Committee on Water Policy 303 House Office Building 402 S. Monroe Street Tallahassee, Florida 32399-1300 (850) 488-4864 E-mail: camechis.karen(a)myfloridahouse.gov Amy Baker, Coordinator Office of Economic and Demographic Research 111 West Madison Street, Suite 574 Tallahassee, FL 32399-6588 (850) 487-1402 E-mail: edreoordinator(cDleq.state.fl.us City of Clearwater RFP 40-12 www.penningtonlaw.com 21 PENNINGTON LAW FIRM Attorneys at Law Katherine Halley, Staff Director Senate Transportation Committee Senate Regulated Industries 410 Knott Building 404 S. Monroe Street Tallahassee, Florida 32399 (850) 487-5223 E-mail: hal ley.katherine(o)flsenate.gov Randy Havilcak, Staff Director House Judiciary Committee 412 House Office Building 402 S. Monroe Street Tallahassee, Florida 32399-1300 (850) 488-3088 E-mail: randy.havilcak(a)myfloridahouse.gov Michael Cochran, Division Director Florida Land Sales, Condominiums & Mobile Homes Department of Business & Professional Regulation Northwood Centre, 1940 North Monroe Street Tallahassee, Florida 32399-0750 (850) 488-1631 E-mail: michael.cochran(cDdbpr.state.fl.us 5. Familiarity with state agencies and records of successful working relationships with these agencies As a prominent Tallahassee presence in the state and local legal community we are able to fully integrate a work plan on behalf of the City with the policies, procedures and legislative staff of the various state agencies. It is the Firm's practice on behalf of its clients to coordinate legislative goals and programs as early as possible with the relevant state agency, thereby dramatically increasing the chances of ultimate success in legislative proposals and gubernatorial approval. The Tallahassee location facilitates this year-round contact and fosters close and successful working relationships with Executive agency personnel, as well as Legislative staff. Pennington maintains ongoing relationships with state agencies and successful working relationships with these agencies. It is not an exaggeration to state City of Clearwater RFP 40-12 www.penningtonlaw.com 22 PENNINGTON LAW FIRM Attorneys at Law that, based on the Firm's longevity and prestige in the Tallahassee legal community, that one or more members of Pennington will have contacts in and access to all agencies of state government. The Pennington Firm represents clients in proceedings involving state agencies under Florida's Administrative Procedure Act, including promulgation of rules, rule challenges, development permitting, bid protests, certificates of need, declaratory statement petitions, electric utility territorial disputes, and public utilities regulation. We have represented clients before the Executive Office of the Governor and most of Florida's administrative agencies, including the Departments of: Financial Services; Business and Professional Regulation; Environmental Protection; Transportation; Management Services; Health; Revenue. and Agriculture and Consumer Services; as well as the Agency for Health Care Administration, the Public Service Commission, the Office of Insurance Regulation, the Office of Banking and Securities, the Attorney General's Office of Anti-Trust, the Florida Housing Finance Corporation, and the state's water management districts. Pennington has represented public agencies in matters concerning real estate, eminent domain, land use and zoning, environmental permitting, bid protests, construction disputes and construction contracting, drafting and negotiating joint project agreements, mutual use agreements, interlocal agreements and co-funding agreements. The Firm has also worked extensively with public records and sunshine law matters. The following are a few examples of these relationships with state agencies that may be of importance to the City: The Department of Environmental Protection — Kevin Crowley is a former General Counsel of the Department of Natural Resources, the predecessor agency to the current DEP. Martha Edenfield and Pete Dunbar have worked closely with the Division of Water Resource Management on behalf of Tampa Bay Water in environmental permitting issues and with the Division of State Lands on issues relating to the use of submerged lands. Pennington also works closely with the Office of Greenways and Trails. The Florida Department of Transportation — Martha Edenfield began her legal career as a law clerk at the Department of Transportation in the early 1980's and has maintained a good working relationship with the agency throughout these years. Pennington maintains communications with the agency as to funding priorities and substantive City of Clearwater RFP 40-12 www.penningtonlaw.com 23 PENNINGTON LAW FIRM Attorneys at Law issues relating to transportation. Martha Edenfield, Pete Dunbar and Marc Dunbar work closely with the agency on permitting and eminent domain issues. The Department of Agriculture and Consumer Services — As a former Consumer Council appointee, Martha Edenfield frequently represents regulated entities before the Division of Consumer Services in license application and renewal proceedings. Pennington works closely with the Department of Legislative issues, including issues relating to aquaculture and water resources. The Department of Financial Services — Pete Dunbar previously served as the General Council to the DFS and maintains close ties to the Department and to the staff within the Department. Pennington also maintains close ties to the Office of Insurance Regulation and the Office of Financial Regulation. The Department of Business and Professional Regulation — Pete Dunbar works closely with the Department, particularly with the Division of Florida Condominiums, Time Shares and Mobile Homes and Division Director Michael Cochran. Pennington has an excellent working relationship with the Boards and staff of the Agency through its Tallahassee Administrative Law Practice. The Department of Management Services — Pennington frequently represents vendors before the Department in procurement related proceedings, including bid proposals, protests, negotiations and appeals. State Board of Administration — Pennington represents the Florida Retirement System Investment Plan in dispute resolution proceedings with FRS members pursuant to Chapter 120, Florida Statutes. The Florida Department of Economic Opportunity — Pennington has worked on economic development initiatives, growth management and affordable housing issues before the predecessor agencies to the DEO. We have worked closely with Executive Director Hunt Deutsh and the General Counsel's office of the new agency. The Governor and Cabinet — Pete Dunbar, Martha Edenfield and other members of Pennington frequently appear before the Governor and Cabinet sitting in their various capacities and work with their respective Cabinet aides on issues ranging from state lands to clemency proceedings. City of Clearwater RFP 40-12 www.penningtonlaw.com 24 PENNINGTON LAW FIRM Attorneys at Law B. History and Background 1. List and description of outcomes of public sector projects and initiatives worked on in the past five years, including key contacts Pennington has a substantial record of successes obtained on behalf of our public sector clients over the past 40 years. Below is a description of several of our public sector projects and initiatives that we have worked on in the past five years. Tampa Bay Water(formerly West Coast Regional Water Supply Authority) Pennington has provided executive branch and legislative representation for Tampa Bay Water, since 1994. In that representation, Pennington created and passed the legislative initiative creating Tampa Bay Water and has been a part of every legislative initiative relating to water quality, supply and development since its inception. On behalf of Tampa Bay Water, Pennington helped author and pursue the recent passage of the reorganization and modernization of Chapter 373 Florida Statutes. We participate in the Florida Water Coalition in the pursuit of adequate funding of water supply initiative. Pennington has secured state appropriations funding of $4.5 million for the Downstream Augmentation Project. Key Contact: Mr. Gerald Seeber, General Manager 2575 Enterprise Road Clearwater, Florida 33763-1102 (727) 796-2355 E-mail: GSeeber(cDtampabaywater.org Florida Governmental Utilities Authority Pennington has served as the General Counsel for the FGUA since its inception in 1999. In our capacity as General Counsel, we have negotiated or provided advice and counsel during the negotiating process on all service provider contracts through which the FGUA operates. We provided advice and counsel in the acquisition of the assets of five investor owned utility systems. We also provided counsel and advice to the FGUA in responding to a federal procurement request which resulted in the MacDill AFB water and wastewater utility system being conveyed to the FGUA for ownership, operation and maintenance for a 50 year period. In representing the FGUA before the Legislature City of Clearwater RFP 40-12 www.penningtonlaw.com 25 PENNINGTON LAW FIRM Attorneys at Law we have successfully defeated legislation that would have unreasonably restricted the ability of local governments to enter into interlocal agreements. Key Contact: Robert Sheets Government Services Group 1500 Mahan Drive, Suite 250 Tallahassee, FL 32308 (850) 681-3717 Safety Net Hospital Alliance of Florida In representing the Safety Net Alliance, Pennington represents the state's teaching hospital, public hospitals and children's hospitals. In this role, we have has successfully secured funding for the hospitals for graduate medical education, trauma care, primary care and indigent care. Pennington has successfully represented the Alliance on sovereign immunity and Medicaid Reform issues. We also represent the Alliance on general hospital issues, including certificate of need and medical malpractice issues. Key Contact: Tony Carvalho, President 101 North Gadsden Street Tallahassee, Florida 32301 (850) 201-2096 Tampa Bay Area Regional Transportation Authority(TBARTA) Pennington has served as the General Counsel for the seven county Tampa Bay Area Regional Transportation Authority since 2007 and has most recently successfully assisted in the development of the Guiding Principles for Transit Oriented Development. Key Contact: TBARTA Robert Clifford, Executive Director 38902 Spectrum Blvd, Suite 306 Tampa, FL 33612 (813) 282-8200 City of Clearwater RFP 40-12 www.penningtonlaw.com 26 PENNINGTON LAW FIRM Attorneys at Law Tampa Bay Regional Planning Council Since 2007, Pennington has served as General Counsel for the Tampa Bay Regional Planning Council. With RPC membership consisting of both cities and counties, Pennington provides legal advice to the Tampa Bay Regional Planning Council on a broad range of land use matters, including Local Government Comprehensive Plan adoption and amendment, DRIs, and changes in the state's growth management laws. Key Contact: Tampa Bay Regional Planning Council Manny Pumariega, Exec Director 4000 Gateway Centre Blvd., Suite 100 Pinellas Park, FL 33782 (727)570-5151 Florida Sheriff's Self Insurance Fund Florida Sheriff's Workers Compensation Self Insurance Fund Florida Sheriff's Auto Risk Program The Pennington Law Firm has represented the Florida Sheriff's Risk Management Fund for the last six years on a variety of issues including claims bills that have been filed against Sheriff's offices which are part of the Risk Management Fund. During the last two years, the Risk Management Fund has taken an active role in claims bills that have come before the Legislature. In this capacity we have recently successfully negotiated amendments with regard to claims bill settlement offer and statements to avoid setting a precedent in regards to bad faith lawsuits. This allowed us to negate any potentially inflammatory findings against the insurance company and the Sheriff's Office thus avoiding any negative impacts in the legislative process or in further court proceedings. During the 2012 Legislative Session we were able to work with legislative committees to propose a structured payment settlement on a claims bill that would assist both the sheriff's home county to allow for payment of the damages in the negotiated settlement without damaging the county budget while also benefitting the plaintiff. City of Clearwater RFP 40-12 www.penningtonlaw.com 27 PENNINGTON LAW FIRM Attorneys at Law Key Contact: Sheriff David Harvey, Executive Director Florida Sheriff Risk Management Fund 2600 Centennial Place, Tallahassee, Florida 32308 (850) 320-6880 Northwest Florida Water Management District Pennington serves as General Counsel to the Northwest Florida Water Management District. In that capacity we provide legal services for the District, including representation in administrative hearings, rule making, real estate acquisitions including conservation easements, real estate related litigation, employment litigation, and in civil litigation in Circuit Court to enforce regulations. We attend all board meetings and regularly provide legal counsel to the Governing Board regarding the day to day operations and responsibilities of the District. We are currently working on a project assisting the District with developing and writing new consumptive use permit rules and environmental resource permit rules. Most recently we have concluded lengthy administrative proceeding challenging the District's intent to issue a consumptive use permit. Key Contact: Jon Steverson, Executive Director Northwest Florida Water Management District 81 Water Management Drive Havana, Florida 32333 (850) 539-5999 2. Experience with local government(s) in the last five years including key contacts Below is an overview of Pennington's experience representing local governments over the last five years: Pinellas County Since 2002, Pennington has been the lead consultant in a joint venture with two other lobbying firms in providing general legislative and administrative representation to Pinellas County on all issues impacting county government, including appropriations City of Clearwater RFP 40-12 www.penningtonlaw.com 28 PENNINGTON LAW FIRM Attorneys at Law matters. Most recently we have worked to secure passage of the local bill relating to the membership of the Pinellas County Planning Council. We have successfully amended environmental resource permit bills to exempt Pinellas and similarly situated counties from mandatory program delegation. Pennington has worked closely with Florida Association of Counties in successfully in defeating legislation to provide that online travel services would not have to pay local tourist development taxes. Pennington also successfully amended the fertilizer preemption bill to grandfather the Pinellas County ordinance and have successfully defeated efforts to remove the grandfather provision. We have also worked with the Florida League of Cities and the Florida Association of Counties to amend legislation enacting the taxpayer bill of rights (TABOR) to hold local government harmless. We worked closely with the Florida Shore and Beach Preservation Association in securing passage of the Dennis L. Jones Beach and Shore Preservation Act and in securing several million dollars in funding for beach re-nourishment projects in Pinellas County. We have in recent years and will continue to lobby in opposition to offshore oil drilling. We have worked with the offices of Senator Nelson and Senator Rubio on RESTORE Act issues related to the BP Oil spill. We have worked closely with the Florida Association of Counties to legislatively and administratively mitigate the impact of the state collection of county Medicaid backlog payments. We have also worked with the Department of Juvenile Justice and the legislature to enact more equitable billing formula for county detention facilities. Pennington is the lead on transportation issues for the County and has represented Pinellas County on major legislative initiatives including growth management legislation, impact fee legislation and employment legislation. We participate in the Large County Coalition Association on behalf of Pinellas. Pennington continues to advocate on behalf of funding of affordable housing programs at both the State and Local level. We have successfully negotiated amendments to legislation to address issues that detrimentally affected Pinellas County employees employed by the Clerk of Courts. We successfully amended Clerk Audit legislation to hold Pinellas harmless. City of Clearwater RFP 40-12 www.penningtonlaw.com 29 PENNINGTON LAW FIRM Attorneys at Law Key Contact: Mr. Carl Harness, Assistant County Administrator County Administrators Office 315 Court Street Clearwater, Florida 33756 (727) 464-3485 E-mail: charness(cDco.pinellas.fl.us Volusia County Pennington has represented Volusia County for over 20 years, and during that time period we have worked on most every legislative issue related to counties. For example, we have secured tens of millions of dollars for local infrastructure projects; we have helped to defeat a whole host of hostile local and general bills dealing with a plethora of issues ranging from Certificate of Public Convenience & Necessity to pre- emption of local fertilizer regulations; we have worked with legislators and staff to amend potentially threatening bills in order to mitigate or avoid the impact; and we have passed numerous general bills dealing with issues such as the statute of limitations for wrongful death actions and traffic reports. On behalf of local governments Pennington has worked for many years to secure full funding of the Medically Need program, Transportation Disadvantaged, nursing home payments and other social programs which greatly impact local governments. We have most recently secured over $3 million in appropriations for road widening and bridge repair for acquired millions of dollars in appropriations funding for the North Peninsula Wastewater Project (SJRWMD) and Spring Hill Waste & Stormwater. We have passed legislation which reduced the statute of limitations for wrongful death actions against the state and local governments. We have also passed legislation creating a public records exemption for certain reverse 911 information. Key Contact: Frederick B. Karl Jr. Esq. County of Volusia Legal Department 700 Catalina Drive, Suite 300 Daytona Beach, FL 32114 Office: (386) 248-8030 ext. 18318 Fax: (386) 736-5990 Email: fkarl(cDco.volusia.fl.us City of Clearwater RFP 40-12 www.penningtonlaw.com 30 PENNINGTON LAW FIRM Attorneys at Law City of Clearwater Pennington has represented the City of Clearwater since 1996. As legislative counsel to the City we have worked on the legislative agenda the Mayor and City Council, including several local bills. We worked to pass a local bill to increase the number of members on the Pinellas County Tourist Development Council from 11 to 12 effectively providing a seat for an elected official representing Clearwater. We have worked to author and pass a local bill relating to the Clearwater Beach Marina property, including working the issue through the Department of Environmental Protection. We also helped author and pass a local bill updating the Firefighter Pension fund. Most recently we worked to secure passage of a local bill authorizing temporary alcohol permits for outdoor events. Often successful legislative projects include those measures which did not pass. Pennington has worked to helped defeat legislation that would have required certain professional sports franchise facilities to operate as homeless shelters. We have worked against the passage of any legislation that would repeal or weaken the local government red light camera regulation. We have worked to defeat legislation interfering with local procurement procedures including measures that that would have allowed the state reciprocal preference provision for purchasing to preempt any local purchasing ordinance and measures that would have required preferential contract awards for road projects. Throughout the years we have successfully secured millions of dollars of FRDAP funding and have worked to help secure State Aid to Libraries funding. Pennington has frequently undertaken special legal projects on behalf of the City. Most recently we have worked to interpret condominium documents to provide public parking for the benefit of the City. We have also worked on property law issues relating to gas line easements. Key Contact: Rosemarie Call, MPA, CIVIC City Clerk City of Clearwater P.O. Box 4748 Clearwater, FL 33758-4748 (727) 682-1091 E-mail: rosemarie.call(cDmvclearwater.com City of Clearwater RFP 40-12 www.penningtonlaw.com 31 PENNINGTON LAW FIRM Attorneys at Law Citrus County Pennington has represented Citrus County in matters before the Legislature since 2011. In the 2011 legislative session, Pennington was able to amend every piece of transportation and port safety related legislation and ultimately succeeded in the passage of legislation authorizing the creation of Port Citrus as a member of the Florida Seaport Transportation and Economic Development Council. In 2012, Pennington worked in support of port funding legislation issues and on the authorization for the creation of an enterprise zone. Pennington also worked in support of the Kings Bay Memorial. We worked to defeat legislation redefining the ordinary high water mark for navigable, non-tidal water bodies. Key Contact: Brad Thorpe Citrus County Administrator Citrus County Courthouse 110 N. Apopka Ave. Inverness, Fl. 34450 20399-27301 (352) 341-6560 Email: brad.thorpe(cDbocc.citrus.fl.us City of Ormond Beach Pennington has represented the City of Ormond Beach for over 9 years. During that time period we have secured funding for economic development projects and we have worked on a wide variety of legislative and executive agency issues related to cities in general and Ormond Beach in particular. For example, in addition to the general help we provide to the Florida League of Cities on their priority issues, we passed language related to ad valorem business development tax exemptions, expedited Department of Environmental Protection Permits, and identified and facilitated non-profit funding for various projects. Most recently we have actively and successfully defended against the removal of grandfather provisions related to the preemption of local fertilizer ordinances and passed legislation related to referenda for ad valorem business development tax exemptions. City of Clearwater RFP 40-12 www.penningtonlaw.com 32 PENNINGTON LAW FIRM Attorneys at Law Key Contact: Joe Mannarino Director, Economic Development City of Ormond Beach P.O. Box 277 Ormond Beach, FL 32175-0277 Office: (386) 676-3266 Fax: (386) 676-3330 Email: man narino(o)ormond beach.org Palm Coast Pennington has represented Palm Coast since 2004. Most recently the projects and initiative undertaken on behalf of Palm Coast include defeating a DEP bike trail requirement before the Governor and Cabinet. We have facilitated legislation allowing local governments and County School Systems to share resources in order to enjoy economies of scale. We have participated in ongoing legislative issues for the City of South Daytona relating to the allocation of insurance policy surtaxes for police and firefighter pension benefits and on behalf of the City of New Smyrna Beach regarding legislation accelerating pension benefits for firefighters to be repaid from the insurance surtax. We have also facilitated the acceleration of FDOT projects within the 5 year plan. Key Contact: Beau Falgout Senior Economic Development Planner Community Development Department City of Palm Coast 160 Cypress Point Parkway, Suite B-106 Palm Coast, FL 32164 Office: (386) 986-3796 Fax: (386) 986-2590 Email: bfalgout(a-)palmcoastgov.com City of South Daytona Pennington has represented South Daytona since 2000. In the past five years we have had numerous successful initiatives on their behalf including securing passage of legislation requiring a study of the appropriate boundaries of the Citizens Property City of Clearwater RFP 40-12 www.penningtonlaw.com 33 PENNINGTON LAW FIRM Attorneys at Law Insurance High Risk Account, passing legislation allowing the City to expand the use of municipal golf carts on state roadways and passing legislation related to obstruction of public canals. Key Contact: Patty Rippey Redevelopment Director City of South Daytona P.O. Box 214960 South Daytona, FL 32121-4960 (386) 322-3016 Email: prippey(cDsouthdaytona.org DeSoto County Pennington has served as County Attorney for DeSoto County since 2005 and in that capacity has most recently successfully completed a comprehensive revision of the Land Development Code for the county. Key Contact: Guy Maxcy, County Administrator DeSoto County 201 East Oak Street, Suite 201 Arcadia, FL 34266 (863) 993-4800 Hillsborough County Since 2011, Pennington has served as special magistrate to the Hillsborough County Value Adjustment Board hearing petitions from property owners regarding property use classifications and ad valorem taxation exemptions and making recommendations to the VABs. City of Clearwater RFP 40-12 www.penningtonlaw.com 34 PENNINGTON LAW FIRM Attorneys at Law Key Contact: Julia Poupart, Director Hillsborough County Value Adjustment Board 601 E. Kennedy Blvd., 12th Floor Tampa, FL 33602 813-307-7036 Email: pouparti(cDhillsclerk.com Pasco County Pennington currently serves special magistrate to the Pasco County Value Adjustment Board hearing petitions from property owners regarding property use classifications and ad valorem taxation exemptions and making recommendations to the VABs. Key Contact: Donalee Schmidt Lead Board Clerk Board Records Department East Pasco Government Center 14236 6th Street, Suite 201 Dade City, FL 33523 (352) 521-4347 ext. 4347 Email: dschmidt(cDpascoclerk.com 3. List of clients for whom similar services were provided The following is a list of local government and public sector clients for whom similar legislative and governmental affairs services are provided. A complete list of the Firms lobbying clients in included in this response. While we represent numerous governmental entities and private concerns, each of these representations vary in scope and complexity. By utilizing a team approach to lobbying, we are able to ensure that all client projects receive the requisite time, resources and management attention. Currently, Pennington represents the following local government entities for the specified number of years: Volusia County (23 years), Pinellas County (10 years), the City of Clearwater (16 years), Tampa Bay Water (18 years), Florida Governmental Utilities Authority (12 years), City of Ormond Beach (9 years), City of South Daytona (12 years), City of Palm Coast (8 years); Citrus County (2 years) and the Northwest Florida Water Management District (over 30 years). City of Clearwater RFP 40-12 www.penningtonlaw.com 35 PENNINGTON LAW FIRM Attorneys at Law In the past, members of Pennington have represented the following local government entities for the specified number of years: City of Daytona Beach (7 years), City of DeBary (1 year), City of Deltona (1 year), City of Longwood (1 year), City of Palm Bay (1 year), City of West Melbourne (1 year), and the City of New Smyrna Beach (3 years); Broward County (3 years), Flagler County (3 years), Walton County (2 years), Hillsborough County Hospital Authority (11 years), St. Johns County School Board (1 year), St. Johns Water Management District (1 year), Sumter County (6 years), Miami- Dade County (3 years), Statutory Teaching Hospital Council (13 years), and Florida Property Appraisers (7 years). 4. Detail of how project success was measured The Pennington Firm is driven to success by achieving the desired result for the client, not by seeking recognition or credit for the accomplishment. As lawyers, the Pennington Firm is specifically trained to find answers and solve problems. In representing the City of Clearwater since 1996 we have worked on and achieved numerous successes before the legislature and state agencies. These successes can be measured in the value to the City and historically include the following initiatives and outcomes: Brownfield Redevelopment: Pennington was active in passage of the 1997 Brownfields Redevelopment Act and in the 1998 Brownfield glitch bill. The purpose of these 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. Pennington has continued to work on obtaining Brownfield Remediation Funding. 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 a current 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 those projects over 30 years. Submerged Lands Local bill: Pennington worked with the City's legal counsel, the Pinellas County Legislative Delegation, the Department of Environmental Protection Division of State Lands and other stakeholders to draft and pass legislation ratifying uses of submerged lands adjacent to the Memorial Causeway. City of Clearwater RFP 40-12 www.penningtonlaw.com 36 PENNINGTON LAW FIRM Attorneys at Law Pinellas County Tourist Development Council membership: Pennington helped in the drafting and passage of legislation to change the membership of the Pinellas County Tourist Development Council to provide for the City of Clearwater to have a member. Article V Filing Fees: Pennington worked on behalf of the City to revise code enforcement filing fee to $10.00 for those cases resolved outside of court and $40.00 for contested proceedings. Implementation of "One City One Future" programs: 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, Pete Dunbar and Martha 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 Secretary of the Department of Transportation to reinterpret substantive law making the City eligible for up to $13 million in funding for the Memorial Causeway Bridge. Examples of other historical successes obtained by Pennington in its representation of the City include: Memorial Causeway Bridge Construction ............................................... up to $13 million Spring Training Franchise Retention....................................................... up to $15 million Stevenson Creek............................................................................................. $2,500,000 Clearwater Sister City Program....................................................................... $ 750,000 Brownfield/Enterprise Zone............................................................................. $ 600,000 Brownfield Remediation Clean-up and Redevelopment.................................. $ 525,000 City of Clearwater Brownfield Remediation..................................................... $ 500,000 Job Development Centers at USF Brownfield Site........................................ $ 397,000 Enterprise Zone Designation - Tax Refund ........................................ $7,500 per QTI Job .............................................................$2,500 per job Brownfield Redevelopment Bonus Clearwater Homeless Intervention Program.................................................. $ 570,000 Clearwater Town Pond.................................................................................. $ 400,000 N. Greenwood Branch Library....................................................................... $ 300,000 Clearwater Beach Monorail........................................................................... $ 150,000 Greenwood Community Health Center.......................................................... $ 400,000 Homeland Security Volunteer Team.............................................................. $100,000.00 Emergency Operations Center...................................................................... $100,000.00 East-West Recreation Path........................................................................... $ 100,000 City of Clearwater-City Center Park.............................................................. $ 857,302 City of Clearwater RFP 40-12 www.penningtonlaw.com 37 PENNINGTON LAW FIRM Attorneys at Law City of Clearwater-Wolfe Preserve................................................................ $ 140,000 Softball Complex (FRDAP)............................................................................ $ 200,000 Clearwater East/West Trail (FRDAP)............................................................ $ 150,000 Aquatic Center (FRDAP)............................................................................... $ 200,000 Of course, success in legislative representation is measured not only in the issues which have gained legislative passage, but often in those measures which did not pass. Pennington has worked successfully to defeat or neutralize legislation on issues such as the control of solid waste recovered material, mandatory property set asides for working waterfronts and mandatory restriction of public library internet access. Pennington has been instrumental in passing and later defending the grandfather clause protecting local ordinances relating to the seasonal sale and use of fertilizer. Pennington also worked to defeat legislation that would preempt local ordinances related to transient rental property. (Remainder of page left blank intentionally) City of Clearwater RFP 40-12 www.penningtonlaw.com 38 PENNINGTON LAW FIRM Attorneys at Law 5) List of team members providing services and their experience with local Government It is anticipated that the lead team members will be Peter M. Dunbar and Martha J. Edenfield: Peter M. Dunbar served five terms in the Florida House of Representatives representing portions of Pinellas and Pasco Counties before joining the Office of the Governor in 1988 as General Counsel and Director of Legislative Affairs. He served as the Governor's Chief of Staff during the transition x�ss g period between Governor Martinez and Governor Chiles, and he has also served as the General Counsel for the Department of Financial Services. He has been with Pennington since 1991 and is a member of the Executive 1 Committee of the Firm. He is a past member and former Chairman of the Florida Commission on Ethics, and he served as interim General Counsel for the West Coast Regional Water Supply Authority, as the Pasco County Attorney from 1973 to 1975, and as the Chairman of the Pasco County Charter Commission. Pete has represented the City of Clearwater since 1996. He is an honors graduate of the FSU College of Law, a member of the American College of Real Estate Lawyers, and an AV-rated lawyer by the Martindale-Hubbell Law Directory. Mr. Dunbar has represented local government entities dating back to his service as Pasco County Attorney in 1973. Ms. Edenfield has represented local governments in various capacities before the Florida Legislature, state agencies and the Governor and Cabinet since 1984. Mr. Dunbar and Ms. Edenfield have extensive experience with local government in representing the City of Clearwater since 1996 and in that representation have worked on and achieved numerous successes before the legislature and state agencies, many of which are referenced throughout this response. City of Clearwater RFP 40-12 www.penningtonlaw.com 39 PENNINGTON LAW FIRM Attorneys at Law Martha J. Edenfield entered the private practice of law in Tallahassee in 1984, and has gained a wide variety of r' experience representing clients before the Florida Legislature, the Governor, the Cabinet, and state agencies, ftv having served as Legal and Governmental Counsel for ' agriculture trade groups, industrial associations, medical doctors and local governments. Martha has represented public sector and private sector clients before the Florida �►e „; ,� Legislature since 1986 and before Executive Agencies, including the Florida Governor and Cabinet since 1984. She joined the Pennington Firm in 1996 and has received an AV ®: rating from the Martindale-Hubbell Law Directory. Martha has been recognized as one of Florida's "Legal Elite" by Florida Trend Magazine. She has represented the City of Clearwater since 1996, Pinellas County since 2002 and Citrus County since 2011. Additional team members available to work on issues on behalf of the City include: Samuel P. Bell III served seven terms in the Florida House W representing Volusia and Flagler Counties and was Majority Leader, Rules Chairman, Commerce Committee Chairman and Appropriations Chairman. He was the Managing Partner of Cobb, Cole & Bell in Daytona Beach and a member of that firm from 1964 until January of 1998 when he joined the Pennington firm. Sam was a member of the initial Charter �f Commission in Volusia County. Sam served as Chairman of the Local Government Study Commission II which reported its findings to the Florida Legislature. He has held numerous positions at the local government level over his 40 years of law practice. Sam has represented many local government entities and currently represents Volusia County, the City of Ormond Beach, the City of South Daytona and the City of Palm Coast. Sam has received an AV rating from the Martindale-Hubbell Law Directory. City of Clearwater RFP 40-12 www.penningtonlaw.com 40 PENNINGTON LAW FIRM Attorneys at Law Douglas S. Bell received his Bachelor of Arts degree from the Florida State University in 1991 and his Juris Doctorate degree from the Nova Southeastern Shepard Broad Law School in 1995. In 1995 Mr. Bell joined the Daytona Beach law Firm of Cobb Cole & Bell where he focused on estate planning and real property law. In January, 1998 Mr. Bell joined Pennington, Moore, Wilkinson, Bell & Dunbar P.A. As a shareholder with the Firm, Mr. Bell's practice concentrates primarily on governmental affairs law. Mr. Bell has extensive experience in representing local governments including Volusia County, Palm Coast, City of South Daytona and the City of Ormond Beach. Mr. Bell is the past chair of the Tallahassee Community College Foundation, a member of the Tallahassee Area Visitors and Convention Bureau Board of Directors, and immediate past chairman of the Tallahassee Ronald McDonald House Charities. Mr. Bell has received an AV rating from the Martindale-Hubbell Law Directory. % Marc W. Dunbar served as the Assistant General Counsel and Communications Director for the Florida Department of State from 1995 to 1997. During his tenure with the Department of State, he was recognized for his outstanding public service with a Davis Productivity Award. Marc has recently been recognized by his peers as a member of Florida Trend's "Legal Elite" as one of the top lawyers in his field in Florida. Marc is active in Republican politics as a campaign manager, consultant, fundraiser and elections lawyer. Since joining Pennington in 1997, his area of practice now concentrates on administrative and governmental law. City of Clearwater RFP 40-12 www.penningtonlaw.com 41 PENNINGTON LAW FIRM Attorneys at Law Mark K. Delegal practices administrative, regulatory, and governmental/ legislative law, providing representation to businesses, local governments, insurers and health care providers, including hospitals and health care systems. On behalf of local governments, Mark has developed a substantial knowledge base in Medicaid, building code, county administration, and appropriations issues. Mark is the former General Counsel and Plan Manager for the Florida HMO guaranty fund, known as the Florida HMO Consumer Assistance Plan. is Kevin X. 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, and with the Pennington firm since 1998, he represents a wide array of business interests before the Florida Legislature, its administrative agencies and the judicial system. Kevin has received an AV rating from the Martindale-Hubbell Law Directory. City of Clearwater RFP 40-12 www.penningtonlaw.com 42 PENNINGTON LAW FIRM Attorneys at Law 1+' Howard "Gene" Adams has been in the Florida legislative process for over 30 years. He has served in various House staff positions, was Director of Legislative Affairs and Deputy Chief of Staff under Governor Bob Graham, and was Chief Cabinet Aide for Attorney General Bob Butterworth. Most recently, Gene served as Vice President of Governmental Affairs for the Florida Association of Realtors for 12 years. Gene joined the Pennington Firm in 2005. } >1 Joshua Aubuchon joined the Pennington Firm's Governmental and Legislative Affairs practice in 2009 and works with a number of gaming and pari-mutuel clients. He also works in the areas of alcohol beverage law and real property and housing law. Previously, Mr. Aubuchon interned for the Senate Committee on Regulated Industries as a legislative analyst and was a law clerk for the Division of y Alcoholic Beverages and Tobacco. City of Clearwater RFP 40-12 www.penningtonlaw.com 43 PENNINGTON LAW FIRM Attorneys at Law J. Steven Roddenberry (Special Consultant) served in various positions within the Department of Banking and Finance and the Department of Insurance and was a highly regarded regulator for 20 years prior to joining the Pennington Law Firm in 2003. Steve is extremely knowledgeable on all banking and insurance matters and is a key member of the Firm's Governmental and Legislative Affairs practice group. (Remainder of page left blank intentionally) City of Clearwater RFP 40-12 www.penningtonlaw.com 44 PENNINGTON LAW FIRM Attorneys at Law 6. List of Clients for 2011/12 Names of Clients Name of Agencies American Council of Independent Laboratories Legislative & Executive AMEX Assurance Company Executive Branch Anesthesiologist Professional Assurance Co. Legislative & Executive Albriton Insurance Services, LLC Executive Branch American Association of Insurance Services Executive Branch American Express Executive Branch American Express Travel Related Service Company Inc. Legislative Branch Anesthesiologist Professional Assurance Co. Legislative & Executive Auto Club Insurance Company of Florida Executive Branch Avis Budget Group Legislative & Executive Bally Technologies, Inc. Legislative & Executive Bankers Life Insurance Company Executive Branch Behavior Analyst Certification Board Legislative & Executive B.J. Alan Companies Legislative & Executive Central United Life Insurance Company Executive Branch Cincinnati Insurance Companies, The Executive Branch Citrus County Board of County Commissioners Legislative & Executive City of Clearwater Legislative & Executive City of Ormond Beach Legislative & Executive City of Palm Coast Legislative & Executive City of South Daytona Legislative & Executive CLVL Solutions, Inc. Legislative & Executive Coastal Conservation Association Florida Legislative & Executive Coca-Cola Refreshments USA, Inc. Legislative & Executive Conference of Circuit Judges of Florida Legislative & Executive Daiichi Sankyo, Inc. Legislative & Executive Deanne's Office &Computer Supply, Inc. d/b/a DOCS Legislative Branch Doctors Company, The Executive Branch Endurance American Insurance Company Executive Branch Endurance Reinsurance Corporation of America Executive Branch FCCI Insurance Group Legislative & Executive First Floridian Auto & Home Insurance Company Executive Branch First Professionals Insurance Company Legislative & Executive Florida Association of Realtors Legislative & Executive Florida Brewers Guild Legislative Florida Chamber of Commerce Legislative & Executive Florida Chapter of AAP/Florida Pediatric Society Legislative & Executive Florida Children=s Services Council, Inc. Legislative & Executive Florida Citrus, Business & Industries Fund Executive Branch Florida Feed Association Legislative Branch Florida Governmental Utility Authority Legislative Branch Florida Justice Reform Institute Legislative & Executive Florida Optometry Eye Health Fund, Inc. Legislative City of Clearwater RFP 40-12 www.penningtonlaw.com 45 PENNINGTON LAW FIRM Attorneys at Law Names of Clients Name of Agencies Florida Outdoor Advertising Association Legislative & Executive Florida Pinball &Amusement Association, Inc. Legislative Florida Physical Therapy Association Legislative & Executive Florida Portable Building Manufacturers Association Legislative & Executive Florida Recreational Vehicle Trade Association Legislative & Executive Florida Sheriff's Self Insurance Fund Legislative & Executive Florida Sheriff's Workers Compensation Self Insurance Fund Legislative & Executive Florida Sheriff's Auto Risk Program Legislative & Executive Funeral Services, Inc. Legislative & Executive Gulfstream Park Racing Association, Inc. Legislative & Executive Hanover Insurance Company, The Executive Branch Healthcare Resource Development, Inc. Legislative Home State Insurance Group, Inc. Executive Branch Hudson Insurance Company Executive Branch Hudson Insurance Group Executive Branch Insurance Services Offices, Inc. Legislative & Executive John Alden Life Insurance Company Executive Branch Lost Tree Village Property Owners=Association Legislative Branch MAG Mutual Insurance Company Legislative & Executive McDonald's Corporation Legislative & Executive Marriott International, Inc. Legislative & Executive Marriott Vacations Worldwide Corporation Legislative Medico Insurance Company Executive Branch MEDJETAssistance LLC Executive Branch Mutual of Omaha Executive Branch National Association of Industrial &Office Properties Legislative & Executive New York Life Insurance Company Legislative & Executive Ocean Conservancy Executive Branch Old Republic National Title Insurance Company Legislative & Executive Parkway Maintenance & Management Company Legislative & Executive Pinellas County Board of County Commissioners Legislative & Executive Polaris Industries, Inc. Legislative & Executive Preferred Governmental Insurance Trust Legislative & Executive ProAssurance Corporation Legislative & Executive Professional Security Insurance Company Legislative & Executive Progressive Insurance Company Legislative & Executive QBE Insurance Company Legislative & Executive Real Property, Probate &Trust Law Section Legislative & Executive Safety Net Hospital Alliance of Florida Legislative & Executive Shands Teaching Hospitals & Clinics, Inc dba Shands HealthCare Legislative Branch Shuffle Master, Inc. Legislative & Executive State Farm Florida Insurance Company Legislative & Executive State Farm Mutual Automobile Insurance Companies Legislative & Executive Stewart-Marchman-Act Behavioral Healthcare Legislative & Executive Stronach Group, The Legislative & Executive City of Clearwater RFP 40-12 www.penningtonlaw.com 46 PENNINGTON LAW FIRM Attorneys at Law Names of Clients Name of Agencies Tallahassee Memorial Healthcare Legislative Branch Tampa Bay Water Legislative & Executive Teaching Hospital Council of Florida, Inc. Legislative & Executive Time Insurance Company Executive Branch Universal of North America Insurance Company Executive Branch Universal Property and Casualty Insurance Company Legislative & Executive Volusia County Legislative & Executive Westcor Land Title Insurance Company Legislative & Executive Xactware Solutions, Inc. Legislative & Executive Updated (September 2012) (Remainder of page left blank intentionally) City of Clearwater RFP 40-12 www.penningtonlaw.com 47 PENNINGTON LAW FIRM Attorneys at Law C. Work Plan 1. Approach to Scope of Services A. Ability to maintain a presence in Tallahassee on behalf of the City of Clearwater and an office located in Tallahassee Pennington, Moore, Wilkinson, Bell & Dunbar, P.A., is one of the leading law firms in Florida in the areas of strategic planning, lobbying, and governmental relations. The Pennington Firm or "Pennington" as we are known around the Capitol has a diverse client base which includes Fortune 50 companies, statewide non-profit organizations and associations, as well as a variety of governmental and municipal entities. Pennington provides clients with legal expertise and experience in the areas of litigation; legislative and governmental affairs; corporate, land use, environmental, local government, administrative, public utilities, health care, real property, and tax law; estate planning and probate. The Pennington Firm is a Florida corporation originally founded in 1972 with approximately 37 professionals, including 10 members of its Governmental and Legislative Affairs practice group, and approximately 40 support staff. The Pennington Firm holds all requisite licenses and credentials to engage in lobbying activities and in the practice of law, and keeps current in its registration for lobbying requirements, as well as any reporting requirements for gifts and expenditures. Further, the Pennington Firm and its members are governed by the Rules of Ethics of the Florida Bar, including those relating to confidentiality, identifying conflicts, and notifying clients of conflicts. Pennington has an "AV" rating in the national Martindale-Hubbell Legal Directory — the highest rating possible based on a firm's professional qualifications and ethics. We have a depth of legislative and regulatory experience that only a firm rooted in Tallahassee for the past four decades can offer its clients. Our attorneys and special consultants — many of whom served as state legislators, corporate general counsel, executive branch and senior legislative staffers, and government general counsels — have a proven track record of effectively influencing government policy through strategic governmental representation. The Pennington Firm will undertake lobbying services on behalf of the City from its main offices, located within a block of the Capitol building in Tallahassee, Florida. The Pennington Firm has the capability to communicate effectively with the City concerning City of Clearwater RFP 40-12 www.penningtonlaw.com 48 PENNINGTON LAW FIRM Attorneys at Law its needs and interests. The Firm's 10 full-time Tallahassee-based lobbyists will provide the City with year-round contacts to legislators and, just as importantly, legislative staff. Although the current corporate organization of Pennington was established in 1993, the founding members of Pennington have been practicing together as a Tallahassee law firm since 1972. Pennington 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; patents and intellectual property; real property, including condominium and homeowners' association law; tax, estate planning, probate; health care; insurance; sports and entertainment; lobbying; and public utilities law. Pennington practices statewide, representing public and private entities with diverse interests in Florida and throughout the United States and Canada. We practice before all state agencies and regional regulatory bodies, including all 5 water management districts, and represents clients before local governments throughout the state. In 1999, we opened our Tampa Office to serve the growing list of clients from the Tampa Bay Area. It is expected that the services described in this RFP would be performed using the Tallahassee office. PENNINGTON, MOORE, WILKINSON, BELL & DUNBAR, P.A. Post Office Box 10095 (32302-2095) 215 South Monroe Street, 2nd Floor Tallahassee, Florida 32301-1839 (850) 222-3533 (850) 222-2126 (facsimile) For informational purposes, the Firm's Tampa office address is as follows: PENNINGTON, MOORE, WILKINSON, BELL & DUNBAR, P.A. 2701 North Rocky Point Drive, Suite 900 Tampa, Florida 33607-5975 (813) 639-9599 (813) 639-1488 (facsimile) City of Clearwater RFP 40-12 www.penningtonlaw.com 49 PENNINGTON LAW FIRM Attorneys at Law B. Ability to provide timely information, assessments and reports of the state legislative budgetary and regulatory issues affecting the City including regular updates on City related issues We offer the City a range of policies, procedures, and techniques to be used in performing the scope of services required. These include the capability to communicate effectively with the City, the ability to draw on years of experience to recommend pro- active strategies to benefit the City, the depth and experience to advocate for the City on any issue, and the ability to provide in-depth research and complicated legislation drafting service to the City. Functioning as a true team, the Firm's policy and practice is to assign client issues and tasks to Pennington member(s) with the most experience, best contacts and overall capabilities to perform the task. Much of the Legislature's agenda is established and its business addressed during Interim Committee weeks prior to session. Pennington covers all Interim Committee weeks and any Special Session. The Pennington Governmental and Legislative Affairs Practice Group meet weekly to schedule coverage of issues and interim committee meetings. Each client will have a specific legislative affairs team assigned as the lead client contact. Once the team is formed, specific issue, general subject matter and administrative assignments are made. Administrative assignments include primary contact person for the client, bill tracking, calendar development, and report preparation. The entire Governmental and Legislative Affairs Practice Group meets together at least weekly during the session, and members from the various teams meet at least daily. All Governmental and Legislative Affairs Practice Group members are familiar with all client issues so that they are able to share pertinent information with the appropriate team leaders. A team leader is responsible for management of strategy, internal communication, task assignments and oversight of team members. Team members are responsible for appropriately and effectively carrying out assignments and internal communication. This approach ensures that no client priority is overlooked. Key to effective representation will be the establishment of clear lines of communication between the client and the Firm. During the legislative session, we are available days and nights, 7 days a week to respond to any calls, a-mails or texts from the City Commission or designated City staff. Pennington is result oriented and will devote the hours as necessary to achieve the legislative goals of the City. City of Clearwater RFP 40-12 www.penningtonlaw.com 50 PENNINGTON LAW FIRM Attorneys at Law To facilitate immediate contact when necessary, Pennington will provide the City with a list of the cellular and office telephone numbers, e-mail addresses, and other key contact information. While the Legislature is not in session, Pennington will report via conference call or written updates to the appropriate City officials on an as needed basis to share information, provide updates and progress reports, discuss strategy and goals, and assign coverages. All 10 lobbyists of the Pennington Firm will be at the Capitol during session covering meetings of interest to the client and coordinating as needed with The City staff and other Firm members. While our lawyers and consultants are at the Capitol, our direct support staff of 4 administrative assistants, 2 receptionists, as well as paralegals, law clerks and runners, assist from the office. Using a true team approach for clients, we provide 100% coverage of client issues. Due to simultaneous scheduling of House and Senate committee hearings, it is difficult for one lobbyist to effectively cover all of the issues and meetings that relate to the client's issues. Pennington effectively uses our depth of professional talent to ensure that nothing is overlooked. As a Tallahassee based firm, the Pennington Firm does not have to contend with any travel issues and is able to be in any state office within 30 minutes. Our Tallahassee offices are literally a few hundred feet from the Capitol building, allowing us to respond to emergency issues on behalf of the City, whether the issue arises during session or in the interim, quickly and efficiently. Pennington maintains excellent legal and administrative resources bolstering the Firm's ability to draft complicated pieces of legislation. Pennington prides itself on its lawyers and former legislative staff members who have drafted some of the most complex legislation considered in recent decades. Pennington is equipped to handle client legislative research requests. The Firm's advanced research capabilities include utilization of the latest legislative and legal research technologies to track City-related issues and identify emerging opportunities which might impact the City. These include online access to legislative information via Online Sunshine, Westlaw and other Internet resources. Pennington subscribes to the LobbyTools legislative tracking system. This system allows Pennington to set up accounts for each client and track electronically the movement of legislation through the process. Further, the system can be programmed City of Clearwater RFP 40-12 www.penningtonlaw.com 51 PENNINGTON LAW FIRM Attorneys at Law to e-mail or page the Firm's lobbyists anytime important legislation is acted upon. The system provides us access to all filed legislation, summaries of bills, and bill analyses. LobbyTools also scans all legislation for amendments to statutes that impact the City and will notify Pennington of such activity. Pennington is prepared to obtain documentation and research materials and deliver materials at the request of the City. While Pennington represents numerous governmental entities and private concerns, each of these representations varies in scope and complexity. By utilizing a team approach to lobbying, Pennington ensures that all client projects receive the requisite time, resources and management attention. C. Ability to Effectively Communicate City Council Positions to the Legislature, the Administration and State agencies Pennington employs a multi-tiered approach to its organization and management of the issues of a particular client. We will evaluate the client's issues and assign a team of lobbyists. Issues are then broken down by subject matter, and in assigning the lobby team, Pennington will weigh factors such as the scope and complexity of the issues, whether there are non-firm members on a larger lobby team, a particular lobbyist's experience in certain areas and relationships with particular members and committee staff, and other miscellaneous factors. Once the team is formed, specific issue, general subject matter and administrative assignments are made. Administrative assignments include primary contact person for the client, bill tracking, calendar development, and report preparation. The entire Pennington Governmental Affairs and Legislative Practice Group meets together at least weekly during the session, and Firm members from the various teams meet at least daily. All practice group members are familiar with all client issues so that they are able to share pertinent information with the appropriate team leaders. A team leader is responsible for management of strategy, internal communication, task assignments and oversight of team members. Firm members are responsible for appropriately and effectively carrying out assignments and internal communication. Pennington's full range of lobbying legislative counsel and advocacy services include regularly meeting with the individual members of the Legislature from every area of the state in order to clearly articulate and advocate the City's position on issues. We are available to appear and testify at Legislative Committee hearings on behalf of the City in support of or in opposition to legislation. Each and every member of Pennington is City of Clearwater RFP 40-12 www.penningtonlaw.com 52 PENNINGTON LAW FIRM Attorneys at Law available to attend and appear before committee meetings on behalf of the City as assigned. Pennington has the ability and skill to work with legislative bill drafting offices to prepare proposed legislation and amendments in the correct form and format. As part of our issue advocacy, we regularly prepare white papers and issue summaries to assist legislators and staff through clear and concise explanations of often complex issues. Pennington will monitor and review all substantive floor amendments and bills, and will prepare reports advising the City of the status of legislation and the City's issues during the legislative session. At the direction of the City, Pennington will schedule meetings for the Mayor, members of the City Council, City Manager or City Legislative staff with members of the Legislature, the administration and with state agency representatives to discuss the issues of interest and importance to the City. Pennington will provide information and counsel on the timing, key points and subject matter to be discussed at these meetings. Pennington will also advise as to the timing and importance of writing letters in support of opposition of an issue. Each and every member of the Pennington Firm is available to work on issues based on the needs and best interests of the client. Often, relationships and contacts with the legislators and the staff are as important as knowledge of the issues. The depth of talent on the Pennington Firm allows for coordination of the best contact person(s) with those with knowledge of the issue in order to gain the best access point and messenger to get the interests of the client presented to the appropriate decision maker. We will coordinate with the City staff and any and all team members, as needed. Team members will be assigned to handle certain issues based upon individual expertise and unique legislative contacts. The City of Clearwater team leaders will include Pete Dunbar and Martha Edenfield. However, Pennington will engage its entire governmental affairs section for the City as needed. These additional members are Sam Bell, Doug Bell, Marc Dunbar, Mark Delegal, Kevin Crowley, Gene Adams, Joshua Aubuchon and Steve Roddenberry. With over 200 years of combined governmental experience as legislators serving on or chairing all of the different committees, legislative staff serving for various committees, administrative staff overseeing a whole host of issues, and as private lobbyists representing a wide spectrum of corporate, not-for-profit and governmental clients, City of Clearwater RFP 40-12 www.penningtonlaw.com 53 PENNINGTON LAW FIRM Attorneys at Law Pennington has a broad range of experience and expertise. We recognize the value of coordination with other stakeholders such as the Florida League of Cities and the Florida Shore and Beach Preservation Association, to create a team of representatives for client needs. We are driven to success by achieving the desired result for the client, not by seeking recognition or credit for the accomplishment. As lawyers, we are specifically trained to find answers and solve problems, including creating programs and drafting legislation to implement the legislative goals of the City. D. Ability to provide timely information and advice on state funding to support City Programs and facilitate consideration of applications, support grant application funding, ability to spearhead and seek grant opportunities Pennington will identify and notify the appropriate City 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 other areas that may be of interest to the City. Pennington will work with City Department heads and staff to spearhead efforts to seek demonstration grant opportunities for funding the City's priorities. Pennington also will work closely to assist the City in obtaining state permits and grants as well as helping to identify grant opportunities. Pennington always strives to get the best for its clients by creating a proactive atmosphere for the client. 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, Pennington created a strategy for client success in the next session. Drawing on the legislative experience of drafting and passing the first publicly funded sports stadium in Florida's history and the knowledge of various tax incentive/credit programs, we found an untapped source of tax credits and drafted detailed legislation for a new statewide program to use these tax credits for the benefit of Clearwater. Pennington worked with affiliated spring training venues 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. City of Clearwater RFP 40-12 www.penningtonlaw.com 54 PENNINGTON LAW FIRM Attorneys at Law As another example of the Firm's creative initiative, Pennington was successful in passing legislation which granted a statutory 35-year submerged land lease to the City of Daytona Beach at a nominal cost for the lands underlying the historic Daytona Beach pier. We assisted the City of Daytona Beach in its application for funding 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. E. Ability 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 Firm's experience as a longtime presence in the Tallahassee legal and lobbying arena has led to close relationships with key advocacy groups, including the Florida League of Cities (FLC). In the past, the Pennington Firm has represented the FLC as Tallahassee legal counsel. Pennington works closely with and enjoys strong ties developed over several decades with the FLC Government Affairs and Legal Team, including Mike Sittig, Chip Morrison, John Thomas, Scott Dudley and Kraig Conn. The Firm's lobbyists and lawyers work in conjunction with the FLC in advocating on issues affecting cities, including attending meetings to brief and coordinate with outside counsel. These issues have included tax reform, local option tourist development tax issues, affordable housing, working waterfronts, solid waste franchising, cell tower site issues, Hometown Democracy and water resource development. Pennington would continue to attend and participate in the meetings with the FLC as directed by the City. The Firm's Tallahassee location and legal expertise in Administrative Law is a valuable asset in coordinating with the FLC for opposition or support relating to agency rules or regulations affecting cities. F. Ability to review and provide advice on the development of the City of Clearwater's State Legislative Program The Pennington Firm consists of former legislators, former legislative staff and former executive agency staff. The depth of the experience in the legislative process and in governmental consulting provided by the Pennington Firm makes it unique among lobbying firms. City of Clearwater RFP 40-12 www.penningtonlaw.com 55 PENNINGTON LAW FIRM Attorneys at Law For virtually any issue that arises, at least one member of Pennington has worked on a related issue. It is not at all unusual for members of Pennington to have authored or previously sponsored particular legislative programs which may be an issue in any given legislative session. Pennington has the experience to identify issues and recommend proactive legislative strategies that will benefit the City. With such a large, full-time lobby team based in Tallahassee representing a broad spectrum of clients with a wide array of issues, Pennington often is aware of potential legislation and opportunities well before the general public. If relevant to the City, these opportunities would be presented to the City, and Pennington would assist with the development of strategies to take advantage of such opportunities. Because of the depth of the Firm's collective experience as legislators, lawyers, lobbyists, and legislative staff, it has a keen understanding of what works and what does not work in the legislative arena. Pennington monitors the political issues of that may be surfacing in the state in the off- season and will keep the City apprised of those issues which may be an indication of the areas of interest for the upcoming Session. Pennington also works closely with Committee Staff in the off season to monitor Interim Projects. These projects often are the best signals of areas of interest to the Legislative Leadership and may indicate the issue areas in which the City should focus in developing its Legislative Agenda. Pennington reviews and tracks each Interim Project and will report to the City any developments of interest. In assisting to develop and review the City's annual legislative agenda, Pennington will use its wealth of experience to assist with the initial development and any necessary modifications to the City's agenda to ensure success this year and in the years to come. G. The ability to travel to Clearwater as directed The members of Pennington are available, willing and able to travel to Clearwater as directed and as deemed necessary to provide the services as contemplated by the City. This includes availability to attend attending the meetings of the Pinellas Legislative Delegation. Pennington has strong ties to the Tampa Bay/Clearwater area including an easily accessible office located on Rocky Point. Firm members frequently travel to the Tampa area for client and firm related business and are available to meet with Council City of Clearwater RFP 40-12 www.penningtonlaw.com 56 PENNINGTON LAW FIRM Attorneys at Law members and Department heads as often as the City deems appropriate, including pre- session planning meetings as needed, post-session reporting and attending Pinellas Delegation meetings. During election years, the members of the Firm's Tallahassee office are frequently in the Tampa Bay area to meet with candidates and deliver campaign checks. Again, Pennington members will make themselves available to meet with appropriate City personnel and officials in conjunction with these frequent trips. H. The ability to provide written status reports on the State Legislative Agenda The Pennington Firm will provide the City with all the information needed to make time sensitive decisions. Pennington will submit periodic status reports and bill tracking charts to the City's designated contact person(s) during the legislative session at an agreed to interval, and Pennington will submit written reports while the Legislature is not in session. Effective and timely reporting is an essential part of successful legislative representation. The regular written reports will provide an update on the status of all issues monitored on behalf of the City, including actions taken on behalf of the City and any necessary recommendations for future actions. The written reports during off-session periods will generally provide an update on task forces, administrative law matters, any relevant legislative matters, and any other meetings, hearings, proceedings or other information of interest to the City. Written reports regarding potential legislation or other opportunities will be sent when any concepts or opportunities arise. All verbal reports will be given to the City's Legislative Affairs Director or other designated individual. Conference calls on issues that need a quick response and action plan will be coordinated through the City's Legislative Affairs director or their designee. Upon request by the City, Pennington will forward all required reports to the appropriate county staff and officials in the number of copies as requested by the City. Pennington will appear before and present an annual post-session report outlining the final status of the issues of interest to the City. City of Clearwater RFP 40-12 www.penningtonlaw.com 57 PENNINGTON LAW FIRM Attorneys at Law 2. Resumes and detailed qualification information on the key personnel who will be assigned to this project Each and every one of the Firm's 37 lawyers and consultants are available to the 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, Pennington has a staff of 2 law clerks, 3 paralegals, 20 administrative assistants and 4 runners which function as a team to perform services on behalf of the client. As members of the Florida Bar, we are held to the Florida Bar's ethical and legal standards, including client confidentiality and malpractice standards, and we are subject to Bar sanctions and discipline up to and including disbarment should a member violate their oath to perform as an officer of the Court. There are 10 lawyers and consultants who will concentrate on governmental, legislative and regulatory representation of the City. SHAREHOLDERS 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. Dunbar served 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. Mr. Dunbar joined the Pennington, Moore, Wilkinson, Bell & Dunbar Firm in 1991 after leaving the Governor's Office and his practice now concentrates on matters of administrative, telecommunications and governmental law. Mr. Dunbar served as a member of the Florida Commission on Ethics, as General Counsel to the Florida Department of Financial Services, as a member and chairman of NOAA Sea Grant Review Panel of the U.S. Department of Commerce, as a member of the Florida Judicial Council, as a board member of the Collins Center for Public Policy, as the interim general counsel of the West Coast Regional Water Supply Authority, and as the Pasco County Attorney. Mr. Dunbar is the author of four 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 AV rating from the Martindale- Hubbell Law Directory. City of Clearwater RFP 40-12 www.penningtonlaw.com 58 PENNINGTON LAW FIRM Attorneys at Law 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. 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. In 1995, Ms. Edenfield was appointed to the Governor's Administrative Procedure Act Review Commission by Governor Lawton Chiles, which provided guidance to the Legislature for the 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 AAttorneys' 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. She has been recognized as a member of the Florida Trend "Legal Elite" for being one of the top lawyers in the State of Florida. Ms. Edenfield has received an AV rating from the Martindale-Hubbell Law Directory. 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 Director for the 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 Law Firm, rejoined Pennington in January of 1998. He has been recognized as a member of the Florida Trend "Legal Elite" for being one of the top lawyers in the State of Florida. Mr. Dunbar is licensed to practice law in Florida and before the Northern and Middle Federal District Courts. His area of practice now City of Clearwater RFP 40-12 www.penningtonlaw.com 59 PENNINGTON LAW FIRM Attorneys at Law concentrates on administrative, elections and governmental law with an emphasis on lobbying the legislature and the executive branch. HOWARD "GENE" ADAMS. Gene Adams received his Bachelor of Science Degree in Journalism from the University of Florida in 1976. He received his Juris Doctorate Degree from The Florida State University in 1980. During law school, Mr. Adams worked as a committee staff member and research assistant in the Florida House of Representatives for the House Judiciary Committee and the House Claims Committee, chaired by former Speaker of the House, James Harold Thompson. Mr. Adams entered the private practice of law with a focus in the area of municipal electric utilities and water utilities regulation before the Florida Public Service Commission. In 1984, he became Director of Legislative Affairs and later Deputy Chief of Staff for then Governor Bob Graham. His duties included direct responsibility for lobbying the Governor's program through the Legislature and policy advisement on all current matters involving the Legislature. Adams left that office in January 1987 to pursue a private practice of law where he engaged in lobbying for clients, including the City of Tallahassee, the Correctional Medical Authority and Florida Insurance Defense Lawyers Association. In 1988 Mr. Adams again entered public service as Chief Cabinet Aide for Attorney General Bob Butterworth. As Chief Cabinet Aide from 1988 through 1991, Mr. Adams' duties included direct responsibility for the review and recommendations to the Attorney General on legal and policy matters affecting the State on a wide variety of issues. These policy matters included environmental permits, natural resource protection, education matters, advisement on budgetary decisions including budget reductions and oversight of governmental agencies. Most recently Mr. Adams served as Vice President of Governmental Affairs for the Florida Association of Realtors for 12 years. There he was responsible for the legislative office of the 100,000 member association. Realtor interests included legislation affecting licensure, real estate transactions, affordable housing issues and tax and budget issues. Adams directed the legislative program, political affairs, grassroots political operation, political action committee and fundraising efforts of the association as well. Mr. Adams' practice focuses on governmental affairs, administrative law and litigation. DOUGLAS S. BELL. Mr. Bell received his Bachelor of Arts degree from the Florida State University in 1991 and his Juris Doctorate degree from the Nova Southeastern Shepard Broad Law School in 1995. In 1995 Mr. Bell joined the Daytona Beach law Firm of Cobb Cole & Bell where he focused on estate planning and real property law. In January, 1998 Mr. Bell joined Pennington, Moore, Wilkinson, Bell & Dunbar P.A. Mr. City of Clearwater RFP 40-12 www.penningtonlaw.com 60 PENNINGTON LAW FIRM Attorneys at Law Bell is a member of the Local Government and Law Firm Management sections of the Florida Bar and the American Bar Association. As a shareholder with the Firm, Mr. Bell's practice concentrates primarily on governmental affairs law. Mr. Bell is the chairman of the board of the Tallahassee Ronald McDonald House and a board member of the Tallahassee Community College Foundation. SAMUEL P. BELL III. Mr. Bell is a graduate of Dartmouth College (A.B., 1961) and Duke University (LI.B., 1964). From 1974 until 1988, Mr. Bell represented Volusia County in the Florida House of Representatives, where he rose to prominent leadership positions. He served as Majority Leader, Chairman of the Rules Committee, Chairman of the Commerce Committee and was twice Chairman of the Appropriations Committee. He was named the most respected member of the House by his colleagues. After his legislative career, Mr. Bell moved to Tallahassee and organized the Cobb, Cole & Bell Tallahassee branch office, where he continued his governmental practice. He joined the Pennington, Moore, Wilkinson, Bell & Dunbar Firm in January 1998. Mr. Bell is the former Chairman of the Advisory Board of the Institute for Child Health Policy at the University of Florida, Chairman of the Development Council for the College of Public Health at the University of South Florida, and a member of the Board of Directors of Brown & Brown Insurance Company and Food Technology Services, Inc. He is a member of the Board of the Children's Home Society of Florida and a member of the Florida Advisory Council for the Trust for Public Lands. Mr. Bell serves as President of the Florida Public Health Foundation. In both his law practice and his legislative career, Mr. Bell has maintained a strong interest in health care matters. His practice now concentrates on these and other matters of administrative and governmental law. Mr. Bell has received an AV rating from the Martindale-Hubbell Law Directory. KEVIN X. CROWLEY. Mr. Crowley received his Juris Doctor from the Florida State University College of Law with honors in 1977. After four years of private practice, he became legal counsel to the Florida Department of Natural Resources, serving first as Deputy General Counsel and then as General Counsel to the Department. In 1987, he became General Counsel to the Florida House of Representatives. In this position, he was responsible for representing the House in all legal matters, as well as acting as a liaison to the Florida Senate and the Florida Cabinet. He joined the Tallahassee office of Cobb, Cole & Bell as a shareholder in 1989; that office merged with the Pennington, Moore, Wilkinson & Dunbar Firm in 1998. Today, Mr. Crowley's practice includes representation of clients before the Legislature and government agencies, trial and administrative practice, and land use law. He also serves as General Counsel to the Northwest Florida Water Management District. Mr. Crowley has received an AV rating from the Martindale-Hubbell Law Directory. City of Clearwater RFP 40-12 www.penningtonlaw.com 61 PENNINGTON LAW FIRM Attorneys at Law MARK K. DELEGAL. Mr. Delegal was admitted to the Florida Bar and the State Bar of Georgia in 1993. Mr. Delegal graduated from the University of Florida in 1989 with a Bachelor of Arts degree from the College of Liberal Arts and Sciences, and in 1993, he graduated from Mercer University School of Law. Mr. Delegal was a member of the Mercer Law Review. He holds an AV rating from Martindale-Hubbell Law Directory. Mr. Delegal served as an intern in the White House for President George Bush. He is a former member of the Florida Bar Professional Ethics Committee, and a current member of the Health Care Law Section, and Administrative Law Section. Mr. Delegal was appointed to The Florida Bar Ethics 2000 Review Panel and The Florida Bar Special Committee to Review the ABA Model Rules 2000. As a member of the Leon County Republican Executive Committee, Mr. Delegal served as Chairman of the Issues and Policies Committee. He is currently a member of the Republican National Lawyers Association, Capital Tiger Bay Club, the Florida Chamber Board of Governors, Florida Chamber Political Institute, Florida Chamber PAC Board, the University of Florida President's Council, and Gator Booster Scholarship Club. Mr. Delegal's areas of practice include administrative and regulatory law and litigation, and representation of clients before the Florida Legislature and executive branch agencies, with an emphasis on business, insurance and health care related issues. Mr. Delegal represents local governments, businesses, hospitals, physicians, managed care organizations, life insurers, and property and casualty insurers before the Florida Legislature and executive branch agencies, including the Agency for Health Care Administration, the Department of Health, Office of Insurance Regulation and Department of Financial Services. JOSHUA AUBUCHON. Mr. Aubuchon joined the Pennington Firm's Governmental and Legislative Affairs practice in 2009 and works with a number of gaming and pari-mutuel clients. He also works in the areas of alcohol beverage law and real property and housing law. Previously, Mr. Aubuchon interned for the Senate Committee on Regulated Industries as a legislative analyst and was a law clerk for the Division of Alcoholic Beverages and Tobacco. Mr. Aubuchon received his Bachelor's degree in History and his Master's degree in Political Campaigning from the University of Florida where he was president of Florida Blue Key and a member of the University of Florida Hall of Fame. He received his Juris Doctorate from Florida State University in 2008. City of Clearwater RFP 40-12 www.penningtonlaw.com 62 PENNINGTON LAW FIRM Attorneys at Law SPECIAL CONSULTANT J. STEVEN RODDENBERRY. Mr. Roddenberry is a 1983 graduate of The Florida State University (B.S. in Business Administration). From 1983 until 2003, Mr. Roddenberry worked in various capacities with the State of Florida in the Department of Banking and Finance and the Department of Insurance (Office of Insurance Regulation). From 1983 through the mid 1990s, his work in the Department of Banking and Finance as a financial examiner, financial specialist and then as financial administrator led him to his expertise in many areas of banking and finance. His work within the Division of Banking began as bank examiner and worked up to his position as Financial Administrator where he supervised professional financial institution examiners and financial review specialists; reviewed financial institution examination reports; and developed/administered corrective action plans where appropriate. In 1994, Mr. Roddenberry was appointed Receivership Manager in the Department of Insurance's Division of Rehabilitation and Liquidation. As the court-appointed Deputy Receiver, Mr. Roddenberry supervised the rehabilitation or liquidation of struggling or failed insurance companies and self-insurance funds. In 1997, Mr. Roddenberry was hired as the Chief of the Bureau of Property and Casualty Forms and Rates in the Division of Insurer Services of the Department of Insurance. In this position, Mr. Roddenberry supervised eight property and casualty rating actuaries and their respective staffs as well as the policy and contract review analysts. Beginning in 2000, in his capacity as Deputy Director of the Division of Insurer Services, he oversaw the Department's three solvency bureaus. The responsibilities of this position included the review of examinations produced by the bureaus and the development of means to resolve concerns identified in those examinations. Likewise, applications for authority to write all lines of insurance in Florida were within the purview of Mr. Roddenberry's duties. More recently, as Deputy Commissioner of the Office of Insurance Regulation, his responsibilities included oversight of the two rating bureaus (Property and Casualty and Life and Health). In this position, Mr. Roddenberry was intensely involved in resolving significant rate and form filings submitted by insurers. Finally, over the course of the last few years with the Office of Insurance Regulation, Mr. Roddenberry developed a particular level of expertise in the areas of mold, credit scoring and medical malpractice. He joined Pennington in December of 2003 as a Special Consultant. 3. Firm Membership and Participation in Professional Associations Pennington Firm Lawyers are licensed to practice law in the State of Florida and are members of the Florida Bar Association. It should be noted that as a law firm and members of the Florida Bar, even in the area of governmental consulting, Pennington City of Clearwater RFP 40-12 www.penningtonlaw.com 63 PENNINGTON LAW FIRM Attorneys at Law and its members are governed by the Rules of Ethics of the Florida Bar, including those as to identifying conflicts of interests. Pennington keeps current in its registration for lobbying requirements, as well as any reporting requirements lobbying fees. Pennington is rated the highest rating of AV by Martindale-Hubbell, the professional rating system for law firms. The Pennington Firm a member of State Law Resources, a national network of independent law firms - one from each state and three from the District of Columbia - selected for their experience in administrative, regulatory and government relations at the state and federal level. Each firm also has unique public- and private-sector experience. Members of the Pennington Firm also hold membership in: The American College of Real Estate Lawyers The Community Associations Institute The Coastal Conservation Association The Real Property, Probate and Trust Law Section of the Florida Bar The Government Lawyers Section of the Florida Bar The Administrative Law Section of the Florida Bar The Environmental and Land Use Law Section of the Florida Bar The Labor and Employment Section of the Florida Bar The Health Law Section of the Florida Bar The Business Law Section of the Florida Bar The Tort and Insurance Section of the Florida Bar The City, County and Local Government Section of the Florida Bar The Eminent Domain Committee of the Florida Bar The Florida Association of Women Lawyers The Tallahassee Women Lawyers Association The Tallahassee Bar Association The Capitol Women's Network The American Water Resources Association The Clearwater Bar Association The Hillsborough Bar Association Leadership Florida Leadership Tallahassee The American Planning Association The American Institute of Certified Planners The Florida Land Title Association American Health Lawyers Association Health Care Compliance Association American Board of Trial Advocates Florida Defense Lawyers Association City of Clearwater RFP 40-12 www.penningtonlaw.com 64 PENNINGTON LAW FIRM Attorneys at Law Defense Research Institute The American Bar Association The Georgia Bar Association The Society for Human Resource Management The Florida Academy of Healthcare Attorneys The Florida Society of Hospital Risk Managers The Florida Hospital Association D. Financial Statement Cost Summary Annual flat fee for Legislative Services - $48,000 Actual expenses not to exceed - 4,800 Total fee and reimbursed expenses - $52,800 E. Total Cost to Perform Services The scope and complexity of the project dictate the required personnel, 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 requires, 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 clients, monitoring and lobbying on an hourly basis is unfeasible. Pennington proposes a flat fee for legislative services for each legislative cycle. Special projects not contemplated within the scope of services of this RFP will be agreed to in advance and billed separately at the Firm's current hourly rates of$125 to $300 an hour. Although we are not aware of any conflicts of interest at this time, if a direct conflict of interest in the representation of the City for lobbying services is asserted which requires the City to obtain independent representation for lobbying services, we propose that the fee for independent counsel as to the conflict issue be subtracted from the lobbying service contract fee amount. City of Clearwater RFP 40-12 www.penningtonlaw.com 65 PENNINGTON LAW FIRM Attorneys at Law The annual flat fee for legislative services will be $48,000 billed monthly in equal installments of $4000. Actual expenses will be separately billed on an itemized basis and reimbursed on an actual cost incurred based on appropriate governmental schedules. Travel and out of pocket expenses are projected not to exceed 10% of the fee amount, or $4800 and will be billed for reimbursement only after incurred. The total contract amount shall not exceed $52,800. City of Clearwater RFP 40-12 www.penningtonlaw.com 66 EXHtBIT "G" G4NTRACT AQDENDUM By mutual consent af the parties h�reto and con�istent with the enactment of revisions tc�� Sections 11.tJ45 and 112.3215 and related provisic�ns of the Flarida Sta#utes during th€;� 2005-B Special Session of #he Legislature, the cantract wi#h Pennirtgton, Moore, Wilkinson, Betl &[?unb�r, P.A. ("Penningtor��} is revised to identify the s�nrices and #h�;� cc�rnpensatian for said services ir� the folfowing categories: 1. Lobbvina before #he Legislature: The clien# and Pennington ac�r�e thal: the por�ion of time and s�rvices ur�der the Agreement that is ta be devo#ed to influencinc� or att�mptir�g to influer�ce legislative action or non-action thraugh vral or writterr cammunicatian or attempting to obtain the goodwiil of inembers of the Legislature anci emplayees of the Legislature shafl be equal to fifty percent (50%n) of fhe tatal time ancl services ta be pravided under this Ag:ceem�nt. The annual compensation to be paid fo�r� the�e services shal[ be $24,00�.0�. 2. Lobbvin� before thr� ExecutivQ Branch: The clier►t and Penningtan agreE;� that th� portion of time and senric�s und�r the Agreement that is to be deuated tcr ir�fluencing or atternpting to influence an ag�ncy with respect to a decision of the agenc�i� in the area af policy thrqugh oral or written communication or attempting to-obtain #hE: goodwill of an agency o�cial or employee shall be equal to twentk five percent (25°/a} o�f` th� total time and services to be provide+d under this Agreement. The annuat' compensation to be paid far tt�ese senrices shall be $1�,OQ0.00. 3. �iher IVon-Lobbvina Services: Th� client and Pennington �gree tha�k the por#ion of time and services under th� Agreement to be devoted 'to non-lobbyinc� services for the clie�t, its members and employees, ineluding, but not �irnited t�, �ducational written and oral �fferings and briefings, legal research, election demographic;� analysis, attendance at me�tings af the client and related travel, intergov�rnmental cQmmunications with local governments and iocal government associations and thE; �repara#ion of written opinions and xeports for #he elient, shall be e�qual to twenty fiv�: percent (25°10) of the total time and services to be pr4vided under this Agreement. Th�: annual campensation #� be paid far the�e services shall be $12,OOb.00, Exc�pt as modifi�d hereby, the terms and conditions of the contract with Pennington, MQOre, Wilkinson, Bell and Rur�bar, P.A., are ratified and confirmed to be e�Fectiv� thi�; 1�� day af October, 2012, PENNINGT4N, MQORE, V1/1LK(NS�N, BELL & DUNBAR, F'.A. By: . U�3��'�� Peter M. Dunbar CITY C}F CLEARWf�7ER