10/29/2012WORK SESSION AGENDA
Council Chambers — City Hall
10/29/2012 — 1:00 PM
1. Presentations
1.1 Police Recruits Swearing In
� Attachments
2. Economic Development and Housing
2.1 Declare list of equipment surplus to the needs of the City; authorize donation of equipment to the
InterCultural Advocacy Institute, Inc. for the purposes of the Clearwater Gateway Farmers Market;
approve Donation Agreement between the City of Clearwater and the InterCultural Advocacy Institute,
Inc.; and autharize the appropriate officials to execute same. (consent)
� Attachments
3. Financial Services
3.1 Establish the intent to reimburse certain Water and Sewer project costs incurred with proceeds of future
tax—exempt financing and adopt Resolution 12-12.
� Attachments
4. Human Resources
4.1 Approve the termination of the Administrative Agreement between the City and United States Conference
of Mayors providing for a Master Deferred Compensation Program offering voluntary individual defined
contribution retirement account plan services. (consent)
� Attachments
4.2 Approve the Administrative Services Agreement between the City and Nationwide Retirement Solutions,
Inc. providing for voluntary individual defined contribution deferred compensation retirement account
plan services and authorize the appropriate officials to execute same. (consent)
� Attachments
5. Library
5.1 Approve in concept the extension to the Interlocal Agreement for the Pinellas Public Library cooperative.
(consent)
� Attachments
6. Marine and Aviation
6.1 Authorize the adoption of Supplemental Joint Participation Agreement (JPA) Number 2 between the City
of Clearwater and the State of Flarida Department of Transportation (FDOT) amending contract AQJ28 to
include $125,000.00 in additional funding to complete scope of work, authorize the appropriate officials
to execute same, and adopt Resolution 12-21.
� Attachments
7. Parks and Recreation
7.1 Approve a one—year renewal of Blanket Purchase C�der BR 507650 with Grosz Stamper Inc. of Tampa,
FL, in the amount of $200,000 for the purchase of labor, materials and equipment to perform various
concrete projects including sidewalks, slabs, and curbs far a variety of parks and recreation maintenance
and construction projects. (consent)
L� Attachments
7.2 Award a contract to Musco Lighting of Clermont, Florida, based on Clay County Bid 08/09-3 for the
installation of a lighting system far the west baseball field at Joe DiMaggio Sports Complex, for
$134,930, approve the transfer of $13,000 from CIP 315-93604 Boardwalk and Dock Repair and
Replacement to Light Replacement and Repair CIP 315-94528 at first quarter, and authorize the
appropriate officials to execute same. (consent)
� Attachments
8. Solid Waste/General Support Services
8.1 Award a Contract (Purchase Order) for $107,757.00 to Alan Jay Automotive Netwark of Sebring, FL for
three Fard F-150 Picicup trucks with CNG (compressednatural gas), in accardance with Sec. 2.564(1)(d),
Code of Ordinances — Other Governmental bid; autho�ze lease purchase under the City's Master Lease
Purchase Agreement and authorize the appropriate officials to execute same. (consent)
� Attachments
9. Public Utilities
9.1 Award a contract renewal (blanket purchase order) to Pinellas County Solid Waste in the amount of
$250,000 for the disposal of solid waste at the Pinellas County waste to energy plant/landfill for the
period November 1, 2012 through October 31, 2013, as provided in the City's Code of Ordinances,
Section 2.564 (1) (d), Services provided by Other Governmental Entities, and authorize the appropriate
officials to execute the same. (consent)
� Attachments
10. Engineering
10.1 Provide direction on the Florida Department of Transportation's proposed concept plan for the Court
Street and Chestnut Street crossings of the East Avenue TraiL (WSO)
� Attachments
10.2 Approve a supplemental work order for $82,450 to Leggette, Brashears and Graham (EOR) of Tampa,
Florida, for project related design, permitting and bidding services to convert a Class V exploratory well
to a Class I deep injection well for disposal of Reverse Osmosis Treatment Plant by—product, and
authorize the appropriate officials to execute same. (consent)
� Attachments
10.3 Award a construction contract to Adkins Contracting, Inc, of Ruskin, Florida, in the amount of
$152,496.30 for the Ewing and Tuskawilla Storm Pipe Replacement Project (11-0061—EN), and authorize
the appropriate officials to execute same. (consent)
� Attachments
11. Official Records and Legislative Services
11.1 Approve an agreement with Pennington, Moore, Wilkinson, Bell and Dunbar, P.A. to provide lobbying
services at the state level from October 1, 2012 through September 30, 2017 at a cost of $4,000 per
month, plus expenses estimated not to exceed $4,800 per year, and authorize the appropriate officials to
eXecute same. (consent)
� Attachments
12. Legal
12.1 Adopt Ordinance 8346-12 on second reading, amen�ing the Community Development Code regarding
Public School Facilities; amending Section 4-903 todelete public school facilities from standards for
Certificate of Concurrency/Capacity; deleting Section 4-905 Public School Facilities Concurrency in i�
entirety; and amending definitions and rules in Article 8.
� Attachments
12.2 Request for authority to institute a counterclaim in the case of Sabrina Lima DeRibeiro v. City of
Clearwater, Case 12-8379CI-20, on behalf of the Ci� against Sabrina Lima DeRibeiro to recover
$4,516.20 for damages to City property. (consent)
� Attachments
13. City Manager Verbal Reports
13.1 Report to City Council on City Manager modifications to Library Fines and establishing an amnesty
period from November 5, 2012 to December 21, 2012, allowing people to provide canned goods in lieu of
payment for library fines.
� Attachments
14. Council Discussion Items
14.1 Priority Dispatch — Mayor George N. Cretekos
� Attachments
14.2 City Manager and City Attorney Increases
� Attachments
14.3 Courtney Campbell Trail Name Recommendation — Cbuncilmember Jonson
� Attachments
15. Closing Comments by Mayor
16. Adjourn
17. Presentation(s) for Council Meeting
17.1 Business, Neighborhood, and Homes of the Quarter
� Attachments
17.2 Super Boat Presentation — Brian Aungst and Fraric Chivas
� Attachments
17.3 Suncoast Jazz Classic Weekend Proclamation — J�n Dragon, Director of the Suncoast Jazz Classic
� Attachments
17.4 2012 City United Way Proclamation
� Attachments
Work Session
Council Chambers — City Hall
SUBJECT / RECOMMENDATION:
Police Recruits Swearing In
SUMMARY:
Michael J. Leonardo
Tomislav Marjanovic
Tanya Renee Reed
Review Approval:
Meeting Date:10/29/2012
Cover Memo
Item # 1
Work Session
Council Chambers — City Hall
SUBJECT / RECOMMENDATION:
Meeting Date:10/29/2012
Declare list of equipment surplus to the needs of the City; authorize donation of equipment to the InterCultural Advocacy Institute, Inc.
for the purposes of the Clearwater Gateway Farmers Market; approve Donation Agreement between the City of Clearwater and the
InterCultural Advocacy Institute, Inc.; and authorize the appropriate officials to execute same. (consent)
SUMMARY:
On September 20, 2012, the City Council accepted a grant from Communities Putting Prevention to Work
(CPPW) through the Pinellas County Health Department in an amount not to exceed $20,000 for the
purchase of equipment and marketing materials for the implementation of the Clearwater Gateway Farmers
Market. The InterCultural Advocacy Institute, Inc. (ICAI) has agreed to be the host agency and fiscal agent
of the Clearwater Gateway Farmers Market. With the grant funding, the city purchased the equipment listed
in Exhibit A. The city is declaring this equipment surplus to donate the equipment to the ICAI for the
operation of the farmers market.
The Donation Agreement outlines the terms and conditions for the donation of equipment to the ICAI. If the
ICAI discontinues being the host agency and/or fiscal agent within three years, the remaining equipment will
be returned to the city. The 2012-2013 season for t�is farmers market is expected to begin on November
17, 2012 and finish in May 2013.
The Clearwater Gateway Farmers Market meets the goals of the East Gateway Vision Plan approved by the
CRA in January 2012. The Plan calls for the creation of a walkable district and events that will attract more
visitors to the District and create activities for community interaction and economic opportunity. The farmers
market would support local businesses by expanding their customer base, creating new supply lines,
providing marketing opportunities, and improving their entrepreneurial skills. Furthermore, it would create a
unique and positive identity that revitalizes the East Gateway District and instills neighborhood pride and a
sense of ownership.
Review Approval: 1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager ED 5) City Manager 6) Clerk
Cover Memo
Item # 2
Attachment number 1 \nPage 1
DONATION AGREEMENT
IN CONSIDERATION of the terms set forth in this agreement (hereafter "Agreement")
made and entered into this day of November 2012, subject to all applicable provisions of
the City of Clearwater (hereafter "City"), and as an inducement to create and operate a farmers
market in the CRA East Gateway District, the City will donate equipment to the InterCultural
Advocacy Institute (hereafter "ICAI").
WHEREAS, the City of Clearwater received funding from Communities Putting
Prevention to Work (CPPW) through Pinellas County Health Department for the planning and
implementation of the Clearwater Gateway Farmers Market; and
WHEREAS, the Pinellas County Health Department has partnered with the InterCultural
Advocacy Institute (ICAI) and identified a need for access to affordable and locally-grown foods
by the Clearwater community, and in particular, the East Gateway and surrounding
neighborhoods; and
WHEREAS, the Vision Plan for the East Gateway District and the East Gateway Five-Year
Action Program for FY 2012-2017 support the creation of a farmers market in the district; and
WHEREAS, a farmers market in the East Gateway would support local businesses by
expanding their customer base, creating new supply lines, providing marketing opportunities,
and improving their entrepreneurial skills; and
WHEREAS, the City will have title to the equipment listed on Exhibit A(hereafter
"Equipment"); and
and
WHEREAS, the City wishes to donate the Equipment to the ICAI; and
WHEREAS, the ICAI will be the fiscal agent for the Clearwater Gateway Farmers Market;
WHEREAS, the ICAI wishes to accept the Equipment under the following terms and
conditions.
NOW, therefore the parties agree to the following terms of such donation:
1. The ICAI will create and maintain the Clearwater Gateway Farmers Market inside the
CRA East Gateway District for the term of this agreement.
Item # 2
Attachment number 1 \nPage 2
2. The City agrees to donate the equipment identified in Exhibit A as attached hereto at
no cost to the ICAI.
3. The ICAI agrees to accept the equipment in "AS-IS", "WHERE IS" and "WITH ALL
FAULTS" condition. Said equipment is provided without any warranty whatsoever
either express or implied, or statutory, including without limitation, any implied
warranties of inerchantability or fitness for a particular purpose.
4. The ICAI will use the Equipment primarily for the operation and implementation of
the Clearwater Gateway Farmers Market.
5. The City will deliver the Equipment to the ICAI at an agreed upon location.
6. If the ICAI discontinues being the host agency and/or the fiscal agent of the
Clearwater Gateway Farmers Market within three years of this Agreement, the
Equipment, or remaining equipment, based on normal wear and tear, shall be
returned to the City.
7. The ICAI agrees to defend, indemnify and hold the City harmless for any action
arising from the ownership, use, operation or possession of the Equipment after the
ICAI takes possession.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first
hereinabove written.
Witness:
Print Name
INTERCULTURAL ADVOCACY INSTITUTE, INC.
:
2
Sandra Lyth, CEO
Item # 2
Countersigned:
George N. Cretekos
Mayor
Approved as to form:
Pamela K. Akin
City Attorney
CITY OF CLEARWATER, FLORIDA
By:
William B. Horne II
City Manager
Attest:
Rosemarie Call
City Clerk
3
Attachment number 1 \nPage 3
Item # 2
PDFConvert.17755.1.Equipment_ =Exhibit_A_101512
EXHIBIT A
TO DONATION AGREEMENT
Description Quantity
Pop-Up Tents 15
Weight Bags 4 pack for pop-up tents 15
Lifetime Folding Chairs 32 pack with Cart 2
Lifetime rectangular banquet tables 22 pack with cart 1
Lifetime Rolling Table Storage Cart 1
GFCI Quad Box (4 Outlet - Outdoor Power Strips) 4
Industrial water hose 1
Convertible hand truck S00 - 1000 Ib capacity 1
Cash Box 1
Mobile Work Box with wheels 1
Heavy Duty Extension Cords 4
36" 12# F.D.O.T. Reflective Cone 45
24x24 EGP No Right Turn Sym 1
24x24 EGP No Left Turn Symbol 1
EGP 48"x30" EGP Road Closed 2
Mesh Spring Sign Stand 2
Custom Mesh Sign ( ROAD CLOSED AHEAD ) 2
30x24 EGP Detour ----> 1
30x24 EGP Detour <------ 1
21x15 EGP -----> 4
2 15 EGP <----- 2
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Work Session
Council Chambers — City Hall
SUBJECT / RECOMMENDATION:
Meeting Date:10/29/2012
Establish the intent to reimburse certain Water and Sewer project costs incurred with proceeds of future tax—exempt financing and adopt
Resolution 12-12.
SUMMARY:
A Water and Sewer rate study was completed in June 2011 and resulted in the City Council approving reductions in previously
approved rate increases in Fiscal Year 2012 and Fiscal Year 2013 from 6% each year to 4.5%. Additionally the Council approved rate
increases of 4.5% each for Fisca] Year 2014, Fiscal Year 2015 and Fiscal Year 2016. These rate increases are suf�cient to provide for
operations, capital projects, and debt service on bonds during this time period.
A limited rate study update was completed in June 2012, which identified a need for approximately $177.3 million in capital projects
from Fiscal Year 20l 3 through Fiscal Year 2018, with bonds to be issued in Fiscal Year 2014 for projects costing approximately $33
million and in Fiscal Year 2016 far projects costing approximately $42 million.
The Fiscal Year 2014 bond issue of approximately $33 million will partially finance the projects totaling $43.9 million on the attached
list. In addition to the bond proceeds, rate revenues, grants, impact fees and R and R revenues will provide the balance of the project
funding. The date of bonds issuance will be deterrnined at a later date based on market conditions. The Water and Sewer fund will be
incurring expenses on these projects prior to the issuance of the bonds. This reimbursement resolution will allow the City to be
reimbursed from the Bond proceeds.
The 2012 limited rate study update verified that the approved rate increases for Fiscal Year 2013 through Fiscal Year 2016 of 4.5% each
year is sufficient, and annual increases of 4.5% for several years following Fiscal Year 2016 would also be sufficient to provide the
revenue needed for operations, projects and debt service.
Type:
Current Year Budget?:
Budget Adjustment Comments:
Current Year Cost:
Not to Exceed:
For Fiscal Year:
Debt-Bond
None Budget Adjustment:
to
Annual Operating Cost:
Total Cost:
None
Review Approval: 1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager 5) City Manager 6) Clerk
Cover Memo
Item # 3
Attachment number 1 \nPage 1
RESOLUTION NO. 12-12
A RESOLUTION OF THE CITY OF CLEARWATER,
FLORIDA ESTABLISHING ITS INTENT TO
REIMBURSE CERTAIN PROJECT COSTS
INCURRED WITH PROCEEDS OF FUTURE TAX-
EXEMPT FINANCING; PROVIDING CERTAIN
OTHER MATTERS IN CONNECTION THEREWITH;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Clearwater, Florida (the
"Issuer") has determined that the need exists to construct capital improvements
and expansions to the City's Water and Sewer Utility System (collectively, the
"Project");
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF CLEARWATER, FLORIDA THAT:
SECTION 1. AUTHORITY. This Resolution (hereinafter called the
"Resolution") is adopted pursuant to the provisions of the Florida Constitution,
Chapter 166, Florida Statutes, and other applicable provisions of law.
SECTION 2. DECLARATION OF INTENT. The Issuer hereby expresses
its intention to be reimbursed from proceeds of a future tax-exempt financing for
capital expenditures to be paid by the Issuer in connection with the construction
of the Project. Pending reimbursement, the Issuer expects to use funds on
deposit in its water and sewer utility funds, general funds and other funds legally
available to pay a portion of the cost of the Project. It is not reasonably expected
that the total amount of debt to be incurred by the Issuer to reimburse itself for
expenditures paid with respect to the Project will exceed $33,000,000. This
Resolution is intended to constitute a"declaration of official intent" within the
meaning of Section 1.150-2 of the Income Tax Regulations.
SECTION 3. SEVERABILITY. If any one or more of the provisions of this
Resolution shall for any reason be held illegal or invalid, such illegality or
invalidity shall not affect any other provision of this Resolution, but this
Resolution shall be construed and enforced as if such illegal or invalid provision
had not been contained therein.
SECTION 4. REPEALING CLAUSE. All resolutions or orders and parts
thereof in conflict herewith to the extent of such conflicts, are hereby superseded
and repealed.
SECTION 5. EFFECTIVE DATE. This resolution shall take effect
immediately upon its adoption.
1 Item # 3
Resolution No. 12-12
Attachment number 1 \nPage 2
PASSED AND ADOPTED this day of , 2012.
George N. Cretekos
Mayor
Approved as to form: Attest:
Pamela K. Akin Rosemarie Call
City Attorney City Clerk
2 Item # 3
Resolution No. 12-12
Attachment number 2 \nPage 1
CITY OF CLEARWATER
Water & Sewer Utility Fund - 0421
Projects for 2014 Revenue Bond Reimbursement Resolution 12-12
Budget Only 2013 & 2014 Water & Sewer
for Unfunded Utility Projects Included in the
Bond Projects 2012/13 Annual Operating and
Projects to Improve or Expand the Project (See Note) Capital Budget Book
Water & Sewer Utilitv Svstem Number Total 2012 2013 2014
WWTP Screw Pump Replacement
WWTP UV Disinfections
WWTP Generator Replacements
Sanitary Sewer Extension
Laboratory Upgrade
AWT Facility Upgrade & Improvement
WWTP East Bypass and Northeast Pump
Pump Station Replacement
Reclaimed Water System
Water Supply/Treatment
System R & R Capitalized
System Expansion
Water Service �ines
RO Plant Expansion Res #1
RO Plant at Res #2
Groundwater Replenishment
Automated Meter Reading
Arsenic Removal Water Treatment Plant #3
Budgeted to be reclassified to eligible projects
Total
96202
96204
96619
96630
96645
96654
96666
96686
96739
96740
96741
96744
96752
96764
96767
96773
96774
96775
96XXX
372,000
4,800,000
200,000
2,712,000
550,000
2,425,000
40,000
3,000,000
1,500,000
100,000
400,000
500,000
200,000
3,420,330
9,296,930
7,075,260
4,500,000
1,235,000
1,534,400
372,000
500,000 2,500,000 1,800,000
200,000
3,420,330
1,296,930
1,165,010
3,500,000
185,000
1,534,400
901,000
450,000
1,425,000
1,000,000
750,000
50, 000
200, 000
250,000
100,000
8,000,000
3,985,250
500,000
1,050, 000
1,811,000
100,000
1,000,000
40, 000
2,000,000
750, 000
50,000
200,000
250,000
100,000
1,925,000
500,000
$ 43,860,920 $ 11,801,670 $ 21,533,250 $ 10,526,000
Note: No expenditures have been or will be charged to these 2012 projects until, if and
when this reimbursement resolution is approved by City Council.
Item # 3
PDFConvert.17743.1.WtrSwr Projs_for_Reimb_Res_12-12/Sheet1 10/15/2012
Work Session
Council Chambers — City Hall
SUBJECT / RECOMMENDATION:
Meeting Date:10/29/2012
Approve the termination of the Administrative Agreement between the City and United States Conference of Mayors providing for a
Master Deferred Compensation Program offering voluntary individual defined contribution retirement account plan services. (consent)
SUMMARY:
The City entered into an agreement with the United States Conference of Mayars (USCM) in 1992 in order to take advantage of the
Master Deferred Compensation Program developed by USCM for Cities and other local government agencies. Since that time, USCM
has had an arrangement with Nationwide Retirement Solutions, Inc. (formerly PEBSCO) to serve as an independent plan administrator
for these services.
The City is currently contracted with Nationwide Retirement Solutions as one of two providers for the City's 457 Deferred
Compensation Plan, a voluntary individual retirement account plan funded by plan participants with no contributions from the
City. Recently, USCM made a decision to end its arrangement with Nationwide and contract with a different provider for the services
under its Master Program. The City's preference at this time is to terminate its current relationship with USCM in order to not be
beholden to the decisions of USCM with respect to the provider of deferred compensation services to the City, but to have the ability
instead to procure competitive bids for these services when deemed appropriate by the City.
Review Approval: 1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager 5) City Manager 6) Clerk
Cover Memo
Item # 4
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I]C-i33�-r► t7l87�
Work Session
Council Chambers — City Hall
SUBJECT / RECOMMENDATION:
Meeting Date:10/29/2012
Approve the Administrative Services Agreement between the City and Nationwide Retirement Solutions, Inc. providing for voluntary
individual defined contribution deferred compensation retirement accouni plan services and authorize the appropriate officials to
execute sarr�e. (consent)
SUMMARY:
The City is currently contracted with Nationwide Retirement Solutions as one of two providers far the City's 457 Deferred
Compensation Plan, a voluntary individual retirement account plan funded by plan participants with no contributions from the City. The
City's arrangement with Nationwide resulted from an agreement between the City and the United States Conference of Mayors (USCM)
with whom Nationwide (formerly PEBSCO) had contracted to serve as an independent plan administrator of the USCM Master
Deferred Compensation Prograin for Cities and other local government agencies. Recently, USCM made a decision io end its
arrangement with Nationwide and contract with a different provider for these services. The City's preference at this time is to maintain
its current relationship with Nationwide as a provider of 457 deferred compensation plan services.
A decision will be made at a later date with respect to the appropriateness of procuring competitive bids for these services. This
Administrative Services Agreement has been reviewed and approved by City staff, the City's benefits consultant the Gehring Group,
and the City's defined contribution retirement plan consultant/advisor Montgomery Retirement Plan Advisors. This agreement is for an
open—ended duration with the provision for either �arty to terminate with 120 days written notice to the other party. There is no cost to
the City associated with this agreement.
Review Approval: 1) Office of Management and Budget 2) Lega13) Clerk 4) Assistant City Manager 5) City Manager 6) Clerk
Cover Memo
Item # 5
Attachment number 1 \nPage 1
ADMINISTRATIVE SERVICES AGREEMENT
This Administrative Services Agreement ("Agreement") is effective on the date written below by
and between Nationwide Retirement Solutions, Inc., a Delaware corporation (hereinafter "Nationwide"),
and , the Plan Sponsor ("Plan Sponsor").
WHEREAS, Plan Sponsor, pursuant to and in compliance with the Internal Revenue Code of
1986, as amended (hereinafter referred to as the "Code"), established and sponsors a Section 457
(hereinafter the "Plan");
WHEREAS, the Plan Sponsor desires to have Nationwide perform the non-discretionary
recordkeeping and administrative services described in this Agreement (hereinafter referred to as
"Administrative Services"); and
WHEREAS, Narionwide desires to provide such Administrarive Services subject to the terms
and condi[ions set forth in this Agreement.
NOW THEREFORE, Nationwide and Plan Sponsor desire to enter into this Agreement.
1. DESIGNATION
Plan Sponsor designates Nationwide as Plan Sponsar's nondiscretionary provider of
Administrative Services for the Plan in accordance with the terms of this Agreement.
2. APPOINTMENTS AND RESPONSIBILITIES
Plan Sponsor:
Plan Sponsor is responsible for maintaining the Plan and for maintaining the tax-qualified status
of the Plan. Plan Sponsor represents and warrants that the Plan has been properly adopted and
established in accordance with any applicable state or local laws or regulations governing the
Plan Sponsor's ability to sponsor the Plan. Plan Sponsor warrants that the 457 Plan was
established, and will be maintained by Sponsor, in accordance with the provisions of Section 457
of the Code. Plan Sponsor further acknowledges and agrees the Plan Sponsor is an eligible
employer as defined by Section 457 of the Code.
Plan Sponsor hereby appoints Nationwide to act as the Plan Sponsor's provider of Administrative
Services for the Plan. Any duties or services not specifically described herein as being provided
by Narionwide are the responsibility of the Plan Sponsor.
Nationwide:
Narionwide will serve Plan Sponsor, in a non-fiduciary capacity, as the provider of
Administrative Services for the Plan Sponsor with respect to the Plan. Nationwide will not
exercise any discretionary contro] or authority over the Plan or the assets of the Plan, and this
Agreement does not require Nationwide to do so. Nationwide agrees to perfarm all
Administrative Services for the Plan Sponsor with respect to the Plan as described in this
Agreement. This Agreement does not require, nor shall this Agreement be construed as
requiring, Nationwide to provide investment, legal, or tax advice to the Plan Sponsor ar to the
participants of the Plan.
Item # 5
Attachment number 1 \nPage 2
3. TERM
This Agreement shall remain in effect until terminated by one or both of the parties pursuant to
Section 7 of this Agreement.
4. COMPENSATION
Nationwide shall be entitled to compensation for performance of the Administrative Services for
the Plan under this Agreement. Unless otherwise permitted under this Agreement, such
compensation shall be in the form of payments made by Nationwide's affiliates including
Nationwide Life Insurance Company (NLIC) under their separate arrangements.
Plan Sponsor acknowledges that Nationwide and its affiliates receive payments in connection
with the sale and servicing of investments allocated to participant Plan accounts ("Investment
Option Payments"). As compensation for the services provided in this Agreement, the parties
agree that Nationwide and its affiliates are entitled to receive the Investment Option Payments. In
addition to the foregoing, the parries acknowledge and agree that Nationwide or its affiliates may
receive revenue associated with annuity contracts offered by NLIC, as well as fees associated
with specific services or products.
Employer may request Nationwide and/or its affiliates to provide additional services not
described in this Agreement by making such a request in writing, which Nationwide may decide
to perform for compensation to be negotiated by the parties prior to the commencement of the
additional services.
5. ADMINISTRATION SERVICES
A. ENROLLMENT AND COMMUNICATION/EDUCATION SERVICES
Nationwide agrees to establish an account for each Plan participant, beneficiary and alternate
payee (for purposes of this Agreement only, hereinafter referred to as "participants"). For each
such account, Nationwide will record and maintain the following information:
(a) name;
(b) Social Security number and/or identifying account number;
(c) mailing address;
(d) date of birth;
(e) current investment allocation direcrion;
(� contriburions allocated and invested;
(g) investment transfers;
(h) benefit payments;
(i) current account balance;
(j) transaction history since funding under the Agreement;
(k) contributions since funding under the Agreement;
(1) e-mail address (optional);
(m) benefit tax withholding information; and
(n) such other information as agreed upon by the Plan Sponsor and
Nationwide.
Nationwide will post and credit the amounts transmitted by the Plan Sponsor to the accounts of
Plan participants in accardance with the latest written instructions from participants or the Plan
Sponsor (as applicable) on file with Nationwide.
Item # 5
-i-
Attachment number 1 \nPage 3
Narionwide agrees to process the enrollment of employees eligible to participate in the Plan as
determined by the Plan Sponsor. The Plan Sponsor agrees to allow and facilitate the periodic
distribution of materials to Plan participants at the time and in the manner determined by the Plan
Sponsor; provided however, that all reasonable expenses associated with such distribution shall
be paid by Nationwide. The Plan Sponsor further agrees to allow and facilitate the periodic
distribution to its employees of materials prepared by Nationwide regarding products and services
offered by Nationwide, or its affiliates, which Nationwide reasonably believes would be
beneficial to such Plan participants.
B. PLAN CONTRIBUTIONS
Nationwide agrees to post funds received as contributions in accordance with that separate
agreement between Plan Sponsor and NLIC when received in good order by Nationwide. The
term "in good order", as used in this Agreement, means the receipt of required information by
Nationwide, in a form deemed reasonably acceptable to Nationwide (in Nationwide's sole
discrerion), with respect to the processing of a request or the completion of a task by Nationwide
that reasonably requires information from a third-party. For transactions that are not in good
order, Nationwide shall return the funds to the Plan Sponsor within five (5) "Business Days".
Nationwide will not be liable for any delay in posting if the Plan Sponsor fails to send the funds
representing contribution amounts or contribution allocation infarmation in accordance with
Nationwide's instructions to the central processing site designated by Nationwide, or for any
delay in posting that results from the receipt of funds and/or contribution allocation that
Narionwide determines to be not in good order.
As used in this Agreement, the term `Business Day" means each Monday through Friday that the
New York Stock Exchange is open for business.
The Plan Sponsor agrees to:
Transmit Plan contributions to Nationwide.
Provide to Nationwide, in a mutually agreed upon electronic, paper, or magnetic media,
contribution allocation information with respect to participant accounts to include not less
than the following:
Name of participant
Social securiry number of participant andlor identifying account number
Amount to be credited to participant's account(s)
Funds may be sent by wire transfer, through an automated clearinghouse or by check in
accordance with written instructions provided by Narionwide. Failure to follow the
written instructions provided by Nationwide may result in delay of posting to participant
accounts.
The Plan Sponsor is responsible for providing updated information regarding Plan
parricipants requested by Nationwide that the Plan Sponsor and Narionwide mutually
agree is necessary for Nationwide to perform the Administrative Services to the Plan
Sponsor under this Agreement.
C. SERVICES WITH RESPECT TO PARTICIPANT PLAN ACCOUNTS
Narionwide will provide a secure Internet site. Using this site, parricipants may: (i)
obtain such information regarding their accounts and (ii) conduct transactipns�w��
respect to their accounts. The Plan Sponsor authorizes Nationwide to honor ins�ti
-2-
Attachment number 1 \nPage 4
regarding such transacrions that may be submitted by a participant using the secure
Internet site. Nationwide will operate its Internet site in accordance with reasonable
provisions to ensure the security of such service.
Participants will have the ability to exchange exisring account balances, in full or in part,
and to redirect future contributions from one Investment Option offered by the Plan to
another on any Business Day, subject to Nationwide policies and any restrictions required
by the investment oprions.
Parricipants will receive quarterly statements detailing their account activity for the Plan.
4. Nationwide agrees to deliver account statements (by U.S. mail or electronically) to
participants within thirry (30) calendar days after the end of each calendar quarter. This
timeframe is conringent upon Nationwide receiving index fund returns from the mutual
fund providers within four (4) Business Days after the end of each quarter.
D. DISTRIBUTIONS
Nationwide shall make all distributions as permitted by the Plan. Participants are
responsible for selecting a form of payment from those available under the terms of the
Plan and making all other determinations regarding available distributions options, e.g.,
rol]over to an individua] retirement annuity or another eligible retirement plan, etc.
Nationwide shall furnish each participant who has received a benefit payment tax
reporting forms in the manner and time prescribed by federal and state law.
To the extent required by federal and state law, Nationwide will calculate and withhold
from each benefit payment federal and state income taxes. Nationwide will report such
withholding to the federal and state governments as required by applicable law.
6. TERMINATION
Either the Plan Sponsor or Nationwide may terminate this Agreement for any reason upon
providing one-hundred and twenty (l20) days written notice to the other party. Provision of such
written notice of termination by Sponsor to Nationwide does not relieve the Plan Sponsor of any
termination requirements that may be associated with specific investment options, nor does it
relieve Plan Sponsor of any termination requirements associated with those investment options.
7. ASSIGNABILITY
No party to this Agreement shall assign the same without the express written consent of the other
party, which consent shall not be unreasonably withheld. This provision shall not restrict
Nationwide's right to delegate certain services to an agent, including any affiliate. Unless agreed
to by the parties, no such assignment shall relieve any party to this Agreement of any duties or
responsibilities herein.
8. CONFIDENTIALITY
Nationwide agrees to maintain all informarion obtained from or related to all Plan participants as
confidential. The Plan Sponsor and Nationwide agree that Nationwide, its officers, employees,
brokers, registered representatives, affiliates, vendors and professional advisors (such as
attorneys, accountants and actuaries) may use and disclose Plan and participant information only
to enable or assist it in the performance of its duties hereunder and with other Pl�-rela �
activities, and the Plan Sponsor expressly authorizes Nationwide to disclose Plan and p���n
-3-
Attachment number 1 \nPage 5
information to its agents and/or broker of record on file with Nationwide. Plan and participant
information may also be used or disclosed by Nationwide to other third parties pursuant to a
written authorization signed by ihe Plan Sponsor. Notwithstanding anything to the contrary
contained herein, it is expressly understood that Nationwide retains the right to use any and all
information in its possession in connection with its defense and/or prosecution of any lirigarion
which may arise in connection with this Agreement, the investment arrangement funding the
Plan, or the Plan; provided, however, in no event will Nationwide release any informarion to any
person or entity except as permitted by applicable law.
This Section 8 will survive the termination for any reason of this Agreement.
9. CIRCUMSTANCES EXCUSING PERFORMANCE
Neither party to this Agreement shall be in default by reason of failure to perform in accordance
with its terms if such failure arises out of causes beyond their reasonable control and without fault
or negligence on their part. Such causes may include, but are not limited to, Acts of God or
public enemy, acts of the government in its sovereign or contractual capacity, fires, floods,
epidemics, quarantine or restrictions, freight embargoes, and unusually severe weather.
Neither party shall be responsible for performing all of that portion of services precluded by the
foregoing events for such period of time as the P1an Sponsor or Nationwide are precluded from
performing such services in the normal course of business. Neither Nationwide nor the Plan
Sponsor shall be liable for lost profits, losses, damage or injury, including without ]imitation,
special or consequential damages, resulring in whole or in part from the foregoing events.
"Acts of God" are defined as acts, events, happenings or occurrences due exclusively to natural
causes and inevitable accident or disaster, exclusive from all human intervention.
10. INDEMNIFICATION
Nationwide agrees to indemnify, defend and hold harmless the Plan Sponsor, its officers,
directors, agents, and employees from and against any loss, damage or liability assessed against
the Plan Sponsor or incurred by the Plan Sponsar arising out of or in connection with any claim,
acrion, or suit brought or asserted against the Plan Sponsor alleging or involving Nationwide's
non-performance of the provisions of this Agreement under Nationwide's exclusive control, or
negligence or willful misconduct in the performance of its services, duties and obligations under
this Agreement.
11. PARTIES BOUND
This Agreement and the provisions thereof shall be binding upon and shall inure to the benefit of
the successors and assigns of Narionwide and the Plan Sponsor. The Plan and Plan participants
are not parties to this Agreement, and Nationwide has no contractual obligarions to the Plan or
Plan participants. This Agreement shall be enforceable only by the parties, not by Plan
participants or other third-parties, and is intended to create no third party beneiiciaries.
12. APPLICABLE LAW AND VENUE
The laws of the state in which the Plan Sponsor is located shall govern the rights and obligations
of the parries under this Agreement without regard to choice of law principles.
Item # 5
-4-
Attachment number 1 \nPage 6
13. MODIFICATION
This writing is intended both as the final expression of the Agreement between the parties and as
a complete statement of the terms of the Agreement. Notwithstanding anything contained herein
to the contrary, this Agreement may be amended from rime to time and as mutually agreed upon
by the parties. Except as otherwise provided herein, no modification of this Agreement shall be
effective unless and until such modification is evidenced by a writing signed by both parties.
14. NO WAIVER
The failure of either parry to enforce any provision of this Agreement shal] not be construed as a
waiver of that provision or of any other provision in this Agreement and either parry may, at any
time, enforce the provision previously unenforced, unless a modification to this Agreement has
been executed that affects the provision previously unenforced.
15. SEVERABILITY
Any provision of this Agreement which is prohibited or unenforceable in any jurisdiction where
performance is required shall be ineffective to the extent such provision is prohibited or
unenforceable without invalidating the remaining provisions, and any such prohibition or
unenforceable provision in any jurisdicrion shall not invalidate or render unenfarceable such
provision in any other jurisdiction.
16. COMPLIANCE WITH LAWS
Both the Plan Sponsor and Nationwide agree to comply, in their respecrive roles under this
Agreement, in a11 material respects with all applicable federal laws and regularions as they affect
the Plan and the administration thereof. Nothing contained herein shall be construed to prohibit
either party from performing any act or not performing any act as either may be required by
statute, court decision, or other authority having jurisdiction thereof.
17. PRIVITY OF CONTRACT
Plan Sponsor acknowledges and agrees that Narionwide and Plan parricipants shall have no
privity of contract with each other.
18. HEADINGS
The headings of articles, paragraphs, and sections in this Agreement are included far convenience
only and shall not be considered by either party in construing the meaning of this Agreement.
Item # 5
-s-
Attachment number 1 \nPage 7
IN WITNESS WHEREOF, the parries hereto have executed this Agreement effecrive on the date first
written above.
Nationwide Retirement Solutions, Inc.: Plan Sponsor
:
Name:
Title:
(name of entiry)
By:
Name:
Title:
Effecrive Date:
�
Item # 5
Work Session
Council Chambers — City Hall
SUBJECT / RECOMMENDATION:
Meeting Date:10/29/2012
Approve in concept the extension to the Interlocal Agreement for the Pinellas Public Library cooperative. (consent)
SUMMARY:
The Interlocal Agreement that created the Pinellas Public Library Consortium (PPLC) will expire in September 2013. This agreement
creates a structure that enables Pinellas unincorporated area tax funds to be distributed to cities to compensate them far providing library
service to all library residents. It also enables PPLC to apply for and receive State Aid funds and coordinate library services throughout
the county. Council is being asked to endorse in principle, but not to approve, the agreement for the following reasons:
1. It is the unanimous opinion of all of the participants in the Interlocal agreement that having a library consortium provides value
for all of the residents of the county. Libraries are stronger working together then when tbey try to stand alone and public service
is enhanced far all library users. County support strengthens local libraries.
2. The current consortia arrangement has worked effectively for over 20 years and has the ongoing support of the participating
cities. Although alternative governing and funding structures were examined, none generated any significant interesi or suppart.
3. The City Managers have spent many months working to refine the Interlocal agreement to address some of the issues of mission
clarification, Board structure and the funding concerns. They have created a document that they believe all of the cities can
support.
4. Certain issues remain unresolved in the current version of the Interlocal revision. A final document coming to the Council may
or may not be able to resolve all of these; Council should be aware of our concerns.
a. Pinellas County Board of County Commissioners (BOCC) has a work session scheduled for November 13, 2012, to
discuss the agreement. They are bringing in a consultant to facilitate a discussion that will probably extend well beyond
the proposed Interlocal Agreement. There does not seem to be strong support at this moment for accepting the current
proposal as is on the part of the county.
b. The Eastlake Library situation is unresolved in the agreement as provided. Eastlake is the only library that is funded by
from the County general fund, not a city or special taxing district. The Eastlake community and the BOCC want to see
this changed. Any change for Eastlake will reduce the amount of funding available to other libraries in the county. That
]oss could be as much as $1 million a year.
c. The County is now funding libraries at less than the .5 mills approved by voters. There is no assurance this will change,
even if Eastlalce funding further reduces county support to other libraries. The lower funding level is a choice made by the
BOCC.
d. The funding formula was not changed in this agreement. The disparity in support from cities ranges from $64/per capita
to $13/per capita. Service to non—residents rangesfrom more than 50% of total usage to around 10% of total usage,
creating vastly different burdens on the cooperative libraries. None of this is addressed in the current proposal.
e. The City Manager's group spent a significant amount of time and effort to identify the core mission and services that they
feel PPLC should insure, yet nothing in the current proposal provides funding to support those core services or makes
participation essential to membership in PPLC.
The recommendation to the Council will be that they endarse in principle the extension of the Interlocal Agreement for the Pinellas
Public Library Cooperative with the expectation that a final proposal will come before them prior to the September 30, 2013 end of the
current agreement.
Cover Memo
Review Approval: 1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager 5) City Manage�t�l�r�
Attachment number 1 \nPage 1
Library Interlocal Agreement
INTERLOCAL AGREEMENT among the undersigned governmental units ("Parties"),
for the establishment of and participation in a cooperative library service for Pinellas County (the
"Cooperative").
WHEREAS, the original interlocal agreement entered into on the lOrh day of January,
1989, and subsequently amended on the 19th day of September, 1995, expired on January 10,
2001, and a six month interlocal agreement was entered into on January 10, 2001 and was
subsequently amended and extended for an additional sixty days; and an interlocal entered into
on the lOth day of September, 2001, expires on September 30, 2013; and
WHEREAS, it is in the public interest to provide a free public library service for the use
of the permanent residents of Pinellas County ("County"); and
WHEREAS, this Agreement is authorized by Section 163.01 of the Florida Interlocal
Cooperation Act of 1969, which was promulgated to permit local governmental units to make the
most effective use of their powers by enabling them to cooperate with other governmental units
thereby providing services and facilities in a manner and pursuant to forms of governmental
organization that will include geographic, economic, population, and other factors influencing
the needs and development of local communities; and
WHEREAS, any public agency of this state may exercise jointly with any other public
agency of this state any power, privilege, or authority which such agencies share in common and
which each might exercise separately; and
WHEREAS, the Parties to this Agreement have determined that in order to most
effectively utilize their separate powers, a cooperative effort in the form of an Interlocal
Agreement is needed; and
WHEREAS, Sections 257.12 through 257.25, Florida Statutes (2000), provide state funds
to assist in the furnishing of library services.
NOW THEREFORE, in consideration of the mutual benefits and in consideration of the
covenants and agreements set forth herein, the Parties hereto agree as follows:
I. PURPOSE; EXECUTION; EFFECTIVE DATE; TERM OF AGREEMENT
A. Pur�ose:
The purpose and intent of this Agreement is to continue to operate the Cooperative to
extend library services to the unincorporated areas of the County and to municipalities that do
1 PPLC ILA CM Final 9.12.12
Item # 6
Attachment number 1 \nPage 2
not have such services as of the effective date of this Agreement, and to improve library services
to residents of municipalities and library tax districts that have library services as of the date of
this Agreement.
The primary functions of the Cooperative are as follows:
L To receive and disburse funds from federal, state, and local sources.
2. To maintain a shared library automation system serving member libraries.
3. To maintain a shared materials delivery system serving member libraries.
4. Where agreed by individual member libraries for the most efficient use of fiscal
resources, to assist member libraries in the collective purchase of library resources
and services.
B. Execution; Effective Date
This Interlocal Agreement may be signed in counterparts by the Parties hereto. This
Agreement shall become effective on October 1, 2013.
C. Term of A�reement:
This Agreement will be in force for a period of five (5) years, ending September 30,
2018, at which time review and amendment of the terms of this Agreement may be initiated by a
simple majority of Members or by the County. Should a majority of Members or the County not
request review and amendment of the terms of this Agreement by March 31, 2018, the agreement
will renew automatically for an additional period of five (5) years to September 30, 2023.
In the event that Members representing more than fifty (50%) of the total population of
all Members withdraw under Section VI, or are deemed to have withdrawn under Section IV C 2
of this Agreement, the remaining Members shall consider the continuation ar termination of the
Agreement, and may terminate the Agreement by consent of a simple majority of the Members
or of the County.
II. DEFINITIONS:
A. Articles of Incorporation:
"Articles of Incorporation" as used in this Agreement refer to the Articles of
Incorporation of the Pinellas Public Library Cooperative, Inc., approved by the signatories to the
1989 interlocal agreement establishing the Cooperative and executed and filed with the Secretary
of State pursuant to Chapter 617, Florida Statutes (1987), as may be amended.
2 PPLC ILA CM Final 9.12.12
Item # 6
Attachment number 1 \nPage 3
: :�. �
`Board" as used in this Agreement refers to the Board of Directors of the Pinellas
Public Library Cooperative, Inc.
C. `Board of County Commissioners"
`Board of County Commissioners" as used in this Agreement refers to the
Pinellas County Board of County Commissioners and may be delineated as `BCC".
D. By-Laws:
"By-Laws" as used in this Agreement refer to the By-Laws of the Pinellas Public
Library Cooperative, Inc., approved by the signatories to the 1989 interlocal establishing the
Cooperative, as may be amended.
E. Cooperative:
"Cooperative" as used in this Agreement refers to the Pinellas Public Library
Cooperative, Inc.
F. County:
"County" as used in this Agreement refers to Pinellas County, a political subdivision of
the State of Florida. The County as used in this Agreement is a Party to this Agreement but is
not a Member of the Cooperative.
G. Disbursement Formula:
"Disbursement Formula" as used in this Agreement refers to the formula
according to which disbursements to Members with libraries shall be made pursuant to this
Agreement. The Disbursement Formula is attached hereto and incorparated herein as Exhibit
:
H. Governmental Unit:
"Governmental Unit" as used in this Agreement refers to municipalities; Library
tax districts with libraries; a municipal consortium offering library services; the County; and
libraries funded by the County, excluding all monies received by such libraries from the
cooperative or from a Municipal Services Taxing Unit ("MSTU") created for the provision of
countywide library service. Governmental Units which are Parties to this Agreement are
included within the definition of Governmental Unit, and may also be delineated as "Members"
of the Cooperative.
3 PPLC ILA CM Final 9.12.12
Item # 6
Attachment number 1 \nPage 4
L Member:
"Member" as used in this Agreement refers to a Governmental Unit which is a
Party to this Agreement and which forms part of the Cooperative either as a Member with a
library or as a Member without a library.
J. Li•brary:
"Library" as used in this Agreement refers to the public libraries and library
systems operated by Members. To qualify as a"library" for purposes of this Agreement, the
library must meet the basic standards set forth in the Policy on Admission, a copy of which is
attached hereto and incorporated herein as Exhibit "A".
K. Local Su�ort:
"Local support" as used in this agreement refers to the dollar amount of funds
expended for allowable costs by each Member with a library during the fiscal year for library
operations. Funds received from the County for the support of a library that exists wholly in the
unincorporated area of Pinellas County, excluding all monies received by such libraries from the
Cooperative or from an MSTU created for the provision of countywide library service, shall be
considered as additional local support far the member library for purposes of the application of
the disbursement formula. Allowable costs for each library shall consist of all personnel and
direct operating costs, as provided for in the State of Florida Chart of Accounts. All other costs,
including fixed capital items and debt expenses, shall be limited to $25,000.00 per year.
L. Year:
"Year as used in this Agreement, unless otherwise indicated, means the �scal year
from October 1 to September 30. The fiscal year of the Cooperative shall run from October 1 to
September 30.
III. GOVERNING STRUCTURE OF THE COOPERATIVE:
A. Corporate Structure:
The Cooperative is a private non-profit organization incorporated under the
Florida Not-For-Profit Corparation Act, Chapter 617, Florida Statutes (2000). Additional
Members may be admitted in the manner specified in the Articles of Incorparation or the By-
laws.
4 PPLC ILA CM Final 9.12.12
Item # 6
Attachment number 1 \nPage 5
B. Board of Directors:
L Membership. The Board of Directors shall consist of nine (9) Directors and
two (2) non-voting ex officio Members who shall be selected and appointed in
accordance with the provisions of the Articles of Incorporation and the Bylaws, as
amended, as follows:
a. One member of the Board of Directors shall be appointed by the Board
of County Commissioners and shall serve an initial term of three years.
b. One member of the Board of Directors shall be appointed by the City
Council of the City of St. Petersburg and shall serve an initial term of
three years.
c. One member of the Board of Directors shall be appointed by the City
Council of the City of Clearwater and shall serve an initial term of three
years.
d. One member of the Board of Directors shall be appointed by the City
Commission of the City of Largo and shall serve an initial term of three
years.
e. One member of the Board of Directors shall be appointed by the City
Council of the City of Pinellas Park and shall serve an initial term of three
years.
f. One member of the Board of Directors shall be appointed by the City
Commission of the City of Dunedin and shall serve an initial term of three
years.
g. One member of the Board of Directors shall represent the cities of
Seminole, Safety Harbor, and Oldsmar. That member shall be appointed
by the City Council of the City of Seminole, the City Commission of the
City of Safety Harbor, and the City Council of the City of Oldsmar
respectively. Each director shall serve a consecutive term of two years in
the order named above.
h. One member of the Board of Directors shall represent the City of
Tarpon Springs, the Palm Harbor Community Services Agency, and the
East Lake Library Advisory Board. That member shall be appointed by
5 PPLC ILA CM Final 9.12.12
Item # 6
Attachment number 1 \nPage 6
the City Commission of the City of Tarpon Springs, the Palm Harbor
Community Services Agency, and the East Lake Library Advisory Board
respectively. Each director shall serve a consecutive term of two years in
the order named above.
i. One member of the Board of Directors shall represent the Gulf Beaches
Public Library and the cities of Gulfport and St. Pete Beach. That member
shall be appointed by the Board of Directors of the Gulf Beaches Public
Library, the City Council of the City of Gulfport, and the City
Commission of the City of St. Pete Beach respectively. Each director
shall serve a consecutive term of two years in the order named above.
j. The Executive Director of the Pinellas Public Library Cooperative shall
serve as an ex-officio, non-voting member of the Board of Directors.
k. The Chair of the Library Directors Advisory Council shall serve as an
ex-officio, non-voting member of the Board of Directors.
2. Terms. The Articles of Incorporation shall specify the term of office for
Directors as two (2) years except that the Articles of Incorporation shall provide
that the terms of the first Board of Directors appointed under this Agreement shall
be staggered as indicated in Section III(B)(1) above.
3. Officers. The Officers of the Cooperative shall be: Chair of the Board of
Directors, Vice-Chair of the Board of Directors, and Secretary/Treasurer. The
terms of office, election and duties of Officers shall be as specified in the By-
laws.
4. Compensation. Directors and Officers shall not be paid a salary or wages,
but may be reimbursed for travel and per diem expenses on behalf of the
Cooperative as approved by the Board, based on the PPLC Policies and
Procedures Manual and in accardance with Section 112.061, Florida Statutes
(2000).
5. Meetings. The Board of Directors shall meet at least eight (8) times each
year. Meetings shall be conducted pursuant to the Sunshine Law, Chapter 286,
Florida Statutes. The Chairperson or a simple majority of the Board may call
emergency meetings. Such meetings shall require 24-hours' notice.
6 PPLC ILA CM Final 9.12.12
Item # 6
Attachment number 1 \nPage 7
6. Duties. The duties of the Board of Directors shall include, but not be
limited to:
a. Managing the affairs of the Cooperative;
b. Amending the Articles of Incorporation and the By-laws;
c. Establishing administrative policy for the operation of the
Cooperative;
d. Receiving and disbursing funds from local1 state and federal sources
and entering into arrangements as appropriate in connection therewith, and
receiving and disbursing funds from Members without libraries
participating in the Cooperative;
e. Investing the Cooperative funds;
£ Employing and directing an Executive Director;
g. Conducting open and public meetings, the time and place to be
decided by the Board of Directors;
h. Establishing the operating budget for the Cooperative, which is subject
to the approval of the BCC, and overseeing its execution, including
approving expenditures for administration;
i. Advising the Parties and Members with respect to the budget,
disbursements, extension and expansion of library services and other
affairs of the Cooperative;
j. Submission of funding requirements in accordance with the provisions
of Section V.
C. Executive Director:
The governing Board shall employ a professional Executive Director.
1. Duties. The duties of the Executive Director shall include, but not be
limited to:
a. Facilitating joint planning for coordination of library services among
Members with libraries and other libraries within the County that
participate in reciprocal borrowing and joint planning as recipients of State
Aid to Libraries.
b. Maintaining information for and submitting applications on behalf of
7 PPLC ILA CM Final 9.12.12
Item # 6
Attachment number 1 \nPage 8
the Cooperative for available local, State, and Federal library funds with
Board approval, and filing reports with the Division of Library and
Information Services pursuant to Section 257.16, Florida Statutes (2000),
as may be amended;
c. Preparing, in coordination with the library directors of Members, the
annual operating and capital budgets of the Cooperative, and presenting
the annual operating budget of the Cooperative to the Board and to the
Members.
2. Qualifications. The Executive Director must have an American Library
Association accredited degree in library science, and a minimum of five (5) years
library administration experience, with experience in library cooperative
administration preferred.
D. Advisory Council:
A Library Directors Advisory Council made up of all library directors of
Members, or their designees, will assist the Executive Director in coordination, planning
and other matters as appropriate. The Officers of the Library Directors Advisory Council
shall be: Chair, Vice-Chair, and Secretary. The terms of office, election and duties of
Officers shall be as specified in the By-laws. The By-laws of the Library Directors
Advisory Council shall provide that the office of Chair will be rotated yearly among the
Members of the Advisory Council and that the Chair will participate in the meetings of
the Cooperative Board of Directors as the ex-officio, non-voting representative of the
Library Directors Advisory Council.
The Duties of the Library Directors Advisory Council shall be as follows:
1. Conducting open and public meetings, the time and place to be decided by
the Library Directors Advisory Council;
2. Advising the Executive Director and Board of Directors on technical and
policy matters affecting the libraries; and
3. Providing review and recommendations in the preparation of the annual
budget of the Cooperative to be presented to the Board of Directors.
E. Lon -g Range and Annual Plans of Service:
8 PPLC ILA CM Final 9.12.12
Item # 6
Attachment number 1 \nPage 9
Each year an Annual Plan of Service and Budget shall be developed in
cooperation with the library directors of Members containing goals, objectives, and activities and
the budget that will support library services for the year. These plans must clearly demonstrate
that resources will be allocated in a way that serves the goal of access to library services
throughout the area. The long-range plan must be updated every three to five years and must
include a five-year projection of all revenues and expenditures of the Cooperative. The plan will
be coordinated with individual cooperating library long-range plans (where they exist) and will
meet the requirements for participation in the State Aid to Libraries Program. The Cooperative
Board will adopt the plans and disseminate them broadly in the County.
F. Reports:
The Cooperative Board will provide annual reports on the progress toward
meeting the objectives of the long-range plan and the annual plan of service. The reports will
include audited statements of operating expenditures, capital expenditures, and reserve accounts,
and will be forwarded to the Members, the Parties and the Division of Library and Information
Services.
IV. PARTICIPATION:
A. General:
Participation will be voluntary and open to any governmental unit. People
residing in participating areas will be eligible to use the services of Member libraries of the
Cooperative without charge. People residing in governmental units or areas not electing to
participate will be excluded from the use of the Cooperative's services unless the people join
Member libraries by paying an annual fee; such fee may be adjusted by a majority of Parties to
this agreement. People who join by paying the annual fee to a Member library will then be
counted as residents of that Member library's governmental unit in the application of the
disbursement formula. Participating entities may withdraw pursuant to the provisions of Section
VI.
B. Members With Libraries:
1. Admission. Libraries applying for the first time for membership in the
Pinellas Public Library Cooperative, Inc. must meet the statutory requirements
and operational standards established in Exhibit "A": Policy on Admission.
9 PPLC ILA CM Final 9.12.12
Item # 6
Attachment number 1 \nPage 1�
2. Membership. Members with libraries will continue to meet the statutory
requirements of F.S. 257.17 and will adhere to the extent feasible to the
operational standards established in Exhibit "A": Policy on Admission.
3. Autonomy. Each Member with a library shall continue to decide the level
of library service for its community, and shall prepare its own budget. Each
library shall remain autonomous and retain control of its operations and functions,
i.e.:
a. Trust funds, individual gifts or donations made to a library shall remain
the property of that library.
b. All library staffs shall remain employees of the various Members with
no loss in benefits;
c. Each library shall remain the property of the member in which it is
located, and all maintenance and repairs shall be effected through
operating budgets from allocated local appropriations.
d. Members with libraries will continue to fund their local libraries
and are not required to make any payment to the Cooperative for
participation in the Cooperative.
5. Allowable Costs.
Allowable costs for each library shall consist of all personnel and direct
operating costs, as provided for in the State of Florida Chart of Accounts. All
other costs, including fixed capital items and debt expenses, shall be limited to
$25,000 per year.
6. Materials and Services.
Members with libraries agree to allow all circulating materials of
existing libraries to be freely available to residents of all participants in the
Cooperative. Within policies established by each library, residents of Members
may borrow materials from participating libraries, and use all reference and
public programming services.
C. Members Without Libraries:
1. Basis for Fundin�:
10 PPLC ILA CM Final 9.12.12
Item # 6
Attachment number 1 \nPage 1
Each Member without a library shall provide annual iinancial support to
the Cooperative which, when calculated on a per capita (of population of such
member) basis for any year, shall be equivalent to the average per capita funding,
excluding all monies received from the Cooperative, provided during the most
recent preceding year by the Members having libraries and shall be calculated as
follows: The total expenditures, as adjusted for monies received from the
Cooperative, of the Members from the prior year shall be divided by the total
population of the Members to obtain the aggregate average per capita cost. For
purposes of this subsection C, "funding" means the amount of library
expenditures for any year as described in Section V A by a Member having a
library, and "population" means the number of residents residing in the Member
governmental unit determined in accordance with Section V B.
2. Underfundin�:
If any Member's financial support paid to the Cooperative is less than the
amount due under Section V, written notice shall be provided to such unit of the
deficiency and all funds due under Section V shall be immediately due and
payable as specified in Section VI C. Such unit shall be deemed to have
withdrawn from the Cooperative (notwithstanding the provisions of Section VI A
or VI C) effective thirty (30) days following the receipt of written notice of
deficiency unless payment of such deficiency is made within that thirty (30) day
period.
V. FUNDING MECHANISM:
A. Fiscal Funding:
The County will provide an amount of annual financial support equal to the financial
support provided by all Members with libraries, calculated on a per capita basis for the previous year,
excluding all monies received from the cooperative. At no time shall the millage rate levied by the
County in support of Cooperative library services exceed .5 mill. The County shall submit the funds
to the Cooperative in quarterly payments. The County shall notify the Cooperative of any changes to
the population figures subject to the amount of annual per capita financial support for the new fiscal
period prior to May 30 of each year.
11 PPLC ILA CM Final 9.12.12
Item # 6
Attachment number 1 \nPage 1
B. Determination and Notification of Per Capita Amounts for Members
Without Libraries:
The Cooperative shall advise by June 1 of each year, each Member without a
library, of such unit's funding requirement for the next fiscal year, together with the calculations
by which such funding requirement was determined and the bacicup information for such
calculation, consisting of (i) average per capita locally funded library expenditures of Members
with libraries for the last completed year and (ii) appropriate population statistics. The
expenditures shall be based on audited financial statements for such last completed year in
accordance with budget line items identified in Section IV B 2. The population statistics used to
calculate such per capita expenditures shall be for such year and shall be from the Bureau of
Economics and Business Research of the University of Florida or the Pinellas County Planning
Department.
VI. Fiduciar_y Responsibility for Funds:
1. All funds of the Cooperative shall be maintained in an interest-bearing public
depository as set forth in Florida Statutes, chapter 280 (2000), as may be
amended;
2. Complete and accurate records shall be kept of the receipts and disbursement
of all funds of the Cooperative, subject to the PPLC adopted Recard Retention
and Document Destruction Policy, which will comply with Florida Department of
State General Schedule for State and Local Government Agencies GS1-SL,
Internal Revenue Code 501(c)(3), and all other applicable federal, state, and local
law;
3. An annual audit of the Cooperative by an independent certified public
accountant, to be paid for from the operating funds of the Cooperative, shall be
made and filed annually with the Department of State;
4. The Cooperative shall abide by the terms and provisions of the laws of the
State of Florida and the provisions of this Agreement and any other applicable
Federal, State, or local laws, rules and regulations.
D. Disbursement:
The Board of Directors shall disburse funds received by the Cooperative according to the
formula below:
12 PPLC ILA CM Final 9.12.12
Item # 6
Attachment number 1 \nPage 1
1. The Board of Directors shall annually establish the budgeted administrative
costs of the Cooperative, including salary, office supplies, and any rents or other
costs related to the administrative operations of the Cooperative.
2. The remaining funds shall be distributed to Members with libraries in
accordance with the disbursement formula, which is attached hereto and
incorporated herein as Exhibit `B". This distribution is to be based on submittal
of annual library operating costs with descriptive codes in accordance with the
State of Florida Chart of Accounts. All funds collected from sources other than
Members shall be distributed in the same manner as funds collected from
Members without libraries. In no instance shall the total allocation to a Member
library exceed the amount of the local support.
Funds received by the Cooperative shall be disbursed within a reasonable
time (not to exceed 60 days) after receipt. Establishment, construction and
program grants received from the state shall be used in accordance with the
provisions of applicable state law.
Payments to member libraries shall be made in quarterly disbursements.
The libraries shall use those funds for operations of their libraries.
The disbursement formula may only be amended by the Cooperative's
Board of Directors, with the approval of a simple majority of the Members with
libraries and the approval of the County.
3. State Aid funds, establishment, construction and program grants received
from the state shall be used in accordance with the provisions of applicable state
law, F.S. 257 and F.A.C. 1B-2 and 1B-3.
VL WITHDRAWAL:
A. All Partici�ants:
1. Any Member wishing to withdraw shall submit written notice thereof to the
Cooperative no later than six (6) months prior to the beginning of any fiscal year
of the Cooperative.
2. Withdrawal of Members without libraries may occur in the manner specified
in Section IV C 2.
B. Members with a Librarv:
13 PPLC ILA CM Final 9.12.12
Item # 6
Attachment number 1 \nPage 1�
A Member with a library that submits a withdrawal notice to the Cooperative shall:
L At the request of the Cooperative's Board, promptly furnish usage statistics
and an audit of library operating costs for such library's last fiscal year completed
prior to the date the withdrawal is effective to ensure maintenance of proper
accounting for the Cooperative;
2. Return to the Cooperative within sixty (60) days after withdrawal, any special
equipment or collections purchased for such member with funds from the
Cooperative capital improvements fund within the previous five years. In lieu of
returning the equipment or collection so purchased, the amortized balance thereof
based on an amortization period of five years from date of purchase may be repaid
to the Cooperative during the year following withdrawal;
3. Repay to the Cooperative within sixty (60) days after withdrawal any then
remaining unexpended and uncommitted funds received from the Cooperative;
and
4. Pay to the Cooperative during the year following withdrawal the unamortized
cost based on a 20-year amortization of any building improvements paid for with
monies from the Cooperative's capital improvements fund.
After complying with the forgoing, the withdrawing Member with a library shall have no
other obligation under this Agreement.
C. Members Without a Library:
A Member without a library that submits or receives a withdrawal notice shall
pay all sums due pursuant to Sections IV and V priar to withdrawal.
IN WITNESS WHEROF, the Parties hereto have caused this Interlocal Agreement to be
executed on the day and year first above written.
14 PPLC ILA CM Final 9.12.12
Item # 6
Attachment number 1 \nPage 1
EXHIBIT "A"
Policy on Admission
Pinellas Public Library Cooperative, Inc.
For a Library Seeking Membership
Libraries applying for membership in the Pinellas Public Library Cooperative, Inc. must meet the
basic eligibility requirements outlined below:
l. The library meets the Essential level of Core Standards as defined in the Florida
Public Library Standards (2006 Revision).
2. The library meets the Florida Public Library Standards (2006 Revision) for
Interconnectivity, Lending Services, Services-Resource Sharing and Interlibrary
Cooperation.
3. The governing entity must have an established budget for the maintenance and
operation of the library and must be audited each year.
4. There must be evidence that such funding is available, restricted for the library and
will continue to be available.
5. The library has a long-range plan, an annual plan of service, and an annual budget
[Florida Statutes 257.17(2)(e)].
6. The library engages in joint planning for coordinating of library services within the
county or counties that receive operating grants from the state [Florida Statutes
257.17(2)(�]•
7. The library adapts its services to meet the needs of people with disabilities as required
by the Americans with Disabilities Act and its attendant regulations.
8. The library has established hiring practices that are in accordance with Equal
Employment regulations.
When the library and its governing entity determine that these eligibility requirements can be met
the attached Procedure for Admission must be followed.
Such requests may be initiated at any time but the funding cycle far the subsequent fiscal year
requires a March 31 deadline. See the Procedures for Admission for steps to be taken.
15 PPLC ILA CM Final 9.12.12
Item # 6
Attachment number 1 \nPage 1�
Procedure for Admission
To the Pinellas Public Library Cooperative, Inc.
As a Member Library
L The library seeking admission to the Cooperative must provide documentation that it can
meet the standards spelled out in the Policy on Admission.
2. The library must submit a letter of request signed by its governing entity (city commission,
Board of Directors, etc.) to the Cooperative Board/Executive Director.
3. The library must submit with its letter of request documentation that it meets the basic
eligibility standards for admission to the Pinellas Public Library Cooperative, Inc. as
provided for in the Policy on Admission.
4. Upon receipt of the letter of request and documentation, the Cooperative Board and
Executive Director will review the request and appoint a Committee to visit and evaluate the
library.
5. The committee will determine readiness for services by the requesting library and will report
any deficiencies in writing to the Cooperative Board and to the library's governing entity.
6. If the library's governing entity wishes to pursue membership, it will be given a period of
time in which to correct deficiencies, if any, and to prepare the library for final evaluation.
7. Upon receipt of the final evaluation, the Cooperative Board will have up to sixty (60) days in
which to vote upon Admission.
8. Following a positive vote, the Cooperative Board will present the library's governing entity
with a copy of the Interlocal Agreement1 which must be executed and returned, and an
agreement form far the basic policies and procedures in effect for member libraries,
including all public service policies such as patron registration, patron cards, materials
circulation rules and others.
9. In order to be included in the subsequent year's funding allocations, the Procedures for
Admission must be completed by March 31st in any given year.
16 PPLC ILA CM Final 9.12.12
Item # 6
Attachment number 1 \nPage 1
EXHIBIT "B"
Funding Formula
Base Allocations to Members with libraries shall be 90% after the adjustments stated in Article
V D1 and D2 of the Library Interlocal Agreement. Each library's percentage of the total support
extended, as determined through the review of the annual audits, shall then be determined and
translated into dollar amounts. The percentage of the total support extended shall be determined
by dividing the sums expended locally for library operations, as set forth in Section IV B2 of the
agreement, by the total local support for all Members. For libraries located in unincorporated
Pinellas County, the annual allocation received from the County shall be used to determine the
percentage of total support extended. The Members shall receive a percentage of the available
funds equal to the percentage of their total support extended as a base allocation subject to a
maximum of 16% and a minimum of 4%.
Circulation Allocations to Members with libraries shall be 10% after the adjustments stated in
Article V D1 and D2. The dollars available for distribution include the balance remaining after
the base allocation. The circulation pool allocation percentage shall be derived by taking non-
resident circulation figures for each library and dividing it by the total non-resident circulation
for all Members
Total Allocations to Members with libraries shall not exceed the amount of the local support.
17 PPLC ILA CM Final 9.12.12
Item # 6
CITY OF CLEARWATER
Attachment number 1 \nPage 1
18 PPLC ILA CM Final 9.12.12
Item # 6
CITY OF DUNEDIN
Attachment number 1 \nPage 1
19 PPLC ILA CM Final 9.12.12
Item # 6
CITY OF GULFPORT
Attachment number 1 \nPage 2�
20 PPLC ILA CM Final 9.12.12
Item # 6
CITY OF INDIAN ROCKS BEACH
Attachment number 1 \nPage 2
21 PPLC ILA CM Final 9.12.12
Item # 6
CITY OF LARGO
Attachment number 1 \nPage 2
22 PPLC ILA CM Final 9.12.12
Item # 6
CITY OF MADEIRA BEACH
Attachment number 1 \nPage 2
23 PPLC ILA CM Final 9.12.12
Item # 6
CITY OF OLDSMAR
Attachment number 1 \nPage 2�
24 PPLC ILA CM Final 9.12.12
Item # 6
CITY OF PINELLAS PARK
ATTEST:
City Clerk
Attachment number 1 \nPage 2
CITY OF PINELLAS PARK, FL
By:
Sandra L. Bradbury, MAYOR
APPROVED AS TO FORM:
City Attorney
25 PPLC ILA CM Final 9.12.12
Item # 6
Attachment number 1 \nPage 2�
TOWN OF NORTH REDINGTON BEACH
26 PPLC ILA CM Final 9.12.12
Item # 6
TOWN OF REDINGTON BEACH
Attachment number 1 \nPage 2
27 PPLC ILA CM Final 9.12.12
Item # 6
TOWN OF REDINGTON SHORES
Attachment number 1 \nPage 2
28 PPLC ILA CM Final 9.12.12
Item # 6
CITY OF SAFETY HARBOR
Attachment number 1 \nPage 2
29 PPLC ILA CM Final 9.12.12
Item # 6
CITY OF ST. PETE BEACH
Attachment number 1 \nPage 3�
30 PPLC ILA CM Final 9.12.12
Item # 6
CITY OF ST. PETERSBURG
Attachment number 1 \nPage 3
31 PPLC ILA CM Final 9.12.12
Item # 6
CITY OF SEMINOLE
Attachment number 1 \nPage 3
32 PPLC ILA CM Final 9.12.12
Item # 6
CITY OF TARPON SPRINGS
Attachment number 1 \nPage 3
33 PPLC ILA CM Final 9.12.12
Item # 6
CITY OF TREASURE ISLAND
Attachment number 1 \nPage 3�
34 PPLC ILA CM Final 9.12.12
Item # 6
Attachment number 1 \nPage 3
PALM HARBOR COMMUNITY SERVICES AGENCY, INC.
35 PPLC ILA CM Final 9.12.12
Item # 6
Attachment number 1 \nPage 3�
PINELLAS PUBLIC LIBRARY COOPERATIVE, INC.
36 PPLC ILA CM Final 9.12.12
Item # 6
PINELLAS COUNTY
Attachment number 1 \nPage 3
37 PPLC ILA CM Final 9.12.12
Item # 6
Work Session
Council Chambers — City Hall
SUBJECT / RECOMMENDATION:
Meeting Date:10/29/2012
Authorize the adoption of Supplemental Joint Participation Agreement (JPA) Number 2 between the City of Clearwater and tbe State of
Florida Department of Transportation (FDOT) amending contract AQJ28 to include $125,000.00 in additional funding to complete
scope of work, authorize the appropriate officials to execute same, and adopt Resolution 12-21.
SUMMARY:
FDOT Supplemental JPA Number 2 provides $125,000.00 in additional funding to include the completion of groundwater cleanup at
the Clearwater Airpark, which would include �eld testing of monitoring wells, lab sampling and report production, the purchase and
installation of an automated weather operating system (AWOS), consultant fees, engineering of the site preparation, construction of a
pad, electrical installation, and the application process. The purchase of a portable fueling trailer to move Jet A fuel to aircraft, the
purchase of an auxiliary power unit to assist aircraft powering up and the purchase of an aircraft tug to safely move aircraft in and
around the airport is also included in the scope of the project.
The FDOT will provide $100,000.00 (80%) reimbursable funding and the city will pay $25,000.00 (20%) ofproject costs from Airpark
retained earnings
The transfer will be accomplished with a first quarter amendment.
Type: Capital expenditure
Current Year Budget?: Yes
Budget Adjustment Comments:
Current Year Cost: $125,000.00
Not to Exceed:
For Fiscal Year:
Appropriation Code
315-94871
$125,000.00
2012 to 2013
Amount
$ l 25,000.00
Budget Adjustment:
Annual Operating Cost:
Total Cost:
Appropriation Comment
l►�
$125,000.00
Review Approval: 1) Office of Management and Budget 2) Lega13) Clerk 4) Assistant City Manager ED 5) City Manager 6) Clerk
Cover Memo
Item # 7
Financial PrpjECt No.:
42��5419409
(iiem-segmenf-phase-seq uence}
STFlTE p�F FLOFii�A UEPARTh�1ENT OF FRAMSPORTA.FI�N
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SUPPE.EMENTAL JQIiVT PARXICIPATION A�REEMENT
NUmk��r 2
Fund: �PTC7
Function: fi83
Federal No.: Na
725-03�-0 i
PU8L1C 7C2AN$POR7ATION
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f'aga 1 of A
FLAIR Category: 0887� 9
�7bject Code: 75D�Q4
C7rg. Cade: 55a7202D728
Cantract No.; AQ.128 � p�NS Na.; Sf]-939-7'[02 I Vendor N'o.; F5960Q4289aQ2
Catalpg of FederaE Dvmestie Assistance Numb�r; nla Catalag of Staie Financial Assistanee Number: 55f7U4
THIS AGRE�MENT, made and entered int�a this day of
by and hetween #he STAT� OF FL��IDA D�PARTMEI�T QF TRAhISP[]R7ATICJN, an agency af #he State of Florida,
hereinafter referred to as the department, and ���y+ of Cle�rwatar ~
�
P.O. Bc�x 474$, Gl�arw�ter, �larida 33578 �
�
he�einaffer referred #o as Agency.
WITN�SSETN;
WHER�AS, the Qepartment and the Agency heretofare an the 22nd
entered intfl a J�int ParticipatiQn Agreemer�t; and
day c�f February ,2�� 2
WNER�AS, the Agency desires ta accamplish� certain praject items as outlir�ed in the Attacl�ment "A" appencfed
hereto; and
WFiER�AS, the De�artmer�t desires to pa�ficipate in all eGgibfe i#ems for tF�is project as outlined in Atta�hment
"A" far a total Ciepartm�nt Share of $1,6pp,pfl0.{�0
NOW, TH�R�FtJRE 7HIS INC}ENTL�RE WIT�lESSETW: �hat far and in consit�eration t�f the mut�al bene�ts to flaw
fram each ta the other, the parfies hereto agree that the above clescribed Joint Participafion Agreemertt is to be amended
and supplemented as fallow�:
1.U� f'rvject Qescriptian: The prnject description is am�nded
The scope is to include the completion af graundwater cleanup, which wfluld incl�rds field tes#ing flf manitoring wells, lab
samplint� and report production. It will al�o include the purchase and installation of an autom�ted weather apera#irrg
�ystem (AINCJS), �onst�ltant fees, engineering �f the site preparatian, cans#rucfion of � pad, electricai installation and the
ap,�fication prac�ss. 7he purchase af a portabl� fueling t�ailer ta move .fet A fuel ta aircraft, the puechase af an auxiliary
paw�r unit t� ass�st a3rcraft pr�wer�ng up and #he purchase af ar� aireraft tug to safely move aircraft ir� and around the
airporE.
2.Q0 Proje�t C�si:
Paragraph 3.DU of said Rgreem�nt rs ir�creased by
�ranging the re�ised t[atal cc�st of the praj�ct to '�2,a04,0�0.bU
Paragraph 4.i}0 of sa€d Agr�ement is incre�sed by
bringEng th� ❑epartmen#'s revised total cast af the �roje�t tq
3.00 Amehdecf Exhibits:
Exh�bit�s} g
4.fl0 Contract Time:
F�aragraph 1�,C3D af said Agreement June
�,'Q� �-U@�if]I
Vend orslCn niracta rs:
T�S-03�-67
FUBI.iC TI�ANSPBRTATION
061i 1
f'age 2 of 4
$125,Dt]Q.Qfl
$10C1,0{l0.!00
$1,60Q,�{3Q.(J[}
�f said Agreement is arvien�ed by A#ta�hment "A"
Kirli;�.��zr�
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1. sh�ll utilize the U.S. Department of Hr�mefar�d Secur�ty's E-Ver�fiy system io ver6fy the err�ployment el9gibili#y
of afl r�evv ert�playees hired �y th� V�nd�rlConir�ctor during t#�e term of �he contract; and
2. shall expressly require ar�� sub�ontractnrs performing work or providing services pursuant to the state cantract
to likewise utilize the U.S. Department of Homeland Security's �-Verify systerr� to verify the emplayment
�figibility of all new empl�ye�s hired by the subcontract�r during the contract term,
725-430-07
�'UF3LIC TRAd�ESRpftTATION
06119
Page 3 Qf a
Financial Prpject No. 422554194p1
C�ntract hJc�. AQJ28
Agre��ent Da#e
�xcept as he�eby modi�ed, amended or changed, alf other t�rms of said Agreement dated February 22n� ,ZO� 2
and �r�y s�bsequent supplements shall remain in fu91 farc� and effect.
I�f WITN�SS WHEREt`�F, the pariies hereto haue caused these presents to be ex�cut�d, the day and year'first
above written.
AG�NGY
City of C�earwater
RGENCY NAME
51GNRTQRY {PRINTEQ OR FYPE�}
S1GNA7URE
'iITLE
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FD�T
See aftached' Encumbrance �orm for d��� of Funding
Approval by Camptroller
- �r �
LEGAL REVI�W � -,--.. ..
l7EPARTMENi pF TFtANSPORTATEpN
❑e6bie Hunt
I7E�PARTMENT dF 7F2ANSPpRTATION
Qarector �fi �fransp�rtatiora ❑evelopmsnt
TlTLE
�zsoao-��
PUBLIC 1'#2AAFSPi7RTATi�N
OC�l11
Page +3 of 4
F�nancial Prajeck hia. 422 554 1 94i}1
C�ntract No. AQJ28
Agreement ��te �
ATTACHM�NT "A'"
SUPPLEMENTAL JQ�I�T PAf�T1GIPA�IQN AGkEEEVI�N7'
This Attachment forms an integral �ar� af that certa�n 5upp@emental Join# Partscip�tian Agreemerrt between
the 5tate Qf Flarida, [?epar#�rtent af Trans�c�rtateon and CEty of Clearwater
P.O. Bvx 4748, Clearwater, Flarida 33578
dated *k
E
DESCRIPTfON OF SUPPLEMEf�T {�r�cFude just�fieat�an fo� c�st change}: �
The supplemental agreemen# add an additianal $10Q,C��O fQ this Cc�ntract,
I. Project Cost:
Tatal Project Gosi
As Approved
$1,87�,q�i0.�la
$'1,875,iJ00.Q0
Rs Amended
$2,O�fl,00D.0�
$�,a��,oc�o.oa
�3et Gharage
$125,p[1f].DC1
��2�,000.oa
II. Fund Participation: As Approved As Am�nd�d Net Change
Department: �1,500;�4i].�0 $1,5Q(�,DQ�.C}C] $100,Qfli�.D(}
Agency: �375,0�[1.�� $40�,0[]fl.aQ $25,QOO.flfl
SC1, o�
Tot�i Projeet Cost $�,875,Q�D.OQ �2,Q�0,��0.(}� �125,OOO.a4
Comments:
725-03Q-C7
f'U��LIC TRAt+lSPOR7A71IJN
06111
Adr9ihonal Page
III. MU�TI-YEAR OR i��FEl�RED REIMB�RSEMEN"� PRt�JECT FUEVQIfUG
If � project is a mu�ti-year or prequali�ied ,�r�ject sWbject ta paragraphs G.1 D and "i 7.20 c�f #his agreernerat; funds
are programmed in the Department's W�rk prQgram in the fall�wing fiscal y�ar(s}:
FY
FY
FY
�Y
FY
FY
FY
FY
�Y
FY
FY
FY
FY
�Y
�Y
FY
FY
F1'
FY
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Project years may be advanc�d qr deferr�d subject fo Legislative appropriatior� or availability of funds.
�Clark, Ra rnond
Fr�r�t:
5ent:
To;
5ub�ect�
The jab F1989WMR
Thurstfay, September 2�, 2Q12 4:38 PM
Glark, Raymond
FIJNC�S APPRQI/ALIR�V�EWED F(7R CC]I�TRAGT AQ,�28
STATE DF FLORIDA DEPARTMENT {3F TRANSPC7RTATI[JN
FUNDS APPROVAL
Contract #AQ728 Contract Type;
Ver�dor Name: CLEAR4�ATER, CITY
Vendor I[]: VF59600@289�02
Begznning date of this Agm�: 02/22112
Ending date vf this Agmt: 96/3�17.7
Method af Procurement:
�**������*��*�:�**���������*���*���*����*����*��*��:�����*���*�����*������
[}RG-CQDE *EO *t7BJ�CT *AI��UNT '��iN PRQ�EC� *FCT *CFDA
(FISCAL 1'�AR} *�UL7GET ENTITY *CATEGC�RYICAT YEAf�
AMENC]MENT �� *5E[�, *US'ER ASSXGN�D Z� *ER1C LINE(65)/STATUS
�:��*����**�*�***�*��*����*�**����*�**�x***�����*�*�*����*���������x�**����
Action: SUPPLEMENTAL Fund� ha�ve been. APPRflVE�3
55 0720207'28 *PT *750004 � 10000@.@0 *42255419�101 *583 *
2@13 *551@01�t0 *0$87�9]�.3
5�@1 *00 * 2 *0002j�d4
--------------------_------------__--__-_--------------_____-_------------
TdTAL ,RNf�UNi: *$ T00,�00.90 *
FUNDS APFROVEQ/REVIE4JEf3 FC}R ROBTN M. NAITOVE, CPA, CQi�PTRflLLER
pA�E: 091�712@12
Please provide us yc�ur feedba�k an the Contract Funds Nlanagement Sys�em.
A sur�ey is a�ailable at th� fa�1€�wing link:
ht�q:{Icc�sharepoint.dot.state,fl.uslsi.teslQ�C1EM[�ICFI�/default.aspx
under the Surveys tab.
Thank yvu ir� advante for your time!
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Attachment number 2 \nPage 1
RESOLUTION NO. 12-21
A RESOLUTION OF THE CITY OF CLEARWATER,
FLORIDA AUTHORIZING THE EXECUTION OF
SUPPLEMENTAL JOINT PARTICIPATION AGREEMENT
(JPA) NUMBER 2 BETWEEN THE CITY OF CLEARWATER
AND THE STATE OF FLORIDA, DEPARTMENT OF
TRANSPORTATION AMENDING CONTRACT AQJ28 TO
INCLUDE $125,000.00 IN ADDITIONAL FUNDING FOR
THE COMPLETION OF WORK UNDER THE JPA, SUCH
AS, GROUNDWATER CLEANUP, THE PURCHASE AND
INSTALLATION OF AN AUTOMATED WEATHER
OPERATING SYSTEM (AWOS), THE PURCHASE OF A
PORTABLE FUELING TRAILER, THE PURCHASE OF AN
AUXILIARY POWER UNIT, AND THE PURCHASE OF AN
AIRCRAFT TUG, AT 80% FDOT AND 20% CITY FUNDING;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, on February 2, 2012, the City of Clearwater (City) authorized the
execution of a Joint Participation Agreement (JPA) AQJ28 between the City and
Florida's Department of Transportation (FDOT) for a project to install the appropriate
lighting, markings, and a Precision Approach Path Indicator (PAPI) System to the
Clearwater Airpark runway, and extend the runway to the north to improve safety; and
WHEREAS, on June 20, 2012, the City of Clearwater (City) authorized the
execution of Supplemental Joint Participation Agreement (JPA) AQJ28 Number 1 to
include additional work such as the completion of groundwater cleanup, the purchase
and installation of an automated weather operating system (AWOS), and the purchase
of a portable fueling trailer, auxiliary power unit, and aircraft tug at no additional cost to
either party; and
WHEREAS, FDOT has agreed to amend the JPA via Supplemental Joint
Participation Agreement Number 2 to include additional funding in the amount of
$125,000.00 for the completion of groundwater cleanup, the purchase and installation of
an automated weather operating system (AWOS), and the purchase of a portable
fueling trailer, auxiliary power unit, and aircraft tug at 80% FDOT and 20% City funding;
and
WHEREAS, adoption of Resolution 12-21 would authorize the appropriate
officials to execute Supplemental Joint Participation Agreement Number 2, which is
attached hereto as Exhibit "A;" now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF CLEARWATER, FLORIDA:
Item # 7
Resolution No. 12-21
Attachment number 2 \nPage 2
Section 1. The City Council hereby accepts and approves the Supplemental
Joint Participation Number 2 between the City and the State of Florida Department of
Transportation, Financial Project No.: 42255419401, Contract No.: AQJ28, at the
Clearwater Airpark.
Section 2. This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this
Approved as to form:
Camilo Soto
Assistant City Attorney
day of , 2012.
2
George N.Cretekos
Mayor
Attest:
Rosemarie Call
City Clerk
Item # 7
Resolution No. 12-21
Work Session
Council Chambers — City Hall
SUBJECT / RECOMMENDATION:
Meeting Date:10/29/2012
Approve a one—year renewal of Blanket Purchase Orda BR 507650 with Grosz Stamper Inc. of Tampa, FL, in the amount of $200,000
for the purchase of labor, materials and equipinent to perform various concrete projects including sidewalks, slabs, and curbs for a
variety of parks and recreation maintenance and construction projects. (consent)
SUMMARY:
Staff is requesting that Blanket Purchase Order (BPO) BR 507650 be renewed to Grosz Stamper Inc. of Tampa, FL who was the lowest
most responsive bidder (Bid 24-10) for concrete si�wallcs and flatwork in 2010.
The City is not obligated to use any or the entire amount being requested; in Fiscal Year 2011/12 the City spent approximately $120,000
on various concrete work and in Fiscal Year 2010/11 $150,000.
With over 100 parks in the City, there is a steady supply of minor work projects needed to repair sidewalks and bike paths in parlcs,
construct and repair bleacher pads, dugouts and flatwork at ballfields and parks. It is difficult and time consuming to get quotes and/or
bids for each small project and we find that we get better pricing by going with larger contracts/BPOs.
Any large construction project that exceeds the $100,000 limit will be bid out separately according to current City policy and brought
befare the Council for approval.
Grosz Stamper Inc. has been very responsive to the Ciry's needs this past year and after researching current costs for concrete work,
staff has discovered that the original bid price is still very competitive and lower than the competition.
Funding for this BPO will come from a variety of operating and Capital Improvement codes in the Parks and Recreation Department.
Bid Required?: Yes Bid Number:
24-10
Other Bid / Contract: Bid Exceptions: None
Review 1) Office of Management and Budget 2) Legal 3) Clerlc 4) Purchasing 5) Clerlc 6) Assistant City Manager 7) City
Approval: Manager 8) Clerk
Cover Memo
Item # 8
Work Session
Council Chambers — City Hall
SUBJECT / RECOMMENDATION:
Meeting Date:10/29/2012
Award a contract to Musco Lighting of Clermont, Florida, based on Clay County Bid 08/09-3 for the inshllation of a lighting system
for the west baseball field at Joe DiMaggio Sports Complex, for $134,930, approve the transfer of $13,000 froin CIP 315-93604
Boardwalk and Dock Repair and Replacement to Light Replacement and Repair CIP 315-94528 at first quar�r, and authorize the
appropriate officials to execute same. (consent)
SUMMARY:
The Council has established and approved annual CIP funding for severa] maintenance projects including Light Replacement and
Repair CIP 315-94528. In part, the scope of this p�ject is the annual replacement and repair of lighting systems at various parks and
recreation sites.
Funding for this project has decreased over the years due to the recent refurbishment of several major systems at Countryside, E.C.
Moore and Frank Tack Park. However, the west ballfield at Joe DiMaggio Sports Complex is one of the last sport fields that need a total
makeover.
The current system on the west field has lighting levels well below acceptable standards for high school and professional baseball.
This project will provide for the installation of four new concrete poles similar to the other poles on site as well as new light fixtures and
lighting hardware and controls to a lighting standard of 70—foot candles in the in�eld and 50—foot c�dles in the outfield, which brings it
to the standards existing on the east field.
Normally replacements of lighting systems are spaced out so that the available balance of funds in CIP 315-94528 is sufficient to
complete the replacements; however, due to the size of this project and reduction over the past few years of funding, staff is requesting
that $13,000 from CIP 315-93604 `Boardwalk and DockRepair and Replacement" be transferred at first quarter to cover tbe shortage
needed to do this project.
Capital project 315-94528, Light Replacement and Rq�air has $121,930 available for this project. The balance of $13,000 will be
provided with the transfer of $13,000 from capital project 3 1 5-93 604, Boardwalk and Dock Repair and Rq�lacement. The transfer of
funds from CIP 315-93604 will not adversely impact the schedule of boardwalk and dock replacement projects planned for this year.
Type:
Capital expenditure
Current Year Budget?: Yes
Budget Adjustment Comments:
Budget Adjustment: Yes
Transfer $13,000 from CIP 315-93604 "Boardwalk andDock Repair and Replacement" to CIP 315-94528 "Ligh Replacement and
Repair", at �rst quarter.
Current Year Cost:
Not to Exceed:
For Fiscal Year:
Appropriation Code
315-94528
$134,930
$134,930
2012 to 2013
Amount
$134,930
Annual Operating Cost:
Total Cost:
Appropriation Comment
$134,930
Cover Memo
Item # 9
Bid Required?: No Bid Number:
Other
Other Bid / Contract: 08/09-3 Bid Exceptions: Government
Bid
Review 1) Office of Management and Budget 2) Parks and Recreation 3) Off'ice of Management and
Approval: Budget 4) Legal 5) Clerk 6) Assistant City Manager 7) City Manager 8) Clerk
Cover Memo
Item # 9
Work Session
Council Chambers — City Hall
Meeting Date:10/29/2012
SUBJECT / RECOMMENDATION:
Award a Contract (Purchase Order) for $107,757.00 to Alan Jay Automotive Network of Sebring, FL for three Ford F-150 Pickup
trucks with CNG (compressed natural gas), in accordance with Sec. 2.564(1)(d), Code of Ordinances — Ofi�er Governmental bid;
authorize lease purchase under the City's Master Lease Purchase Agreement and authorize the appropriate officials to execute same.
(consent)
SUMMARY:
The three F-150 picicup trucks will be purchased th�ugh the Florida Sheriffs Contract 11-19-0907, Speiiication 34
and quote dated Oct. 3, 2012.
These trucks will replace G2966 (2005) with 100,346 miles, G3307 (2007) with 108,209 miles and G3313 (2007) with
90,367 miles. These trucks are included in the Fiscal Year 2012/2013 Garage CIP Replacement Fund.
The CNG bi—fuel conversion is $10,995 per truck. T1E average payback for the CNG conversion based on an average
of 1500 miles per month is 4 years.
Type: Purchase
Current Year Budget?: Yes
Budget Adjustment Comments:
Current Year Cost:
Not to Exceed:
For Fiscal Year:
Appropriation Code
0316-94241-564100-519—
0000
$22,413.00
2012 to 2013
Amount
$107,757.00
Budget Adjustment: None
Annual Operating Cost: $5,233.00
Total Cost: $27,646.00
Appropriation Comment
L/P CIP
Bid Required?: No Bid Number:
Florida
Sheriffs
Other Bid / Contract: Association Bid Exceptions: None
bid #11-19—
0907
Review 1) Financial Services 2) Office of Management and Budget 3) Legal 4) Clerk 5) Purchasing 6) Clerk��v�@us�iie�nt City
Approval: Manager 8) City Manager 9) Clerk
Item # 10
Work Session
Council Chambers — City Hall
SUBJECT / RECOMMENDATION:
Meeting Date:10/29/2012
Provide direction on the Florida Department of Transportation's proposed concept plan for the Court Street and Chestnut Street
crossings of the East Avenue Trail. (WSO)
SUMMARY:
This input is to be used in working with FDOT (Florida Department of Transportation) and the Metropolitan Planning
Organization on the LRTP (Long Range Transportation Plan) amendment that will be needed.
This concept plan will be incorporated into the final plans FDOT is formulating for the RRR (resurfacing,
reconstruction, and rehabilitation) project that is scheduled for the 2014/15 fiscal year.
Replacement of the railroad crossings is part of that RRR project as well.
FDOT is working with city staff on the scope of the MOT plan for this project including the railroad crossing
replacements.
The City of Clearwater has no financial obligation for this project.
Review Approval: 1) Office of Management and Budget 2) Lega13) Clerk 4) Assistant City Manager 5) City Manager 6) Clerk
Cover Memo
Item # 11
Bertels, Paul
From: Bertels, Paul
Sent: Monday, October 08, 2012 12:33 PM
To: Silverboard, Jill
Cc: Quilien, Michael; Patni, Himanshu
Subject: FW: Pinellas Traii (Court_Chestnut)
TI'aCklllg: Recipient
Silverboard. Jill
Quilien, Michae9
Patna, Himanshu
Read
Read: 10/8/2012 12:49 PM
Read: 10/8l2012 12:53 PM
The link below for the Grimail Crawford FTP site has the latest version of a concept plan FDOT is working on with city
staff for the mitigation of the East Avenue Trail crossing on Court Street and Chestnut Street. As you are probably�znrare
�
there is concern on the part of the bike community and the MPO about this crossing and this concept is what thq�DOT
and city traffic ops staff has been working on to improve the crossing and make it safer. It essentially narrows �ourt
between Myrtle Avenue and East Avenue to the two center lanes that go through to the beach. The idea is it cre�es a
shorter ped/bike crossing for the trail from four lanes to two lanes and along with the flasher operation makes it safer.
The same idea is applied to the Chestnut crossing as it is intended that the two lanes coming off the beach to go to SR 60
be more directly routed. The work would be done as part of the RRR work (resurfacing, reconstruction, rehabilitation)
in 2014/15 which also includes replacement of the entire railroad crossing. I would like to send this in a printed out
mounted format for the City Manager and Council Members to look at to determine if they want to see this at a work
session meeting or just informally review it. After City Council sees this and gives their blessing it would go to the MPO
for a LRTP amendment. If City Council does not like it and feels that they do not want this done then we need to let
FDOT know so that they can determine how much weight that carries in the process. It is quite possible that FDOT will
proceed whether City Council supports it or not but at least City Council has input early in the process. I would note that
FDOT was pushing to get the MPO LRTP amendment before City Council even saw this but I insisted that CC should see it
early on. It was quite strange really that FDOT staff was viewing it that way. We have modeled it using Synchro and the
narrowing does not create a serious delay issue. The only downside is that traffic in the outside lanes approaching Court
have to go either right or left but at the same time they are provided plenty of guidance. I am sending you the link
below so you can look at it and see if my approach is appropriate of if I should try something else as far as showing it to
council.
From: Rob Swann [mailto:rswannCa�gc-inc.com]
Sent: Monday, October 08, 2012 10:38 AM
To: Bertels, Paul; Patni, Himanshu
Subject: RE: Pinellas Trail (Court_Chestnut)
Yes, we have addressed their comments.
From: Rob Swann [mailto:rswann@gc-ine.cornl
Sent: Thursday, October 04, 2012 9:56 AM
To: Bertels, Paul
Cc: Patni, Himanshu
Subject: FW: Pinellas Trail (Court_Chestnut)
The new layout is on the FTP Site, below is the direct link:
ftp://�c-inc.com/Court Chestnut/
Username: fdotCa��c-inc.com
Password: fdot
Work Session
Council Chambers — City Hall
SUBJECT / RECOMMENDATION:
Meeting Date:10/29/2012
Approve a supplemental work order for $82,450 to Leggette, Brashears and Graham (EOR) of Tampa, Florida, for project related
design, permitting and bidding services to convert a Class V exploratory well to a Class I deep injection well for disposal of Reverse
Osmosis Treatment Plant by-product, and authorize the appropriate officials to execute same. (consent)
SUMMARY:
The City currently operates one reverse osmosis (RO) water treatment plant at Water Treatment Plant (WTP) 1
and is preparing to build a second RO plant at WTP 2. The concentrate from the RO Plant 1 is currently
discharged to the wastewater system, where it is treated at a wastewater treatment plant, and the effluent is
used for reclaimed water irrigation. The proposed RO WTP 2 will produce concentrate with water quality that is
too brackish to discharge to a wastewater treatment plant. As a result, the City is pursuing a Class I injection
well for disposal of the RO concentrate from both RO Plant 1 and RO Plant 2.
The drilling and testing of a concentrate injection deep exploratory well at the existing WTP 2 was recently
completed. Leggette, Brashears and Graham, Inc. (LBG) completed the design, permitting and construction
inspection of this exploratory well, which was used to investigate the potential for injecting concentrate from the
proposed RO WTP 2 into the Avon Park Formation of the Floridan aquifer (below the drinking water zone).
Testing was performed during the construction of the exploratory well to confirm that conditions are suitable as
an injection well for disposal of the concentrate.
The previous workorders (1 and 2) consisted of preparation of a Basis of Design Report, preparation of the
application to construct a Class V Exploratory Well, preparation of Bid Specifications, and assistance with the
bidding process for a well construction Contractor; and Construction Inspection of a Class V concentrate
injection exploratory well.
This supplemental workorder for LBG includes design, permitting and bidding services to construct a Class I
Test Injection Well (completion/conversion of the Class V Exploratory Well) and associated monitoring wells.
Sufficient funding is available in Capital Improvement Program project 0315-96767, Reverse Osmosis Pla�t at
Reservoir 2.
Type:
Capital expenditure
Current Year Budget?: Yes
Budget Adjustment Comments:
Current Year Cost:
Not to Exceed:
For Fiscal Year:
Appropriation Code
0315-96767-561300-533—
000-0000
82,450.00
82,450.00
2013 to 2014
Amount
82,450.00
Budget Adjustment:
Annual Operating Cost:
Total Cost:
Appropriation Comment
see summary sect�on
None
0
82,450.00
Cover Memo
Review Approval: 1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager 5) City ManageYt��Ier� 2
Attachment number 1 \nPage 1
LEGGETTE, BRASHEARS & GRAHAM, INC
SUPPLEMENTAL WORK ORDER INITIATION FORM
for the CITY OF CLEARWATER
Date:
Project Number:
September 4, 2012
City Project Number: 09-0044-UT
1. PROJECT TITLE:
Permitting and Bidding of a Class I Test Injection Well Conversion to Class V Injection Well
2. SCOPE OF SERVICES:
Leggette, Brashears & Graham, Inc. (LBG) is nearing completion of Work Order No. 2 for City Project
No. 09-0044-UT, Permitting and Construction of a Class I Concentrate Injection Well. Work Order
No. 2 included hydrogeological services for: oversight and reporting of the exploratory well
construction. The previous Work Order No. 1 consisted of preparation of a Basis of Design Report,
preparation of the application to construct a Class V Exploratory Well, preparation of Bid
Specifications, and assistance with the bidding process for a well construction Contractor. This
Work Order No. 3 includes preparation of an application and supporting documentation for an
FDEP permit to construct a Class I Test Injection Well (completion/conversion of the Class V
Exploratory Well) and associated monitoring wells; and preparation of bid documents and bidding
assistance for the Test Injection Well. Upon completion of the tasks in Work Order No. 3,
construction of the Test Injection Well and associated monitoring wells will be completed under
Work Order No. 4, which will be submitted once the FDEP permit for constructing the Class I Test
Injection Well is approved. Once wells are completed under Work Order No. 4, operational testing
for up to two years will be performed, after which an Operational Permit is obtained. LBG will
submit a Work Order No. 5 that will include compilation of monthly monitoring data and
preparation of monitoring reports during the test injection period, and preparation of the
application package and supporting documentation for the FDEP Injection Well Operating Permit.
Item # 12
WO Initiation Form.docx 1 Of 8 form revised: 9/4/2012
Attachment number 1 \nPage 2
PRE-DESIGN PHASE
Task 1 - Not Applicable
II. DESIGN PHASE
Task 1- Attend Technical Advisory Committee Meetings
LBG will attend up to two (2) meetings with the Underground Injection Control (UIC) Technical
Advisory Committee (TAC). The purpose of these meetings is to discuss the Exploratory Well
Construction and Testing Report, and discuss issues identified by the TAC related to conversion of
the well to a Class I Test Injection Well, and how they should be addressed in the Class I Test
Injection Well permit application and subsequent well construction and testing program.
Additionally, the LBG Project Manager will attend the monthly progress meetings held for the RO 2
Construction Project. Correspondence related to the agenda or meeting minutes will be provided
as needed.
Task 2— Prepare the Class I Test Injection Well Construction Permit Application Package
LBG will prepare an application for construction and testing of a Class I Test Injection Well
(conversion of the Class V Exploratory Well) and associated monitoring wells in accordance with
Chapter 62-528.440 and 450 F.A.C. The application package will include an Area of Review Report,
and a well construction and testing program that addresses the requirements of Chapter 62-
528.405, and .410. Design drawings will be prepared for the test injection well and associated
monitoring wells. The design plans shall be compiled using one of the following two methods: 1)
The City of Clearwater CAD standards, as attached, 2) Pinellas County Survey CAD standards for
survey base map and City Of Clearwater standards for the design portion. A Professional Engineer
will sign and seal all documents/drawings, as required. The Exploratory well will be completed as a
functional Test Injection Well that will operate for the operational test period when the R02 plant is
complete. LBG will provide a draft of the application package to the City for review and comment.
After the City review, the package will be finalized and submitted to the FDEP.
III. FINAL DESIGN PHASE
Task 1- Prepare Final Test Well Design
Based on comments from the TAC during the permit review process, the injection and monitoring
well design, and proposed well construction and testing procedures will be finalized. The final
documents will be the basis for the technical specifications used in the subsequent bidding phase.
Task 2- Preparation of Bid Documents
Item # 12
WO Initiation Form.docx 2 Of 8 form revised: 9/4/2012
IV
�
4
5.
�
Attachment number 1 \nPage 3
The technical specifications prepared in the previous phase will be merged with the contract
documents provided by the City, and a bid form prepared by LBG to create a bid document for
construction/conversion and testing of the test injection well and associated monitoring wells.
BIDDING PHASE
Task 1— Assistance with Bidding
LBG will attend a pre-bid meeting and provide responses from Contractor's questions to the City for
preparation of addenda. We will then review the bids received, and make a recommendation to
the City for acceptance of the lowest responsive and qualified bid.
PROJECT GOALS:
The following work products will be submitted during the project:
1)
2)
Test Injection Well Construction Permit Application Package
Weekly Progress Reports
BUDGET:
Attachment "B" provides a breakdown of the total cost per task for the services included in this
Work Order No. 3. This price includes all labor and expenses anticipated to be incurred by
Leggette, Brashears & Graham, Inc. for the completion of these tasks in accordance with
Professional Services Method "A" — Cost Times Multiplier Basis, for a fee of eighty two
thousand, four hundred fifty Dollars ($82,450.00), and not to exceed fees for task allowances
totaling zero Dollars ($0.00). It is assumed that the FDEP permit fee of $12,500 will be paid
directly by the City.
SCHEDULE:
The project is to be completed 180 days from issuance of notice-to-proceed. The project
deliverables are to be phased as follows:
Submit Class I Test Well Construction Permit Application
Prepare Final Test Well Design Preparation of Bid Documents
Receive Bids for Construction
STAFF ASSIGNMENT (Consultant):
David A. Wiley, P.G. — Project Manager
Jeffrey M. Trommer— Lead Project Hydrogeologist
Roy Silberstein — Lead Professional Engineer
30 days
150 days
180 days
Item # 12
WO Initiation Form.docx 3 of 8 form revised: 9/4/2012
Attachment number 1 \nPage 4
Richard Cofer — Sr. Hydrogeologist (Lead Field Staff)
Deborah Daigle — Sr. Hydrogeologist
Ron Ewinski — Sr. Hydrogeologist
Tim Harrell — Drafting
Dayna Green — Word Processing
7. CORRESPONDENCE/REPORTIIVG PROCEDURES:
ENGINEER's project correspondence shall be directed to:
David A. Wiley, P.G.
All City project correspondence shall be directed to:
Robert A. Maue, P.E.
8. INVOICING/FUIVDING PROCEDURES:
Invoices shall be submitted monthly to the City of Clearwater, Attn: Veronica Josef, Senior Staff
Assistant, Engineering, P. O. Box 4748, Clearwater, Florida 33758-4748, for work performed.
Invoices will be prepared monthly on a time and material basis in accordance with the attached
fee schedule.
City Invoicing Code: 0315-96767-561300-533-000-0000
9. INVOICING PROCEDURES
At a minimum, in addition to the invoice amount(s) the following information shall be provided
on all invoices submitted on the Work Order:
A. Purchase Order Number and Contract Amount.
6. The time period (begin and end date) covered by the invoice.
C. A short narrative summary of activities completed in the time period
D. Contract billing method — Lump Sum or Cost Times Multiplier
E. If Lump Sum, the percent completion, amount due, previous amount earned and total
earned to date for all tasks (direct costs, if any, shall be included in lump sum amount).
F. If Cost Times Multiplier, hours, hourly rates, names of individuals being billed, amount due,
previous amount earned, total earned to date for each task and other direct costs (receipts
will be required for any single item with a cost of $50 or greater or cumulative monthly
expenses greater than $100).
G. If the Work Order is funded by multiple funding codes, an itemization of tasks and invoice
amounts by funding code.
10. SPECIAL CONSIDERATIONS:
Not Applicable
Item # 12
WO Initiation Form.docx 4 Of 8 form revised: 9/4/2012
PREPARED BY:
David A. Wiley
Senior Vice President
Leggette, Brashears & Graham, Inc.
Seatember 17. 2012
Date
APPROVED BY:
Michael D. Quillen, PE
City Engineer
City of Clearwater
Date
Attachment number 1 \nPage 5
Item # 12
WO Initiation Form.docx 5 of 8 form revised: 9/4/2012
Attachment number 1 \nPage 6
Attachment "A"
° �learw�ater
�
�
CITY OF CLEARWATER
ENGINEERING DEPARTMENT
WORK ORDER INITIATION FORM
CITY DELIVERABLES
1. FORMAT
The design plans shall be compiled utilizing the following methods:
1. City of Clearwater CAD standards.
2. Datum: Horizontal and Vertical datum shall be referenced to North American Vertical
Datum of 1988 (vertical) and North American Datum of 1983/90 (horizontal). The unit of
measurement shall be the United States Foot. Any deviation from this datum will not be
accepted unless reviewed by City of Clearwater Engineering/Geographic Technology
Division.
2. DELIVERABLES
The design plans shall be produced on bond material, 24" x 36" at a scale of 1" = 20' unless
approved otherwise. Upon completion the consultant shall deliver all drawing files in digital
format with all project data in Autodesk Civil 3D file format. If not available Land Desktop files
are still acceptable, however the City or Clearwater is currently phasing out Land Desktop.
NOTE: If approved deviation from Clearwater CAD standards are used the Consultant shall
include all necessary information to aid in manipulating the drawings including either PCP, CTB
file or pen schedule for plotting. The drawing file shall include only authorized fonts, shapes, line
types or other attributes contained in the standard AutoDesk, Inc. release. All block references
and references contained within the drawing file shall be included. Please address any
questions regarding format to Mr. Tom Mahony, at (727) 562 4762 or email address
Tom.Mahony@myClearwater.com.
All electronic files (CAD and Specification files) must be delivered upon completion of project or
with 100% plan submittal to City of Clearwater.
Item # 12
WO Initiation Form.docx 6 of 8 form revised: 9/4/2012
Attachment number 1 \nPage 7
Attachment "B"
Clearwater Concentrate Injection Deep Well Project
Leggette, Brashears & Graham, Inc.
WORK ORDER INITIATION FORM
PROJECT BUDGET
Task Description Subconsultant Labor Total
Services
1.0 Pre- Design
1.1 Project Management Plan $0
1.2 Progress Reports $0
1.3 Coordination $0
1.4 Meetings $0
1.5 Task Allowance (10%) $0
$0
2.0 Design
2.1 Attend TAC and Monthly Meetings $0 $15,984 $15,984
2.2 Prepare Class I Test Inj. Well Permit Application $0 $46,536 $46,536
2.3
2.4
2.5
$62,520
3.0 Final Design Plans and Specifications
3.1 Prepare Final Well Design $0 $6,860 $6,860
3.2 60% Submittal $6,976 $6,976
3.3 90% Submittal $0
3.4 Final Construction Documents $0
3.5 Task Allowance (10%) $0
$13,836
4.0 Bidding Services
4.1 Bidding Assistance $4,476 $4,476
4.2
$4,476
Subtotal, Labor and Subcontractors $80,832
Permit Fees $12,5001
Other Direct Costs (prints, photocopies, postage, etc.) $1,618
(Not applicable to lump sum Work Orders)
Grand Total $82,450
1 City to pay directly
Item # 12
WO Initiation Form.docx 7 Of 8 form revised: 9/4/2012
Attachment number 1 \nPage 8
Attachment "B"
CITY OF CLEARWATER ENGINEER OF RECORD RFQ 12-09
2012 DIRECT AOURLY RATES
LEGGETTE, BRASHEARS AND GRAHAM, INC.
Rate
Job Classification Minimum ($ / hour) Maximum
Typical
Senior Vice President $70 $72 $74
Vice President/Officer-in-Charge $70 $72 $74
Project Manager/Associate Principal $55 $57 $60
Construction Manager $28 $30 $35
Construction Engineer $28 $30 $35
Senior Engineer/Scientist $28 $30 $35
Engineer/Scientist (III-IV) $26 $28 $30
Engineer/Scientist (I-III) $24 $26 $28
Planner
Landscape Architect
Field Technician $26 $28 $35
Senior Designer
Drafter/CADD Operator $26 $28 $35
Operations Specialist
Fiscal/Accounting $20 $22 $30
Administrative/Clerical $20 $22 $30
MULTIPLIER: 3.4
Item # 12
WO Initiation Form.docx 8 Of 8 form revised: 9/4/2012
Work Session
Council Chambers — City Hall
SUBJECT / RECOMMENDATION:
Meeting Date:10/29/2012
Award a construction contract to Adkins Contracting, Inc, of Ruskin, Florida, in the amount of $152,496.30 for the Ewing and
Tuskawilla Starm Pipe Replacement Project (11-0061-EN), and authorize the appropriate officials to execute same. (consent)
SUMMARY:
The City of Clearwater Engineering Department has determined that the existing corrugated metal pipe at this location is
deteriorated and near the end of its life cycle. Depressions have formed over the pipe at several locations and the system
included sub—standard inlets and junction boxes.
This project consists of the construction of approximately 490 LF of 36—inch diameter pipe, curb inle�, junction boxes,
removal of the existing stormwater infrastructure and all associated incidental work.
There were six other bids submitted for this project. Adkins Contracting, Inc is the lowest responsible bidder.
The Stormwater Maintenance Division is responsible for operating, inspecting, and maintaining the storm systems.
Replacement of the existing system will reduce the frequency of maintenance requests.
Sufficient funding is available in Capital Improvement Program project 0315-96169, Stevenson Creek.
Type:
Capital expenditure
Current Year Budget?: Yes
Budget Adjustment Comments:
See summary
Current Year Cost:
Not to Exceed:
For Fiscal Year:
Appropriation Code
0315-96169-563700-539—
000-0000
Bid Required?:
$ l 52,496.30
$152,496.30
2012 to 2013
Amount
$152,496.30
Yes
Budget Adjustment:
Annual Operating Cost:
Total Cost:
Appropriation Comment
See summary
Bid Number:
No
$152,496.30
11-0061-EN
Other Bid / Contract: Bid Exceptions: None
Review 1) Engineering 2) Financial Services 3) Office of Management and Budget 4) Legal 5) Clerlc 6) Ass��.�,t ��o
Approval: Manager 7) City Manager 8) Clerk
Item # 13
�:�►� ► u: :
CONTRACT BOND
STATE OF FLORIllA
COUNTY OF
Attachment number 1 \nPage 1
KNOW ALL MEN BY THESE PRESENTS: "That we ADKINS CONTRACTING, INC. as
Contractor and BANKERS INSURANCE COMPANY (Surety) whose home address is P. O. BOX
15707, ST. PETERSBURG, FLORIDA 33733.
HEREINAFTER CALLED THE "Surety", are held and firmly bound into the City of Clearwater,
Florida (hereinafter called the "Owner") in the penal sum of ONE HUNDRED FIFTY-TWO
THOUSAND FOUR HUNDRED NINETY-SIX DOLLARS AND THIRTY CENTS
($152,496.30) for the payment of which we bind ourselves, our heirs, executors, administrators,
successors, and assigns for the faithful performance of a certain written contract, dated the
day of , 2012, entered into between the Contractor and the City of
Clearwater for:
EWING & TUSKAWILLA STORM PIPE REPLACEMENT
PROJECT #:11-0061-EN
a copy of which said contract is incorporated herein by reference and is made a part hereof as if fully
copied herein.
NOW THEREFORE, THE CONDITIONS OF THIS OBLIGATION ARE SUCH, that if the
Contractor shall in all respects comply with the terms and conditions of said contract, including �he
one-year guarantee of material and labor, and his obligations thereunder, including the contract
documents (which include the Advertisement for Bids, Form of Proposal, Form of Contract, Form of
Surety Bond, Instructions to Bidders, General Conditions and Technical Specifications) and the
Plans and Specifications therein referred to and made a part thereof, and such alterations as may be
made in said Plans and Specifications as therein provided for, and shall indemnify and save harmless
the said Owner against and from all costs, expenses, damages, injury or conduct, want of care or
skill, negligence or default, including patent infringements on the part of the said Contractor agents
or employees, in the execution or performance of said contract, including errors in the plans
furnished by the Contractor, and further, if such "Contractor" or "Contractors" shall promptly make
payments to all persons supplying him, them or it, labor, material, and supplies used directly or
indirectly by said Contractor, Contractors, Sub-Contractor, or Sub-Contractors, in the prosecution of
the work provided for in said Contract, this obligation shall be void, otherwise, the Contractor and
Surety jointly and severally agree to pay to the Owner any difference between the sum to which the
said Contractor would be entitled on the completion of the Contract, and that which the Owner may
be obliged to pay for the completion of said work by contract or otherwise, & any damages, direct or
indirect, or consequential, which said Owner may sustain on account of such work, or on account of
the failure of the said Contractor to properly and in all things, keep and execute all the provisions of
said contract.
Item # 13
Contract for Sign.doc Page 1 of 14 7/26/2012
Attachment number 1 \nPage 2
CONTRACT BOND
�2)
And the said Contractor and Surety hereby further bind themselves, their successors, executors,
administrators, and assigns, jointly and severally, that they will amply and fully protect the said
Owner against, and will pay any and all amounts, damages, costs and judgments which may be
recovered against or which the Owner may be called upon to pay to any person or corporation by
reason of any damages arising from the performance of said work, or of the repair or maintenance
thereof, or the manner of doing the same or the neglect of the said Contractor or his agents or
servants or the improper performance of the said work by the Contractor or his agents or servants, or
the infringements of any patent rights by reason of the use of any material furnished or work done; as
aforesaid, or otherwise.
And the said Contractor and Surery hereby further bind themselves, their successors, heirs,
executors, administrators, and assigns, jointly and severally, to repay the owner any sum which the
Owner may be compelled to pay because of any lien far labor material furnished for the work,
embraced by said Contract.
And the said Surety, for the value received, hereby stipulates and agrees that no change, extension of
time, alteration or addition to the terms of the contract or to the work to be performed thereunder or
the specifications accompanying the same shall in any way affect its obligations on this bond, and it
does hereby waive notice of any such change, extension of time, alteration or addition to the terms of
the contract or to the work or to the specifications.
IN TESTIMONY WHEREOF, witness the hands and seals of the parties hereto this
day of , 2012
ADHINS CONTRACTING, INC.
CONTRACTOR
ATTEST:
WITNESS:
COUNTERSIGNED:
:
SURETY
IC
ATTORNEY-IN-FACT
Item # 13
Contract for Sign.doc Page 2 of 14 7/26/2012
Attachment number 1 \nPage 3
CONTRACT
This CONTRACT made and entered into this day of , 2012 by and
between the City of Clearwater, Florida, a municipal corporation, hereinafter designated as the
"City", and ADHINS CONTRACTING, INC., of the City of RUSHIN County of
HILLSBQROUGH and State of Florida, hereinafter designated as the "Contractar".
WITN�SSETH:
That the parties to this contract each in consideration of the undertakings, promises and agreements
on the part of the other herein contained, do hereby undertake, promise and agree as follows:
The Contractor, and his or its successors, assigns, executors or administrators, in consideration of the
sums of money as herein after set forth to be paid by the City and to the Contractor, shall and will at
their own cost and expense perform all labor, furnish all materials, tools and equipment for the
following:
EWING & TUSKAWILLA STORM PIPE REPLACEMENT (11-0061-EN) IN THE
AMOUNT OF ONE HUNDRED FIFTY-TWO THOUSAND FOUR HUNDI2ED NINETY-SIX
DOLLARS AND THIRTY CENTS ($152,496.30)
In accordance with such proposal and technical supplemental specifications and such other special
provisions and drawings, if any, which will be submitted by the City, together with any
advertisement, instructions to bidders, general conditions, proposal and bond, which may be hereto
attached, and any drawings if any, which may be herein referred to, are hereby made a part of this
contract, and all of said work to be performed and completed by the contractor and its successors and
assigns shall be fully completed in a good and workmanlike manner to the satisfaction of the City.
If the Contractor should fail to comply with any of the terms, conditions, provisions or stipulations
as contained herein within the time specified far completion of the work to be performed by the
Contractor, then the City, may at its option, avail itself of any or all remedies provided on its behalf
and shall have the right to proceed to complete such work as Contractor is obligated to perform in
accordance with the provisions as contained herein.
THE CONTRACTOR AND HIS OR ITS SUCCESSORS AND ASSIGNS DOES HEREBY
AGRI�E TO ASSUME THE DEFENSE OF ANY LEGAL ACTION WHICH MAY BE
BROUGHT AGAINST THE CITY AS A RESULT OF THE CONTRACTOR'S ACTIVITIES
AI2ISING OUT OF THIS CONTRACT AND FURTHERMORE, IN CONSIDERATION OF
THE TERMS, STIPULATIONS AND CONDITIONS AS CONTAINED HEREIN, AGREES
TO HOLD THE CITY FREE AND HARMLESS FROM ANY AND ALL CLAIMS FOR
DAMAGES, COSTS OF SUITS, JUDGMENTS OR DECItEES RESULTING FROM ANY
CLAIMS MADE UNDER THIS CONTRACT AGAINST THE CITY OR THE
CONTRACTOR OR THE CONTRACTOR'S SUB-CONTRACTORS, AGENTS, SERVANTS
OR EMPLOYEES RESULTING FROM ACTIVITIES BY THE AFOREMENTIONED
CONTRACTOR, SUB-CONTRACTOR, AGENT SERVANTS OR EMPLOYEES.
Item # 13
Contract for Sign.doc Page 3 of 14 7/26/2012
Attachment number 1 \nPage 4
CONTRACT
(2)
In addition to the foregoing provisions, the Contractor agrees to conform to the following requirements:
In connection with the performance of work under this contract, the Contractor agrees not to
discriminate against any employee or applicant for employment because of race, sex, religion, color, or
national origin. The aforesaid provision shall include, but not be limited to, the following:
employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; lay-off or
termination; rates of pay or other forms of compensation; and selection far training, including
apprenticeship. The Contractor agrees to post hereafter in conspicuous places, available for employees
or applicants for employment, notices to be provided by the contracting officer setting forth the
provisions of the non-discrimination clause.
The Contractar further agrees to insert the foregoing provisions in all contracts hereunder, including
contracts or agreements with labor unions and/or worker's representatives, except sub-contractors for
standard commercial supplies or raw materials.
It is mutually agreed between the parties hereto that time is of the essence of this contract, and in the
event that the work to be performed by the Contractor is not completed within the time stipulated
herein, it is then further agreed that the City may deduct from such sums or compensation as may be
due to the Contractor the sum of $1,000.00 per dav for each day that the work to be performed by the
Contractor remains incomplete beyond the time limit specified herein, which sum of $1,000.00 per
d� shall only and solely represent damages which the City has sustained by reason of the failure of
the Contractor to complete the work within the time stipulated, it being further agreed that this sum is
not to be construed as a penalty but is only to be construed as liquidated damages for failure of the
Contractor to complete and perform all work within the time period as specified in this contract.
It is further mutually agreed between the City and the Contractor that if, any time after the execution of
this contract and the surety bond which is attached hereto for the faithful performance of the terms and
conditions as contained herein by the Contractor, that the City shall at any time deem the surety or
sureties upon such performance bond to be unsatisfactory or if, for any reason, the said bond ceases to
be adequate in amount to cover the performance of the work the Contractor shall, at his or its own
expense, within ten (10) days after receipt of written notice from the City to do so, furnish an additional
bond or bonds in such term and amounts and with such surety or sureties as shall be satisfactory to the
City. If such an event occurs, no further payment shall be made to the Contractor under the terms and
provisions of this contract until such new or additional security bond guaranteeing the faithful
performance of the work under the terms hereof shall be completed and furnished to the City in a form
satisfactory to it.
Item # 13
Contract for Sign.doc Page 4 of 14 7/26/2012
Attachment number 1 \nPage 5
CONTRACT
(3)
IN WITNESS WHEREOF, the parties to the agreement have hereunto set their hands and seals and
have executed this Agreement, in duplicate, the day and year first above written.
CITY OF CLEARWATER
IN PINELLAS COUNTY, FLORIDA
By:
William B. Horne, II
City Manager
Countersigned:
�
George N. Cretekos,
Mayor
(Contractor must indicate whether Corporation,
Partnership, Company or Individual.)
(The person signing shall, in his own
handwriting, sign the Principal's name, his own
name, and his title; where the person is signing
for a Corporation, he must, by Affidavit, show
his authority to bind the Corporation).
(Seal)
Attest:
Rosemarie Call
City Clerk
Approved as to form:
Camilo Soto
Assistant City Attorney
(Contractor)
By: (SEAL
Item # 13
Contract for Sign.doc Page 5 of 14 7/26/2012
Attachment number 1 \nPage 6
CONTRACTOR'S AFFIDAVIT FOR FINAL PAYMENT
(CORPORATION FORM)
STATE OF FLORIDA
COUNTY OF
On this day personally appeared before me, the undersigned authority, duly authorized to
administer oaths and take acknowledgments, , who after being duly sworn,
deposes and says:
That he is the (TITLE)
of , a Florida Corporation, with its principal
place of business located at (herein, the
"Contractor").
That the Contractor was the general contractor under a contract executed on the day
of , 20_ with the CITY OF CLEARWATER, FLORIDA, a municipal
corporation, as Owner, and that the Contractor was to perform the construction of
EWING & TUSKAWILLA STORM PIPE REPLACEMENT (11-0061-EN)
That said work has now been completed and the Contractor has paid and discharged all sub-
contractors, laborers and material men in connection with said work and there are no liens outstanding
of any nature nor any debts or obligations that might become a lien or encumbrance in connection with
said work against the described property.
That he is making this affidavit pursuant to the requirements of Chapter 713, Florida Statutes,
and upon consideration of the payment of (Final Full Amount of Contract} in
full satisfaction and discharge of said contract.
That the Owner is hereby released from any claim which might arise out of said Contract.
The word "liens" as used in this affidavit shall mean any and all arising under the operation of
the Florida Mechanic's Lien Law as set forth in Chapter 713, Florida Statutes.
Sworn and subscribed to before me
This day of , 20
I:•
NOTARY PUBLIC
My Commission Expires:
AFFIANT
PRESIDENT
Item # 13
Contract for Sign.doc Page 6 of 14 7/26/2012
Attachment number 1 \nPage 7
Bond Number: 3207457
PROPOSAL BOND
(Not to be filled out if a certified check is submitted)
KNOW ALL MEN BY THESE PRESENTS: That we, the undersigned,
Adkins Contracting, Inc. __ � as Principal, and
Bankers Insurance Company � as Surety, are held
and firmly bound unto the City oi Clearwater, Flarida in the sum of
Ten Percent of the Amount Bid Dollars ($ 10% )
(being a ininimum of 10% of Contractor's total bid amount) for the payment
of which, well and truly to be made, we hereby jointly and severally bind
ourselves, our heirs, executars, adininistrators, successars and assigns.
The condition of the above obligation is such that if the attached
Proposal of Adkins Contracting, Inc. � as Principal, and
Bankers Insurance Company as Surety, for work
specitied as: Ewing & Tuskawilla Storrn Pipe Replacement
all as stipulated in said Proposal, by doing all work incidental thereto,
in accordance with the plans and specifications provided herefor, all
within Pinellas County, is accepted and the contract awarded to the above
named bidder, and the said bidder shall within ten days after notice of
said award enter into a contract, in writing, and furnish the required
Performance Bond with surety or sureties to be approved by the City
Manager, this obligation shall be void, otherwise the same shall be in
full force and virtue by law and the full amount of this Proposal Bond
will be paid to the City as stipulated or liquidated damages.
Signed this 4Th day of October , 2012 .
(Principal must indicate whether
corporation, partnership, company or Adki - Co,ntracting, Inc.
� �. � �>" -��
individual) - / .._ � � / �
!� -�' �/ . i�„�_�
The person signing shall, in his own � Principal
handwriting, sign the Principal's � ,
name, his own naine and his title; the '� � BY� �.�i''�Sd� �n f:
person signing for a corporation Title
must, by affidavit, show his authority
to bind the corporation.
Bankers Insurance Company
�,° ��; �" _ __ � -
Surety David B. Shick
"Attorney-In-Fact" and
"Florida Resident Agent"
Item # 13
Power of Attorney
Bankers Insurance Company
Attachment number 1 \nPage 8
KNOW ALL MEN BY THESE PRESENTS, that BANKERS INSURANCE COMPANY, a corporation duly
organized under the laws of the State of Florida, and having its principal office in the City of St. Petersburg,
Pinellas County, Florida, does hereby nominate, constitute and appoint:
"David B. Shick*
of the City of Tampa Hillsborough County, State of Florida , its true
and lawful Attorney-in-fact, with full power and authority hereby conferred upon him/her to make, execute, seal
and deliver for and on its behalf, as Surety, as its act and deed, any and all bonds, undertakings consent or
Agreement not exceeding the sum of Two Million and xx/100 dollars ------------------------------ $2,000,000.00
which this Company may be authorized to write.
This Power of Attorney is granted and is signed and sealed under and by the authority of the following
resolutions adopted by the Board of Directors of Bankers Insurance Company, and now in force to-wit:
BE IT RESOLVED, that the Chairman of the Board, President and any Vice President of the Corporation are hereby
authorized to execute Powers of Attorney, qualifying the Attorney(s)-in-Fact named in the Powers of Attomey to execute,
on behalf of the Corporation, bonds, undertakings and contracts of suretyship; and that the Secretary or any Assistant
Secretary of the Corporation are hereby authorized to attest the execution of any such Power of Attorney.
BE IT FURTHER RESOLVED, that the signatures of such officers may be affixed to any such Power of Attorney or to
any certificate relating thereto by facsimile, any and such Power of Attorney or certificate bearing such facsimile
signatures shall be valid and binding upon the corporation when so affixed in the future with respect to any bond,
undertaking or contract of suretyship to which it is attached.
IN WITNESS WHEREOF, Bankers Insurance Company has caused these presents to be executed by their duly
authorized officers as of this 1St day of Ju�l r, 2010.
ATTEST:
� ���
Nancy C. Hair Assistant Secretary
BANKE INSURA E COMPANY
�, , �� �f,,�3' ��
, i
��� ' � ,
, ; � �
r
By. ,�,, � �.3���;�--__ .
David K. Meehan, President
STATE OF FLORIDA )
COUNTY OF PINELLAS )
The foregoing instrument was acknowledged before me 1St day of J�, 2010 by David K Meehan and Nancy C. Haire, as
President and Assistant Secretary, respectively, of Bankers Insurance Company, a Florida corporation, on behalf of the corporation.
���� �
(NOTARY PUBLIC)
I, the undersigned, Assistant Secretary of Bankers Insurance Company do hereby certify that the original Power of Attorney, of which the
foregoing is a full, true and correct copy, is in full force and effect.
IN WITNESS WHEREOF, I have hereunto subscribed my name as Assistant Secretary, and affix the corporate seai of the Corporation this
��f�f' __ day of DL�-�C�%�1'' , 20 I''o�
(SEAL) � � • �i # 13
Nancy C. Ha , Assistant Secretary
AFFI DAVIZ'
("i�o be tilled in and executed ifthe bidder is a corporation)
STAT� OF FLORIDA )
COUNTY OF ,'}�, )
Secretary of ���5 �?L,�;�f�s�����
a corporation organized and existinb u
its principal office at:
5i ��_ ���� �.-�
Street & Number
Attachment number 1 \nPage 9
being duly sworn, deposes and says that he/she is
der and by virtue of the laws of the State of f=lorida, and having
�--� . �35� . }�yt1�_�.�___ �1�ic ,
City County State
Aftiant further says that he is familiar with the records, minute books and by-laws ot�
(Name of Corporation)
Aftiant fin-ther says that �L.�C it �"c�r� ��i�_ �s i���� � eZ ---
(Officer's Name) (` itle)
ofthe corporation, is duly authorized to sign the Proposal for ���n� (�,,,y-�}�1C�� �� .
for said corporation by virtue of_
(state whether a provision of by laws or a Resolution of the Board of
Directors. If by Resolu�n <��ve date of adoption). _. ,
��.,:�� ; �
%� '�. �' ° !�� � �/_�.�f'
Affiant
i � '� ,-Z
Sworn to before me this ,/ day of ;�C�/u�- `� ,�p �
,
� ,
� — _��c/ L- ',��'� -
�
Notaiy Public
�,.�aY p , PHILIP WILLMAN
. �� �s'•
;i�, $`� ; Notary PubEec - Stats of floT� print/stamp name of Notary
_'• p ;•: My Cornr�. Expires Oct 1, 2096
' %° `o�`= Commission # EE 836046 ' ,i/�
'�9 F 'ir �' ���,` ,(
�"� Bonded Through Na!ional Natar Assn. �'� 1��:�c/ � G'ri7�l� �.
'" "" i e or rank, and Serial No., if any
SectionV.doc Page 8 of� 14 7(���)� � 3
Attachment number 1 \nPage 1�
NON-COLl.US10N AFFIDAV[T
STATE OF FLORIllA )
COUNTY OF . ��i, ��.�-,� �
�'�=���_��� m1S ____ being, first duly sworn, deposes and says that he is
�I���d�__v�T�►1e2 of���i�� ' �Y`�c�C��r-iC9 � �tC , --
_�-
the party making the foregoinb Proposai or Bid; that such Bid is genuine and not collusive or sham:
that said bidder is not financially interested in or otherwise affiliated in a business way with any other
bidder on the same cont�act; that said bidder has not colluded, conspired, connived, or agreed, directly
or indirectly, with any bidders or person, to put in a sham bid or that such other person shall refrain
from bidding, and has not in any manner, directly or indirectly, sou�ht by agreement or collusion, or
communication or conference, with any person, to fix the bid price or aftiant or any other bidder, or to
fix any overhead, profiit or cost element of said f�id price, or that of any other bidder, or to secure any
advantage against the City of Clearwater, Florida, or any person or persons interested in the proposed
contract; and that all statements contained in said proposal �r bid are true; and fi�rther, that such bidde►-
has not directly o►- indirectly submitted this bid, or the contents thereoF, �r divulged information or data
relative thereto to any association or to any member or abent thereof.
�:��/ lj �/%�=
Affiant
i./
Sw�rn to and subscribed before me this �_ day of �C�Ctx� , 20 f Z.
� �/
/� �L��%i,-
.
Notary Public
PHILIP WILLMAN
• `1,0.v ,PVB,��•i
;z°m m'�: Notary Public - Staie o4 Florida
=•. ;• 3 My Comm. Expires Oct S, 2016
=;� `rac Commission # EE 636046
,,E.
-� ���� Bonded Throuqh Na�innal Notary Assn
SectionV.doc Nage 9 0}� 14 ��+���# 13
Attachment number 1 \nPage 1
PROPOSAL
(�)
TO THE CITY OF CLEARWATER, FLOKIDA, for
EWING & TUSKAWILLA STORM PIPE REYLACEMF:NT (11-0061-EN)
and doing such other work incidental thereto, all in accordance with the contract documents, marked
EWING & TUSKAWILLA STORM PIPE REPLACEMENT (11-00G1-EN)
Every bidder must take notice of the fact that even though his proposal be accepted and the documents
signed by the bidder to whom an award is made and by those officials authorized to do so on behalf of
the City of Clearwater, Florida, that no such award or signing shall be considered a binding contract
without a certificate from the Finance Director that funds are available to cover the cost ofthe work to
be done, or without the approval of the City Attorney as to the fonr� and legality of the contract and all
the pertinent documents relatin� thereto having been approved by said City Attorney; and such bidder
is hereby charged with this notice.
The sibner of the Proposal, as bidder-, also declares that the only person, persons, company or parties
interested in this Proposal, are named in this Proposal, that he has carefiilly examined the
Advertisement, lnstructians to Bidders, Contract Specitications, Plans, Supplemental Specitications,
General Conditions, Special Provisions, and Coiatract Bond, that he or his representative has made such
investigation as is necessary to detern�ine the character and c:xtent of the work and he proposes and
agrees that ifthe Proposal be accepted, he will contract with the City ofClearwater, Florida, in the f<>nn
of contract; hereto anneYed, to provide the necessary labo►•, materials, machinery, equipment, tools or
apparatus, do all the work required to complete the contract within the time mentioned in the General
Conditions and according to the requirements of the City of Clearwater, Florida, as herein and
hereinafter set forth, and furnish the required surety bonds for the tiollowing prices to wit:
SectionV.doc
�-�V '.., c f1,,.-.�-[ c, r�:.,,n LY �!'
Page 10 of 14
���#a 13
Attachment number 1 \nPage 1:
PROPOSAL
(2)
[f the foregoing Proposal shall be accepted by the City of Clearwater, Florida, and the undersigned shal I
fail to execute a satisfactory contract as stated in the Advertisement herein attached, illell illf: City 111dy,
at its option determine that the undersigned has abandoned the contract, and thereupon this Proposal
shall be null and void, and the certitied check or bond accompanying this Pro�osal, shall be forfieited to
become the property of the City of Clearwater, Florida, and the full amount of said check shall be
retained by the City, or ifthe Proposal .Bond be given, the full amount ofsuch bond shall be paid to the
City as stipu(ated or liquidated damages; otherwise, the bond or certified check accompanyin� this
Proposal, or the amount of said check, shall be retw-ned to the undersigned as specified herein.
Attached hereto is a bond or certified check on
Qank, fior the sum oF
iL.' U"'L�!-_ ��'.�.rz-S-%t`c^S "�G� 1,'�h ic� cx u�c�.�r�`� . _ ($
(being a minimum of 10% of Contractor's total bid amount).
The full names and residences afall persons and parties interested in the foregoing bid are as follows:
(lf corporation, give the names and addresses of the President and Secreta�y. If firm or partnership, the
names and addresses of the it�embe►-s or partners. `i�he Bidder shall list not only his name but also the
name of any person with whom bidder has any type of a�reement whereby such person's
improvements, enrichment, employment or possible benefit, whether sub-contractor, �t�aterialman,
agent, supplier. or employer is contingent upon the award of the contract to the bidder).
NAMES: ADDRESSES:
�xe .�. _ - „�.�Y r n5 _ 3511� � lF�it� �� . �o�Y.a�n. �l�i�ca , 'S:35��iL
�
Si�;nature of Bidder:,����� ;t�� /�����i�
(The bidder must indicate whethe►• Cor orationr Partnersh4p,�c?mpany or Individual).
SectionV.doc
�-
l� V� hc (�r-..,-�..�.� �=�, .�-G."'� a�
Page I I of 14
't��'�1�� 13
Attachment number 1 \nPage 1
YROPOSAL
(�)
"l�he person signing shall, in his own handwriting, sibn the P►-incipal's name, his own name and his title.
Whe►-e the person signinb for a corpol-ation is other than the President or Vice-President, he must, by
affidavit, show his authority, to bind the corpoiation.
' ' c� - ,T� G�U: �1�� ---
<35 jlp .(�.:� � �;-��� `Pr..�� �
City and State: ���SI�1 lp ic1Ct • _ _ Lip Code �,3S��� .
Dated at �%�-i (j--/,�� C,J/�' � , this �� day of G�G��(7 hC'_.l` _ , A.D., 20/L.
SectionV.doc Page 12 of 14 ���V'� 13
Attachment number 1 \nPage 1�
CITY OF CLEARWATER
ADDENDUM S�IEET
PROJECT: EWING & TUSKAWILLA STORM PINE REPLACEMENT (ll-0061-EN)
Acknowled��ment is hereby made of the fol lowing addenda received since issuance of Plans and
Specitications.
Skj
Addendum No. �.__ Date: _ �� �C}��
Addendum No. Date:
Addendum No. Date:
Addendum No. Date:
Addendum No. Date:
Addendum No. Date:
Addendum No. Date:
Addendum No. Date:
Addendum No. Date:
Addendum No. Date:
Addendum No. Date:
f� l�i b��. S L`c����_�+i ��.c� �� C �
a� ' f Bidder) 'J �
��
� � _ � G = `������
(Signature ofOfficer)
��2es G����-� o�: �o� iZ
(Title of Officer) '
f� —,.��'a�/Z.
(Date)
SectionV.doc Nage 13 of 14 �Yt�'�i# 13
Attachment number 1 \nPage 1
ri�ni>r�.�t�ti i�ji����>c>�;��_
PltO.IEC"I�: 1�����[\(; ct �i�C�tiK:1��1'Il.:l.,:1 ti'l�0l2��1 I'(i'la. Itf�:l�'L r��(.:I���IG�"�C ([I-(lU(il-E\}
c�c��v.rtt:�c..rc>>z: �c-��:��-!,� C`_�.;��iz�� �s�� ; �.�C � .
[31DC?F;1Z'� GIZA�'��l) "[�O'1'AI_. � ��j� �q�t.�J� _ �,�u�l�ll�,��-�)
l�ll)I)f:lZ�s c��t:���:� �rc��r�.ai_. ���v_�1t�e��------- �C-''�_tT�u�c�r��Q. ���r�c���c
, �
� � :v �E-t� -�. � x c��l��� c��,d �'t��,'R�y �. � ��5 , _ _ _ .. . . . .... .... . _ _._.._.
( ���Ufl�{S �
BID ITEM BID ITEM DESCRIPTION QTY UNIT UNIT PRICE AMOUNT I
_ _ . . . .. .... .
1 Mobilizatior� _ 1 LS ' S iQ�`�l�tt} � Q�i � 11�,�a4`i �C'�C� !
z Mainteilance af Tra�fic 1 LS S '�j� rl�-,f�9 5 �?j�c{�l �j � G'L� i
. __ _ _
3 �Sediment & Frosion Controi 1 LS S ' r� �� S D,Z. '
� It�a.L S, � � �
q � Project Sign 2 FA � S �� �' S f a''�S, C��
, __ �ci�1� • -- _
5 Root Pruning 3t? L� S �� �$(i: � r`,���}, C.'�C �
,_ i
� Tree Barricac9es �0 LF 5 y:�� $ ���. �� i
_ __: _ _ ;
; Remove Existing C�oi�crete Sidewaik, 4' 620 Sr= i S '�j: � S '� �`�j�, C� 'i
g Remave Existing Asphalt ' 2.67n SF S '� rd�' � ���rj, -��+ ;
_ __ _.— — _ _ _ . , . �
9 Grout Existir�g 36" CMP 35 CY 5 i�cj:�j' l, S .-
. _ : '�1 � `�1'� � `JC� �
� a Slip Line Existing 36" Pi}�e with 1�i" Pipe 90 LF 5 � i.�3�� S � 1��� ,�
_ . . __.. ,
11 Curb Inlet Type G '�- EA a '?� `�� ��5f? S�, `L1� Cj�l�Oc -�� �
1? Junction E3ox FDOT T� •e 8�J�H 3 cA � � �� `� '
- �� . 3 t�� �:� : � � 1 (�t-i.4 : � ,
- -
i 3 ��atE in�et �; c� ;� �,5`1 �,t� s ���L�. C� !
�
��, P�pe. Stori�i. 6" PVC 10; LF � �rJ p(� ���� �
_ _ _. _ _ _ _ _ 7 _. _.
- S
15 Pipe, Storn�. 15" _9 t..F � L.j.t{ �eQ S � a�j(�. C� ;
16 Pipe, Storri�, 18" 39 LF S L���1�R' S � (� �
_ .__. . _ . __. � ��J�° ;
17 Pipe, Storm, 36" 490 LF W� �c1 rC'�Q �`3�,c�1�C�. CSQ ;
18 'Concrete Sidewa[k, 4„ 6�i)� 5F � r � 5 �� � �G �
--- _ . .___ . '-f OQ: , $C�,�G �
__ _ . _ _
19 Concrete Driv�way, G° i,310 SF S �i''�'' � J���° �� �
�p Valleygutter C�tr� (�emove �na reE�lacel 4,r,��
. _ _ . . -
21 Asphalt 1-11>" _ __ __ l�u
22 I8" Thick Crusf�ed Concrete R�ad E3ase 16�
_ _ __ __ _ .
23 'Sod Replac�ment. In-K�nd � •�.500
24 Landscapz Hedges
. .. _ _ _
25 Tree. C�a�e Myrtfe
� Subtotaf (ITEMS 1-25)
_ _ _. __
2� 10°ro Contingency
GRAND TOTAL (ITEMS 1-26)
1 .
�
LF . �3�'�� 5 R��(?�'�C�C`% i
SY � �}�G��� S ����C�CQ �
sY � �.� �� � �3,3�� , �� !
sF � �5i� � 5�Q ��?'.
� ' �
`� ' �__ 1_ .��Q '�'. S l'$�Q ��'� ,
� c� ' � �-iQ Q � I
, �
F_A._. ,; 5 ciL4'� .
�i_ � 13 �, �33: �Q �I
j_.. . LS i ' S i�� DIL��c �! i
� IS�,'�ac�-`3� �
I��r� ## 1,3
��cilini;A�� ie��is��l hi�l�l�r, ������-, �.iL.1�,� E'a��� I.1 ��I� �� t �.��
Attachment number 1 \nPage 1�
,5�1(E�. I�l(��>ta:12'4 C�it�'�1) °�£t7°[` ��. .=�Im()4"t� I�+ I3i� `6"(�'i i�� C,�I1 ��r��i°`.13 �3:'ti ii1� �';'�i.i
T'i2IC'I:� F�J�I? �,i �11� �[�'�t Pl2�C ��:� .��'tii? '��ITT�; �':��t�r�l�i'i�T:t7 ���":��"�°t�t�il:�; E2[�:(:�[ illl:i�
�CIIt �x1C ii �F.0 i"[(i\. `["ITI� I�l1�L"It�` 1�, �`C}t� t:�i;C)}�1��.�-I IC)`� ()�tiI.,'�' .�.'I` "i�IT[�� "! (�I��: ()��
€')i'i��l:�fx }3CC3"�. `11i[; { i i'`� 0'�'11.�,'`�i,4�hi°:'CTiI:'�°,��t�t�l{.-�,"T"I()�' Ci1��i:�t ,[.ltf�; C."�1_IT I'T�.I(��:�s
,��Tl �et`l;P �L'1'� Pi�[C.`i:M i3[T1, tE� "I'IE��E�(�� [`� :'�'.ti i't2F�C�i2 �ti �'I�f�: '1,t11:1I. I�`�' T�}11,
c�tx}t�rt.��, ���� �;��.��ts�.: t�r�� c���.���E�:�� .���, ����.� �r��r�-: �.����� ��t����r:� ,a.�r�� �.���t�� �;� .��
�'i��C`[: ,tili;�,1.,t. t=()`�'�°:iZ'�;.
`."ztt'eFL�L7l�' �-,s.� i.,:,±:�CS , ���1,�� :"` alj� i.`
�� l E: ' .� (7 � 5 �"� `. ,- . _ _� �'� —C� _ /� •
����:�� � 3
BID ITF,MS
BASE BiD
1 Mobilization
2 MaivtenanceofTraf£c
3 Sediment & Lrosion Control
4 Project Sign
5 Root Pruning
6 I Tree Barricades
7 � Remove Existing Concrete Sidcwalk, 4"
8 Remove Existing Aspl�alt
9 Grout Existing 36" CMP
10 Slip Line Existing 36" Pipe with 18" Pipe
1] � Curb Inlet Type C
12 Junction Box FDOT Type 8 MH
]3 GrafeInlet
14 Pipe, Storm, 6" ['VC
15 Pipe, Storm, I S"
16 Pipe, Storm, 18"
17 IPipe, STorm, 36"
18 Concrctic Sidewalk, 4"
19 Concrete Driveway, 6"
20 Vallcyguttcr Curb (removc and replace)
27 IAsphalt 1-1/2"
22 8" Thick Crushed Concrete Road Base
23 Sod Replacement Im Kind
24 Landscapc Hedges
25 Tree, Crape Myrtle
Subtotal (1'CEMS 1
26 10°/ Contingency
_ �
CD
�
w
EWING/TUSKAWILLA STORM PIPE REPLACEMENT PROJECT l 1-0061-EN
THURSDAY, OCTOBER 4, 2012 AWARD - THURSDAY, NOVEMBER 1, 2012
�CASTCO CONSTRUCTION,
ADKINS CONTRACTING, INC. AJAX PAVING iNC. G A NICHOLS KAMMINGA & ROODVOETS KI,OOTF. CONTRACTING STF.VE'S EXCAVATING
P. O. Box ]89 510 Gene Green Rd. 900] ]26th Ave. 5775 126th Ave. N 5219 Cone Road P O Box 339 P O Box 303
Ruskin, FI Nokomis, FI Largo, FI Clearwater, FI Tampa, FI Palm Harbor, FI Dunedin, FI
�. . . .. . . . . . . . . . . .. .. _.
QTY UNiT UNIT PRiCF. ,4MOUNT UNIT PRICF, AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT
1
1
1
2
30
30
620
2,670 �
35
90
3
3
1
10
29
39
490
620
],310
400I
160
160
1
LS $ ]Q244.00 $ 10,244.00 $ 26,000.00 $
LS $ 3,975.00 $ 3,975.00 $ 18,500.00 $
LS $ 5,102.00 $ 5,102.00 $ 3,500.00 �
1:A $ 617.50 $ 1,235.00 $ 900.00 $
LF I$ 10.80 $ 324.00 $ 50.00 $
LF I$ 430 I$ 129.00 $ 50.00 $
SF I$ 3.50 $ 2,170.00 $ I.50 $
SF I$ 325 I$ 8,677.50 $ ].00 $
CY $ 135.50 I$ 4,942.50 $ 192.00 $
LF � 9135 I$ 8,22L50 $ 200.00 $
LA I$ 3,525.50 $ 10,576.50 �$ 5,000.00 $
EA $ 3,683.00 $ 11,049.00 $ 4,125.00 $
EA $ 2,578.00 $ 2,578.00 $ 3,200.00 $
LF $ 25.00 I$ 250.00 $ 80.00 $
LF $ 44.00 I$ 1,276.00 $ 74.00 $
LF I$ 42.00 I$ 1,638.00 $ 55.00 $
LF � $ 67.00 �� $ 32,830.00 $ 131.00 $
SF $ 4.00 $ 2,480.00 $ 7.40 $
SF $ 4.50 $ S,A95.00 $ 6.00 $
LF I$ 23.00 $ 9,200.00 $ 32.00 $
SY I$ 46.50 I$ 7,440.00 $ SA.00 $
SY $ 21.00 $ 3,360.00 $ 84.00 $
SF $ 0.56 $ 2,520.00 $ 030 $
LS $ 1,880.00 $ 1,880.00 $ 2,450.00 $
26,000.00 $
18,500.00 $
3,500.00 $
1,800.00 $
1,500.00 $
1,500.00 $
930.00 $
2,670.00 $
6,020.00 $
18,000.00 $
15,000.00 $
12,375.00 $
3,200.00 $
800.00 $
2,146.00 $
2,145.00 $
64,190.00 $
4,588.00 $
9,860.00 $
12,800.00 $
9,2R0.00 $
13,440.00 $
1,350.00 $
2,450.00 �
14,15850 �
5,979.72 $
3,673.41 $
717.57 $
30.61 $
18.64 $
2.96 I $
1.84 I $
207.00 $
87.95 $
5,108.88 $
3,76(,.27 $
2,660.27 � $
)I.R4 I $
81.A9 $
6Z62 $
121.88 $
3.89 $
7.63 $
3731 $
1736 $
33.12 $
1.06 $
1,836.70 $
]4,]SA.50 $
5,979.72 $
3,673.41 $
1,43514 $
91830 $
55220 $
1,835.20 $
4,912.A0 $
7,245.00 $
7,915.50 $
15,326.64 $
11,298.81 $
2,660.27 $
918.40 $
2,374.81 $
2,63718 $
59,721.20 $
2,411.80 $
9,99530 $
14,924.00 $
2,777.60 $
5,29920 $
4,770.00 $
1,836.70 $
405.00 $ 405.00 $ 34,500.00 $
3,375.00 I $ 3,375.00 $ 9,300.00 $
1,215.00 $ ],215.00 $ 2,100.00 $
506.25 $ L,012.50 $ 600.00 $
22.50 � $ 675.00 $ 5.00 $
225 $ 67.50 $ 5.00 $
2.01 $ 1,246.20 $ 1.00 $
334 $ 8,9U.A0 $ 030 $
178.39 $ 6,243.65 $ 170.00 $
34.06 $ 3,065.40 $ 224.00 $
2,23830 $ 6,714.90 $ 4,500.00 $
4,679.72 $ L4,039.16 $ L,800.00 $
2,241.92� $ 2,241.92 $ 1,300.00 $
212.63 � $ 2,12630 $ 18.00 $
96.60 $ 2,801.40 $ 51.00 $
96.96 $ 3,781.44 $ 52.00 $
85.53 $ 41,909.70 $ 109.00 �
11.09 $ 6,875.80 $ 6.70 $
10.80 I $ 14,148.00 $ 4.40 $
18.90 I $ 7,�60.00 $ 15.00 $
31.82 I $ 5,09120 $ 34.00 $
47.02 $ 7,52320 $ 36.00 $
0.54 $ 2,430.00 � ].00 �
1,080.00 $ 1,080.00 $ 3,400.00 $
34,500.00 $ ]5,000.00 $
9,300.00 $ 1,493.00 $
2,100.00 $ SOOAO $
1,200.00 $ 250.00 $
150.00 $ 26.00 $
I50.00 I $ 6.00 $
620.00 I $ 3.00 $
AO1.00 I $ ].00 $
5,950.00 I $ 153.00 $
2Q160.00 � 66.00 �
13,500.00 I $
5,400.00 $
1,300.00 $
ixo.00 $
7,479.00 $
2,028.00 $
53,410.00 $
4,154.00 $
5,764.00 � $
6,000.00 $
5,440.00 $
5,760.00 $
4,500.00 $
3,400.00 $
8,097.00 I $
5,74L00 $
1,774.00 $
74.00 $
1 I A.00 $
205.00 $
224.00 I $
3.00 $
4.00 $
I5.00 $
23.00 $
34.00 $
1.00 $
1,900.00 $
15,000.00 $ 19,000.00 $ 79,000.00
1,493.00 $ 4,100.00 $ 4,100.00
500.00 $ 4,500.00 $ 4,500.00
500.00 $ 775.00 $ 1,550.00
780.00 $ 23.00 $ 690.00
1A0.00 $ 16.00 $ 4A0.00
1,860.00 $ 1.65 $ 1,023.00
2,670.00 $ 325 $ 8,677.50
5,355.00 $ 175.00 $ 6,125.00
5,940.00 $ 128.50 $ 11,565.00
24,291.00 $ 4,265.00 $ 12,795.00
17,223.00 $ 3,295.00 $ 9,885.00
1,774.00 $ 1,685.00 $ 1,685.00
740.00 $ 20.00 $ 200.00
3,422.00 $ 54.00 $ 7,566.00
7,995.00 $ 56.00 $ 2,184.00
109,760.00 $ 95.00 $ 46,550.00
1,860.00 $ 3.25 $ 2,015.00
5,240.00 $ 4.A0 $ 6,28A.00
(,,000.00 $ 22.00 $ 8,800.00
3,680.00 $ 12.95 $ 2,072.00
5,440.00 $ 13.90 $ 2,224.00
4,500.00 $ ] 30 $ 5,850.00
1,900.00 $ 1,580.00 $ 1,580.00
3 EA $ 280.00 $ 840.00 $ 330.00 $ 990.00 $ 837.16 $ 2,511.4A $ 1,012.50 �$ 3,037.50 $ 800.00 $ 2,400.00 $ 789.00 $ 2,367.00 $ 450.00 $ 7,350.00
$ 138,633.00 $ 233,034.00 $ 188,096.16 � $ 147,583.57 $ 189,646.00 � $ 23Q470.00 $ 162,75450
_ I _ _.
1 LS � � $ 13,A6330 � $ 23,303.40 � $ lA,A0252 � �� $ 14,75A36 � $ 1A,964.60 � � $ 23,047.00 $ 16,275.45
D
$ 152,496.30 $ 25(i,337.40 $ 206,905.78 $ 162,341.93 $ 20A,610.60 v $ 253,517.00 $ 179,02995
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Attachment number 3 \nPage 1
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PfePafe°bY PROJECT 11-0061-EN +
Engineering Department I l m# 1
Geographic Technalogy Division
100 S. MyrUe Ave, Clearwater, FL 33756
Ph: (727�562•4750, Fax: (727�526-4755 Map Gen By: CD Reviewed By: MM Date: 10/05/2012 Grid #: 306A S-T-R: 22-29S-15E Scale: N.T.S.
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Work Session
Council Chambers — City Hall
SUBJECT / RECOMMENDATION:
Meeting Date:10/29/2012
Award a contract renewal (blanket purchase order) to Pinellas County Solid Waste in the amount of $250,000 for the disposal of solid
waste at the Pinellas County waste to energy plant/landfill for the period November 1, 2012 through October 31, 2013, as provided in
the City's Code of Ordinances, Section 2.564 (1) (d), Services provided by Other Governmental Entities, and authorize the appropriate
officials to execute the saine. (consent)
SUMMARY:
Pinellas County operates the only waste to energy plant/landfill in the county. The NPDES permit that Public
Utilities/Stormwater operates under requires the disposal of all debris generated from the street sweepers, vaccon
operations and ditch/catch basin cleaning, to a landfill disposal site. Pinellas County's has kept their rate at $37.50 per
ton for over 14 years.
Sufficient budget is available in the Stormwater Utility Fund operating cost center 0419-02090-5435005-39-000-0000
to fund the current year cost of this contract.
Type:
Operating Expenditure
Current Year Budget?: Yes
Budget Adjustment Comments:
Current Year Cost:
Not to Exceed:
For Fiscal Year:
Appropriation Code
$250,000.00
2012 to 2013
Amount
Budget Adjustment:
Annual Operating Cost:
Total Cost:
Appropriation Comment
None
$250,000.00
$250,000.00
0419-02090-543500-539— $250,000.00 FY 12/13
000-0000
Review 1) Financial Services 2) Of�ce of Management and Budget 3) Legal 4) Clerk 5) Assistant City Manager 6) City
Approval: Manager 7) Clerk
Cover Memo
Item # 14
SUBJECT / RECOMMENDATION:
Work Session
Council Chambers — City Hall
Meeting Date:10/29/2012
Approve an agreement with Pennington, Moore, Wilkinson, Bell and Dunbar, P.A. to provide lobbying services at the state level from October 1,
2012 through September 30, 2017 at a cost of $4,000 per month, plus expenses estimated not to exceed $4,800 per year, and autharize the
appropriate officials to execute same. (consent)
SUMMARY
Lobbying services assist the City in pursuing funding and favorable legislation at the state level. Request for
Proposal 40-12 (RFP) was released to select a provder of these services.
Responses were received from Pennington Law Firm, Pittman Law Group, P.L., and Three Bridges Advisors, Inc.
The evaluation committee, consisting of the City Clerk, Clearwater Police Department Grants Coordinator, and the
City Attorney, reviewed written proposals on September 24, 2012. Selection criteria were: Overall Quality of work
plan, Experience, Qualifications of Team, Reference Reports, and Cost of Services.
The committee determined Pennington Law Firm to be the most responsive to criteria established in the RFP.
Pennington Law Firm has been the City's state lobbyist since 1996 and the City has been satisfied with their
services. Pennington proposes the same rate as the previous five-year contract.
Annual costs for this contract will be included in the Official Records and Legislative Services Operating budget
under appropriation code 010-09700-530100-513-OO�he agreement may be cancelled at any time with 30 days
advance notice.
Type:
Operating Expenditure
Current Year Budget?: None
Budget Adjustment Comments:
Current Year Cost:
Not to Exceed
For Fiscal Year:
Appropriation Code
010-09700-530100-513-000
Bid Required?
Other Bid / Contract:
2012 to 2017
Yes
Amount
Budget Adjustment:
Annual Operating Cost:
Total Cost:
Appropriation Comment
not to exceed $264,000
Bid Number:
Bid Exceptions:
None
$52,800
$264,000
RFP 40—
12
None
Cover Memo
Review Approval: l) Financial Services 2) Office of Management and Budget 3) Legal 4) Clerk 5) Assistant City Manager 6) City M n er 7) Clerk
Item � ��
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5�p#ember � 9, ��712
City Purchasing IV�anager
Cit�r vf Clearwater
1 C}� South �1lyrtfe Avenue
�learwa�er, �1c�rida 33756
R�: 5��te Labbying Serv�ces
1�F�' 4€}-12
�}e�r �uaC�a�it�n � �leg�ti�tian Comrrfii#te�:
�ecer rv�. �unb��-
�,�Q��y �� z.�w
(85D) 222-�533
pete rr per�ni��tanlaw.carn
Please �c�ept the ,�t�a�hed respons� to t�� �bave ref�re�ced r���rest for
propc�sal. i am authvrized an ��h�lf �f t�r� propr�serfres�onder�t P�r�ningtor�, Moore,
Wilkinsan, Be�l &�unbar, P.A. ta submit this resp.��se ar�� ta b��d resp�rrder�t.
Pennin�t�r�, Mot�re, Wi�kinson, Be�l & C��r�bar, P.P�. is ane af the �ea�iin� I�w fir�ns
in Floruda i� the areas a# strat�gic {�lar��ting, 3c�bbying, �nd gc�uernmentaf re6a#ia�s,
Kn�wn c�llaq�ialiy arour�d the cap�tol as "The Pen+��ngton �irr�" we have a di�verse
c�ient bas� wfi�ie� ir�cludes Fc�rtune 5(i campanies, stat�wid� n+arr-prof�t a�ganizatians
and associativr�s, as wel� �s a va�r�e#y �f c��vernme�tal and rnunicipa! entities. '�h�
Pe�r�ingtan �irm prc�vides cli�:r�ts with le�al �xpe�tise and �xperiencE ir� th� ar�as uf
liti�atian; legislative ar�d �ovec�mer�tak a�€air�; ear,�orate, iand us�, env�rc�nm��t�l, lo��l
gavernm�ent„ adrr�ir�istra#ive, public utili�ies, heafth ��re, reai �roperty, a�d tax law;
estate pl�nning and prc�bate.
The P�nnington �irm is a��orid� corpar�tion �rigi�aliy fvund�ed in �9�2 with
approx�ma��ly 37 �rofessivn�ls, �ncluding �t} mem�ers of �ts Gaver�m€ntad ana�
Leg��lativ� Af#airs pr�ct�c� grc�up, ar�d approxir�at�ly 4fl suppc�rt staff. `�he Per�r�Rngtan
Firm hc�lds alf rec�uisi#� 6icens�s and credentiafs to er�gage i� lobbyir�g activiti�s and in
the prac�ice of law, ar�d ke��s current in its r�gis#ratic�n fflr lob#�ying requirem�nis, as
w�ll as any rep��kir�g requieements fc�r gifts and expend�tures. ��urther, �€�� P�r��ingt�n
�'6rrn anc� its members are g��rerr�ed b�r the R���s of Ethics af the Flarida �ar, �ncl�ding
t�ase ��l�ting �a co�fit�en�oaiity, identifying cQnfl'scts, ar�d notifying ciier�#s �f cvnflicts.
�he firm �as an "AV"' ratir�g in the rra#ianal �a�tind�fe-�fub�ell Legal D�rectory — the
high�st ratAn� passible b�sec� on a frrm°s prvfes�ivnal quaf�ficat�or�s artd �thi�s.
2!5 Sc�uzh Monrc�e St., 2nd Floor {32301) � F'.[). Box i{HD95 Taltahass�e, f"L 32302-2045
Tr1[.1.r+.1fASS�E - - -- TA'�i�'A
ff�SU) 222-353� e {gS�} 2�2,.2t2�i fax
C�Y:yid44°�'TER
��ty ��rchasir�g Mar�ager
S�pt�mber 1 �, 2(312
P�g� Twfl
We haue a de�th af �eg�sia#ive and regui�tory �x�erienc� that o��y a�irm roat�d
�n Tallah�ssee f�r the past fca�r d��ades can �ffer its clier���. Qu� attarneys ar€d spe�ci�f
cor�sul�ants � many of wF�vm served as stat� leg�s�at�rs, corporafe gen�ral co�nsel,
exec�t�v� brar�ch a�d s�nior legisla#�v� staf�ers, a�� gaWerrzment �eneraf cc�unse[ —
��ve a{�r�r�en tracic re�vrd �f eff�cti�ely in�l�aencing �vvernmen� po�i�y thrc�ue�h stra#egic
�QV�ECElCI'lf?i�t�I €'E�f�S��1t�tlD�l.
�y afFer�ng this �u�missian tr� the RFP, we �r� certifying tha� ►+ve hav� n�t
d�uu[ge� t�, discussed or campar�d a�r car�np�titiv� praposal vusth other prc�pa�ers an�
have n�t cal�uded uv�th ��y �ther proposers �f parties t� this cc�rr�pe#itive �ropasai
w�atsa�ver.
ihank yoe� �ar ih� a�por#�ni�y #v su�mit o�r pr�posa�l ta repr�s�n# �he +City �f
Clea�-�rr�ter �n 5tat� �ob�ying Services. We I�ak forwa�d to �he c��portunity ta help t�e
Ci�y ac�arn��i�� i�s l+�gislati�re goa(s.
Phll�]l�mz
Enclosures
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Re�pec#�ul1y,
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Peter ���bar
Partner
Presented to:
���� �� ����������
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.penninqtonlaw.com
September 20, 2012
Attachment number 2 \nPage 1
Item # 15
Attachment number 2 \nPage 2
PENNINGTON LAW FIRM
Attorneys at Law
T��I� �f C�n$�nt�
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
localgovernment ..................................................................................... 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
Item # 15
Attachment number 2 \nPage 3
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
Item # 15
Attachment number 2 \nPage 4
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 inembers,
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
Item # 15
Attachment number 2 \nPage 5
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
Item # 15
Attachment number 2 \nPage 6
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 /ssues
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
Item # 15
Attachment number 2 \nPage 7
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
Item # 15
Attachment number 2 \nPage 8
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
Item # 15
Attachment number 2 \nPage 9
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).
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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:
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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.
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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.
• Coastallssues
Played an integral role in the creation of Tampa Bay Water Transfer Act and negotiation
of the partnership agreement with the SWFWMD.
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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.
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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.
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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
12425 28th St. N Suite 102
St Petersburg, FL 337165
(727) 556-6500
E-mail: latvala.lack.web(a�flsenate.qov
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Senator Mike Fasano
8217 Massachusetts Ave.
New Port Richey, FL 34653-3111
(727) 848-5885
Email: fasano.mike.webCa�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(a�flsenate.gov
Senator Joe Negron
3500 S.W. Corporate Parkway, Suite 204
Palm City, FL 34990
(772) 219-1665
E-mail: Negron.joe.web flsenate.gov
Senator John Thrasher
9485 Regency Square Blvd, Suite 108
Jacksonville, FL 32225-8145
(904) 727-3600
E-mail: thrasher.john.web(a�flsenate.gov
Senator Andy Gardiner
Majority Leader
1013 E. Michigan Street
Orlando, FL 32806
(407) 428-5800
E-mail: gardiner.andy.web flsenate.gov
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Attorneys at Law
Senator pon 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 c(��.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(a�myfloridahouse.gov
Representative Richard Corcoran
7132 Little Road
New Port Richey, FL 34654
(727) 816-1580
E-mail: richard.corcoran(c�myfloridahouse.gov
Representative Denise Grimsley
House Appropriations Committee Chair
205 S. Commerce Ave. Suite B
Sebring, FL 33870
(863) 385-5251
E-mail: denise.grimsley�a myfloridahouse.gov
Representative Ed Hooper
Suite 206, 2963 Gulf to Bay Boulevard
Clearwater, FL 33759-4259
Phone: (727) 724-3000
Email: ed.hooper myfloridahouse.gov
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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
21 st 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
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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.scottna eoq.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.autnamCa�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(cr�.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: kenneth.detzner(a�dos.myflorida.com
Ananth Prasad, Secretary
Florida Department of Transportation
605 Suwannee Street
Tallahassee FL 32399-0450
(850) 414-5205
E-mail: ananth.prasad(a�dot.state.fl.us
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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
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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(a�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(�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�a 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(a�leg.state.fl.us
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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: halley.katherine(a�flsenate.qov
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(a�dbpr.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
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PENNINGTON LAW FIRM
Attorneys at Law
that, based on the Firm's longevity and prestige in the
that one or more members of Pennington will have
agencies of state government.
Attachment number 2 \nPage 2
Tallahassee legal community,
contacts in and access to all
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
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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.
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Attorneys at Law
B. History and Background
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: GSeeberCa�tampabaywater.org
Florida Governmenfal Ufilities 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
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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
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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 Se/f 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.
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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 Counfy
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
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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.
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Key Contact:
Mr. Carl Harness, Assistant County Administrator
County Administrators Office
315 Court Street
Clearwater, Florida 33756
(727) 464-3485
E-mail: charness(a�co.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 co.volusia.fl.us
City of Clearwater RFP 40-12 www.penningtonlaw.com 30
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Cify 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, CMC
City Clerk
City of Clearwater
P.O. Box 4748
Clearwater, FL 33758-4748
(727) 682-1091
E-mail: rosemarie.call(a�myclearwater.com
City of Clearwater RFP 40-12 www.penningtonlaw.com 31
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Attorneys at Law
Cifrus Counfy
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, FI. 34450
20399-27301
(352) 341-6560
Email: brad.thorpe(a�bocc.citrus.fl.us
Cify 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.
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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: mannarino(a�ormondbeach.org
Palm Coasf
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: bfal out 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
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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�a southdaytona.orq
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
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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: poupartj�a hillsclerk.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(a�pascoclerk.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
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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
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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
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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
Item # 15
Attachment number 2 \nPage 3
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
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
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
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Attachment number 2 \nPage 4�
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
experience representing clients before the Florida
,t' ��\ Legislature, the Governor, the Cabinet, and state agencies,
� � i�� ?' having served as Legal and Governmental Counsel for
��-� : agriculture trade groups, industrial associations, medical
;,� doctors and local governments. Martha has represented
�� �_ e� ' -�� public sector and private sector clients before the Florida
������*� ,�� �� Legislature since 1986 and before Executive Agencies,
�;� ������ ��� ' including the Florida Governor and Cabinet since 1984. She
�� ��� ��;��i�' joined the Pennin ton Firm in 1996 and has received an AV
I"� ' ����°', ...�� 9
�'�� ����°� ��: 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
representing Volusia and Flagler Counties and was Majority
� Y ,'' Leader, Rules Chairman, Commerce Committee Chairman
'�`ti and Appropriations Chairman. He was the Managing Partner
-� � I 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
�' Commission in Volusia County. Sam served as Chairman of
,�„r� F 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
Item # 15
PENNINGTON LAW FIRM
Attorneys at Law
�
�'
�I �
�.
.� �� ��
r�.» �
� `� � , �
��
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-, �; � _ • . ,-�
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City of Clearwater RFP 40-12
Attachment number 2 \nPage 4
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.
www.penningtonlaw.com 41
Item # 15
PENNINGTON LAW FIRM
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�,y c,� �i.�
Y '
`:. �,
City of Clearwater RFP 40-12
Attachment number 2 \nPage 4
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.
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.
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Attachment number 3 \nPage 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.
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
Alcoholic Beverages and Tobacco.
City of Clearwater RFP 40-12 www.penningtonlaw.com 43
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Attachment number 3 \nPage 2
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)
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Item # 15
PENNINGTON LAW FIRM
Attorneys at Law
6. List of Clients for 2011/12
Names of Clients
American Council of Independent Laboratories
AMEX Assurance Company
Anesthesiologist Professional Assurance Co.
Albriton Insurance Services, LLC
American Association of Insurance Services
American Express
American Express Travel Related Service Company Inc.
Anesthesiologist Professional Assurance Co.
Auto Club Insurance Company of Florida
Avis Budget Group
Bally Technologies, Inc.
Bankers Life Insurance Company
Behavior Analyst Certification Board
B.J. Alan Companies
Central United Life Insurance Company
Cincinnati Insurance Companies, The
Citrus County Board of County Commissioners
City of Clearwater
City of Ormond Beach
City of Palm Coast
City of South Daytona
CLVL Solutions, Inc.
Coastal Conservation Association Florida
Coca-Cola Refreshments USA, Inc.
Conference of Circuit Judges of Florida
Daiichi Sankyo, Inc.
Deanne's Office & Computer Supply, Inc. d/b/a DOCS
Doctors Company, The
Endurance American Insurance Company
Endurance Reinsurance Corporation of America
FCCI Insurance Group
First Floridian Auto & Home Insurance Company
First Professionals Insurance Company
Florida Association of Realtors
Florida Brewers Guild
Florida Chamber of Commerce
Florida Chapter of AAP/Florida Pediatric Society
Florida Children=s Services Council, Inc.
Florida Citrus, Business & Industries Fund
Florida Feed Association
Florida Governmental Utility Authority
Florida Justice Reform Institute
Florida Optometry Eye Health Fund, Inc.
City of Clearwater RFP 40-12
www.p enningtonlaw. com
Attachment number 3 \nPage 3
Name of Aqencies
Legislative & Executive
Executive Branch
Legislative & Executive
Executive Branch
Executive Branch
Executive Branch
Legislative Branch
Legislative & Executive
Executive Branch
Legislative & Executive
Legislative & Executive
Executive Branch
Legislative & Executive
Legislative & Executive
Executive Branch
Executive Branch
Legislative & Executive
Legislative & Executive
Legislative & Executive
Legislative & Executive
Legislative & Executive
Legislative & Executive
Legislative & Executive
Legislative & Executive
Legislative & Executive
Legislative & Executive
Legislative Branch
Executive Branch
Executive Branch
Executive Branch
Legislative & Executive
Executive Branch
Legislative & Executive
Legislative & Executive
Legislative
Legislative & Executive
Legislative & Executive
Legislative & Executive
Executive Branch
Legislative Branch
Legislative Branch
Legislative & Executive
Legislative
45
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PENNINGTON LAW FIRM
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Names of Clients
Florida Outdoor Advertising Association
Florida Pinball & Amusement Association, Inc.
Florida Physical Therapy Association
Florida Portable Building Manufacturers Association
Florida Recreational Vehicle Trade Association
Florida Sheriff's Self Insurance Fund
Florida Sheriff's Workers Compensation Self Insurance Fund
Florida Sheriff's Auto Risk Program
Funeral Services, Inc.
Gulfstream Park Racing Association, Inc.
Hanover Insurance Company, The
Healthcare Resource Development, Inc.
Home State Insurance Group, Inc.
Hudson Insurance Company
Hudson Insurance Group
Insurance Services Offices, Inc.
John Alden Life Insurance Company
Lost Tree Village Property Owners= Association
MAG Mutual Insurance Company
McDonald's Corporation
Marriott International, Inc.
Marriott Vacations Worldwide Corporation
Medico Insurance Company
MEDJETAssistance LLC
Mutual of Omaha
National Association of Industrial & Office Properties
New York Life Insurance Company
Ocean Conservancy
Old Republic National Title Insurance Company
Parkway Maintenance & Management Company
Pinellas County Board of County Commissioners
Polaris Industries, Inc.
Preferred Governmental Insurance Trust
ProAssurance Corporation
Professional Security Insurance Company
Progressive Insurance Company
QBE Insurance Company
Real Property, Probate & Trust Law Section
Safety Net Hospital Alliance of Florida
Shands Teaching Hospitals & Clinics, Inc dba Shands HealthCare
Shuffle Master, Inc.
State Farm Florida Insurance Company
State Farm Mutual Automobile Insurance Companies
Stewart-Marchman-Act Behavioral Healthcare
Stronach Group, The
City of Clearwater RFP 40-12
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Attachment number 3 \nPage 4
Name of Aqencies
Legislative & Executive
Legislative
Legislative & Executive
Legislative & Executive
Legislative & Executive
Legislative & Executive
Legislative & Executive
Legislative & Executive
Legislative & Executive
Legislative & Executive
Executive Branch
Legislative
Executive Branch
Executive Branch
Executive Branch
Legislative & Executive
Executive Branch
Legislative Branch
Legislative & Executive
Legislative & Executive
Legislative & Executive
Legislative
Executive Branch
Executive Branch
Executive Branch
Legislative & Executive
Legislative & Executive
Executive Branch
Legislative & Executive
Legislative & Executive
Legislative & Executive
Legislative & Executive
Legislative & Executive
Legislative & Executive
Legislative & Executive
Legislative & Executive
Legislative & Executive
Legislative & Executive
Legislative & Executive
Legislative Branch
Legislative & Executive
Legislative & Executive
Legislative & Executive
Legislative & Executive
Legislative & Executive
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Names of Clients
Tallahassee Memorial Healthcare
Tampa Bay Water
Teaching Hospital Council of Florida, Inc.
Time Insurance Company
Universal of North America Insurance Company
Universal Property and Casualty Insurance Company
Volusia County
Westcor Land Title Insurance Company
Xactware Solutions, Inc.
Updated (September 2012)
City of Clearwater RFP 40-12
(Remainder of page left blank intentionally)
www.p cnningtonlaw. com
Attachment number 3 \nPage 5
Name of Aqencies
Legislative Branch
Legislative & Executive
Legislative & Executive
Executive Branch
Executive Branch
Legislative & Executive
Legislative & Executive
Legislative & Executive
Legislative & Executive
47
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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
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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)
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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, e-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.
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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 inembers 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
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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
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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
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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
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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
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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
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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.
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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.
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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 z�Attorneys' Fees and Costs@ for the Florida Bar Journal published in
March 1997. Ms. Edenfield is a past president and current member of Tallahassee
Women Lawyers, a member of the Florida Association for Women Lawyers and the
Tallahassee Bar Association. In the community, Ms. Edenfield is the past chair of Keep
Tallahassee-Leon County Beautiful and is a member of Leadership Tallahassee. Ms.
Edenfield is also a sustaining member of the Junior League of Tallahassee. 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
Item # 15
Attachment number 3 \nPage 1
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
Item # 15
Attachment number 3 \nPage 1
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
Item # 15
Attachment number 3 \nPage 2�
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
Item # 15
Attachment number 3 \nPage 2
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 ineans 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
Item # 15
Attachment number 3 \nPage 2
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
Item # 15
Attachment number 3 \nPage 2
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
Item # 15
Attachment number 3 \nPage 2�
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
Item # 15
Attachment number 4 \nPage 1
EXHIBIT "C"
CONTRACT ADDENDUM
By mutual consent of the parties hereto and consistent with the enactment of revisions to
Sections 11.045 and 112.3215 and related provisions of the Florida Statutes during the
2005-B Special Session of the Legislature, the contract with Pennington, Moore,
Wilkinson, Bell & Dunbar, P.A. ("Pennington") is revised to identify the services and the
compensation for said services in the following categories:
1. Lobbvinq before the Leqislature: The client and Pennington agree that
the portion of time and services under the Agreement that is to be devoted to influencing
or attempting to influence legislative action or non-action through oral or written
communication or attempting to obtain the goodwill of inembers of the Legislature and
employees of the Legislature shall be equal to fifty percent (50%) of the total time and
services to be provided under this Agreement. The annual compensation to be paid for
these services shall be $24,000.00.
2. Lobbvinq before the Executive Branch: The client and Pennington agree
that the portion of time and services under the Agreement that is to be devoted to
influencing or attempting to influence an agency with respect to a decision of the agency
in the area of policy through oral or written communication or attempting to obtain the
goodwill of an agency official or employee shall be equal to twenty five percent (25%) of
the total time and services to be provided under this Agreement. The annual
compensation to be paid for these services shall be $12,000.00.
3. Other Non-Lobbvinq Services: The client and Pennington agree that
the portion of time and services under the Agreement to be devoted to non-lobbying
services for the client, its members and employees, including, but not limited to,
educational written and oral offerings and briefings, legal research, election demographic
analysis, attendance at meetings of the client and related travel, intergovernmental
communications with local governments and local government associations and the
preparation of written opinions and reports for the client, shall be equal to twenty five
percent (25%) of the total time and services to be provided under this Agreement. The
annual compensation to be paid for these services shall be $12,000.00.
Except as modified hereby, the terms and conditions of the contract with Pennington,
Moore, Wilkinson, Bell and Dunbar, P.A., are ratified and confirmed to be effective this
F�tG day of October, 2012.
PENNINGTON, MOORE, WILKINSON,
BELL & DUNBAR, P.A.
,
By; .�
r (�..� . ����
Peter M. Dunbar
CITY OF CLEARWATER
:
Rosemarie Call, City Clerk
Item # 15
Attachment number 5 \nPage 1
STATE LOBBYING SERVICES AGREEMENT
THIS AGREEMENT is made on the day of October, 2012 by and
between the CITY OF CLEARWATER, FLORIDA, P.O. Box 4748, Clearwater, Florida
33758, (the "City") and the Law Firm of PENNINGTON, MOORE, WILKINSON, BELL &
DUNBAR, P.A., P. 0. Box 10095, Tallahassee, Florida 32302 ("Consultant").
W ITNESSETH:
WHEREAS, City issued a Request for Qualifications from Consultant to provide
State Lobbying Services, attached as Exhibit A; and
WHEREAS, Consultant agrees to provide State Lobbying Services to the City as
described in Consultant's Qualifications Submittal proposal, attached as Exhibit B;
NOW, THEREFORE, in consideration of the promises and mutual covenants
herein contained, the parties hereto do hereby agree as follows:
SECTION 1. AUTHORIZATION TO PROCEED AS CONSULTANT. Consultant is
hereby authorized under the terms and conditions of this Agreement to provide State
Lobbying Services to City as described in Exhibits A and B. The estimated allocation of
time 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 legislative process by working with City staff to advocate the City's
position regarding issues before the state legislature and various state agencies.
Consultant agrees to organize a lobbying team led by Peter Dunbar and Martha
Edenfield which shall include all the resources of the individual lobbyists of the
consultant's firm to assist and represent the City on issues which shall include, but are
not limited to the following:
A. Strategic governmental relations program development and planning;
B. Lobbying and advocacy before administrative agencies;
C. Proactive issue identification and management;
D. Timely assessment of information which may affect the City;
E. Legislative monitoring and lobbying;
F. Regulatory agency representation;
G. Assessment of budgetary and regulatory issues;
H. Regular updates on City-related issues;
Item # 15
Attachment number 5 \nPage 2
Administrative Branch representation; and
J. Issue Analysis
SECTION 3. LOBBYING TEAM. It is understood and agreed between the City
and Consultant that the lobbying team shall consist of two members and that
responsibility for organization and leadership of the lobbying team will fall upon Peter
Dunbar and Martha Edenfield but the consultant team will include all of the resources of
the Consultant's individual lobbyists. The City reserves the right in its absolute
discretion to cancel this Agreement if either Peter 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.
SECTION 5, PROFESSIONAL FEES FOR SERVICES. The City and Consultant
agree to an annual flat fee for state lobbying services of Forty Eight Thousand Dollars
($48,000). Consultant shall bill City Four Thousand Dollars ($4,000) per month. Special
projects before executive agencies that are not included in the Scope of Services will be
agreed to in advance and billed separately at an hourly rate not to exceed $250.00 per
hour as approved by the City Manager. Expenses shall not exceed 10% of the contract
amount per year.
SECTION 6. COMPENSABLE EXPENSES. Reimbursement of expenses shall
be made by the City to the Firm for reasonable out-of-pocket expenses as determined
by the City Manager without markup, for long distance calls and facsimiles, copying or
reproducing documents, postage, court costs, parking costs and travel incurred by
Consultant in perFormance of the duties hereunder. Travel and per diem costs as well
as automobile travel expenses shall not exceed that which is available to City of
Clearwater employees. Expenses shall not exceed $4,800.00 per year.
SECTION 7. INDEMNIFICATION AND INSURANCE. Consultant agrees to
protect, defend, indemnify and hold the City and its officers, employees and agents free
and harmless from and against any and all losses, penalties, damages, settlements,
costs, charges, professional fees or other expenses or liabilities of every kind and
character arising out of or due to any negligent act or omission of Consultant or its
employees in connection with or arising directly or indirectly out of this Agreement
and/or the perFormance hereof. Without limiting its liability under this Agreement,
Consultant shall procure and maintain during the life of this Agreement professional
liability insurance in a minimum amount of one million dollars ($1,000,000.00). This
provision shall survive the termination of this Agreement.
Item # 15
2
Attachment number 5 \nPage 3
SECTION 8. CONFLICT OF INTEREST. It is understood by the City and
Consultant that Consultant is not aware of any clients of the Firm that currently present
any direct conflict between the interests of the City and other clients of Consultant. If
any potential conflict of interest arises during the time Consultant is representing the
City, Consultant will promptly inform the City. In that event, Consultant and City shall
agree upon a lobbyist to represent the City on any issue in conflict and agree upon the
appropriate fee for said services, which shall be deducted from Consultant fee. With
regard to those clients which the Firm began representing after the City of Clearwater's
initial representation, all conflicts would be resolved in favor of the City of Clearwater.
SECTION 9. CONSTRUCTION AND AMENDMENTS. This Agreement shall be
governed by and construed in accordance with the laws of the State of Florida. This
Agreement may be amended only by a writing duly entered into by the City and
Consultant.
SECTION 10. COMPLIANCE WITH
Consultant agrees to comply with the City's
Ordinance Sec. 2.601 which states the following:
RECYCLED PAPER ORDINANCE.
Recycled and Recyclable Products
A. All reports submitted to the City shall use recycled paper when it is
available at a reasonable price and of satisfactory quality to meet contractual
perFormance standards. For the purposes of this paragraph, the price of recycled paper
shall be considered "reasonable" if its cost is no more than ten percent higher than the
lowest price offered for non-recycled paper.
B. All reports submitted to the City shall use both sides of paper
sheets whenever practical.
C. Consultant shall be responsible for maintaining records
documenting usage of recycled paper for reports submitted to the City in fulfillment of
contractual obligations. Consultant shall submit such records to the City according to
procedures to be established by the Purchasing Manager.
SECTION 11. CANCELLATION OF AGREEMENT. Either party may cancel this
Agreement for any reason upon thirty (30) days advance written notice to the other
party. In the event of cancellation, Consultant shall immediately cease work hereunder
and shall be reimbursed for eligible and documented reimbursable expenses incurred
prior to the date of cancellation.
SECTION 12. ATTORNEYS FEES. In the event that either party seeks to
enforce this Agreement through attorneys at law, then the parties agree that each party
shall bear its own costs and that jurisdiction for such an action shall be in a court of
competent jurisdiction in Pinellas County, Florida.
Item # 15
Attachment number 5 \nPage 4
IN WITNESS WHEREOF, the City and Consultant have executed this Agreement
as of the date first written above.
Countersigned:
George N. Cretekos, Mayor
Approved as to form:
Pamela K. Akin, City Attorney
PENNINGTON, MOORE, WILKINSON,
BELL & DUNBAR, P.A.
�1��, � ;, •
Peter M. Dunbar, Partner
CITY OF CLEARWATER, FLORIDA
William B. Home, II, City Manager
Attest:
Rosemarie Call, City Clerk
Item # 15
4
Work Session
Council Chambers — City Hall
SUBJECT / RECOMMENDATION:
Meeting Date:10/29/2012
Adopt Ordinance 8346-12 on second reading, amendingthe Community Development Code regarding Public School Facilities;
amending Section 4-903 to delete public school faciities from standards for Certificate of Concurrency/Capacity; deleiing Section 4—
905 Public School Facilities Concurrency in its entirety; and amending definitions and rules in Article 8.
SUMMARY:
Review Approval: 1) Clerk
Cover Memo
Item # 16
Attachment number 1 \nPage 1
ORDINANCE NO. 8346-12
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, MAKING
AMENDMENTS TO THE COMMUNITY DEVELOPMENT CODE; BY
AMENDING SECTION 4-903 TO DELETE PUBLIC SCHOOL
FACILITIES FROM STANDARDS FOR CERTIFICATE OF
CONCURRENCY/CAPACITY; BY DELETING SECTION 4-905, PUBLIC
SCHOOL FACILITIES CONCURRENCY, IN ITS ENTIRETY; AND BY
AMENDING ARTICLE 8, DEFINITIONS AND RULES OF
CONSTRUCTION, SECTION 8-102, DEFINITIONS, BY DELETING
DEFINITIONS FOR CONCURRENCY SERVICE AREA(S), FIVE-YEAR
FACILITIES WORK PROGRAM, PUBLIC SCHOOL INTERLOCAL
AGREEMENT, SCHOOL CAPACITY AND LEVEL OF SERVICE
REPORT, SCHOOL CONCURRENCY APPROVAL, SCHOOL DISTRICT,
AND SCHOOL FACILITY, PUBLIC SCHOOL FACILITY, OR
EDUCATIONAL FACILITY; CERTIFYING CONSISTENCY WITH THE
CITY'S COMPREHENSIVE PLAN AND PROPER ADVERTISEMENT;
PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, it is necessary to amend the Community Development Code for consistency
with the Comprehensive Plan, and
WHEREAS, Section 163.3177(12), F.S., was amended in 2005 to require all non-exempt
counties and each non-exempt municipality within those counties to adopt and implement a
public school facilities element and a school concurrency program; and
WHEREAS, on February 21, 2008, the City of Clearwater City Council adopted a Public
School Facilities Element, and subsequently implemented school concurrency, and
WHEREAS, the Community Planning Act (HB 7207) amended Section 163.3177(12),
F.S. in 2011, eliminating the requirement for implementing school concurrency; and
WHEREAS, on September 7, 2011, the Pinellas Schools Collaborative reviewed the
changes to Chapter 163, F.S. and recommended discontinuing the implementation of school
concurrency, as significant coordination exists already between local governments and the
School District; and
WHEREAS, amendments are therefore required to Section 4-903 of the City of
Clearwater Community Development Code in order to eliminate requirements for implementing
school concurrency; and
WHEREAS, corresponding amendments have been made to the Future Land Use
Element, the Intergovernmental Coordination Element, the Capital Improvements Element and
the Public School Facilities Element, of the Clearwater Comprehensive Plan in order to
eliminate references to school concurrency; and
WHEREAS, the City of Clearwater has determined where the Community Development
Code needs clarification and revision, now therefore,
Ordinance No. �� �216
Attachment number 1 \nPage 2
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. That Article 4, Development Review and Other Procedures, Division 9,
Concurrency Management, Section 4-903, Standards for certificate of concurrency/capacity, of
the Community Development Code, be, and the same is hereby amended to read as follows:
Section 4-903. Standards for certificate of concurrency/capacity.
A. In determining whether a certificate of concurrency/capacity may be issued, the
community development coordinator shall apply the level of service standards in the
comprehensive plan according to the following measures for each public facility:
1. Potable water: water service area.
2. Sanitary sewer: sewer facility availability.
3. Drainage: drainage basin.
4. Solid waste: citywide.
5. Parks and recreation: citywide.
6. Roads: Section 4-803(C) Standards for Traffic Impact Study, and Section 4-904
Proportionate Fair-Share Program.
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Section 2. That Article 4, Development Review and Other Procedures, Division 9,
Concurrency Management, Section 4-905, Public school facilities concurrency, of the
Community Development Code, be, and the same is hereby deleted in its entirety as follows:
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Item # 16
2 Ordinance No. 8346-12
Attachment number 1 \nPage 3
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Item # 16
Ordinance No. 8346-12
Attachment number 1 \nPage 4
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Item # 16
Ordinance No. 8346-12
Attachment number 1 \nPage 5
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Item # 16
Ordinance No. 8346-12
Attachment number 1 \nPage 6
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Section 3. That Article 8, Definitions and Rules of Construction, Section 8-102,
Definitions, of the Community Development Code, be, and the same is hereby amended as
follows:
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Item # 16
Ordinance No. 8346-12
Attachment number 1 \nPage 7
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Section 4. Amendments to the Community Development Code of the City of
Clearwater (as originally adopted by Ordinance No. 6348-99 and subsequently amended) are
hereby adopted to read as set forth in this Ordinance.
Section 5. The City of Clearwater does hereby certify that the amendments
contained herein, as well as the provisions of this Ordinance, are consistent with and in
conformance with the City's Comprehensive Plan.
Section 6. Should any part or provision of this Ordinance be declared by a court of
competent jurisdiction to be invalid, the same shall not affect the validity of the Ordinance as a
whole, or any part thereof other than the part declared to be invalid.
Section 7. Notice of the proposed enactment of this Ordinance has been properly
advertised in a newspaper of general circulation in accordance with applicable law.
Section 8. This ordinance shall take effect immediately upon adoption.
Item # 16
7 Ordinance No. 8346-12
Attachment number 1 \nPage 8
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Approved as to form:
George N. Cretekos
Mayor
Attest:
Leslie K. Dougall-Sides Rosemarie Call
Assistant City Attorney City Clerk
Item # 16
8 Ordinance No. 8346-12
Work Session
Council Chambers — City Hall
Meeting Date:10/29/2012
SUBJECT / RECOMMENDATION:
Request for authority to institute a counterclaim in the case of Sabrina Lima DeRibeiro v. City of Clearwater, Case 12-8379Ci-20, on
behalf of the City against Sabrina Lima DeRibeiro to recover $4,516.20 for dainages to City property. (consent)
SUMMARY:
This case arises from an incident that occurred on August 17, 2011, near the intersection of Sunset Point Road and Kings
Highway, in which a City employee in a City vehicle and Sabrina Lima DeRibeiro were involved in a traffic collision.
An action was instituted by DeRibeiro for injuries she allegedly received in this incident. There is, however, conflicting
evidence as to the cause of the accident and who was at fault.
The cost to repair the City's vehicle was estimated to total $4,516.20, however, it was determined that the vehicle was too
damaged to warrant repair.
Type: Operating Expenditure
Current Year Budget?: Yes
Budget Adjustment Comments:
Current Year Cost:
Not to Exceed:
For Fiscal Year:
Appropriation Code
0-590-07000-545900—S19—
000-0000
$1,500
$1,500
10/O1 /20l 2 to 09/30/2013
Amount
$1,500
Budget Adjustment:
Annual Operating Cost:
Total Cost:
Appropriation Comment
None
Review Approval: 1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager 5) City Manager 6) Clerk
Cover Memo
Item # 17
Work Session
Council Chambers — City Hall
SUBJECT / RECOMMENDATION:
Meeting Date:10/29/2012
Report to City Council on City Manager modifications to Library Fines and establishing an amnesty period from November 5, 2012 to
December 21, 2012, allowing people to provide canned goods in lieu of payment for library fines.
SUMMARY:
During the past few years, a number of libraries have provided an amnesty period for library fines around the holiday
season by allowing the public to substitute canned goods for fine money. For the library, the benefit is to encourage
people to return their overdue items, which are far more valuable than the amount of the fines. For charities, it provides
another method of collecting food during the holiday time. Far our patrons, it allows them to clear their recard and
return to good standing with the library while helping a worthy cause.
Staff anticipates a]oss to the city of approximately $2,000 in fine revenue. Not all patrons will chose to provide food in
lieu of paying their fines, and the amnesty will not cover payments for lost or damaged materials or other fees outside
of library fines; staff expects the impacts to be minimal. The library would be able to cover that cost from within the
existing budget. Staff also anticipates some patrons not owing fines would chose to donate through the library. This
would also support city efforts to collect and distribute food and gifts during the holiday season.
For many years, library fines in the county had been set at $.10 a day. About three years ago, that amount was
increased to $.15 a day. This year, the majority of libraries in the county are raising rates to $.20 a day for
books. Council has given the City Manager the ability to approve that change.
In addition, most libraries are moving to decrease the fines on DVDs from $1.00 a day to $.50 a day. Although this
may seem contradictary, the experience in Ohio showed that revenue actually increased when this fine rate dropped. A
person can check out eight DVDs at a time. At $1.00 a day, if they are 5 days late, they owe $40, which would be the
maximum fine. This can be a daunting sum for some families, just for being a few days late. At the $.50 rate, they
would owe $20, an amount many would find easier to pay of£ The justification for the much higher rate is no longer
valid. DVDs are not more expensive than books; in fact, they are usually cheaper. The City has a solid collection of
material and not trying to avoid scarcity. The greatest return on investment comes from getting materials back as
quickly as possible and returning them to circulation, and a$1.00 fine rate on a small part of the collection does not
encourage that.
Type: Other
Current Year Budget?: No Budget Adjustment: Yes
Budget Adjustment Comments:
The library would reduce the revenue expectaton from Fines (322101) by $2000. The library budget would be reduced by $2000.
Current Year Cost:
Not to Exceed:
For Fiscal Year:
$2000 Annual Operating Cost: 0
$2000 Total Cost: $2000
2012 to 2013
Cover Memo
Item # 18
Review Approval: 1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager 5) City Manager 6) Clerk
Work Session
Council Chambers — City Hall
SUBJECT / RECOMMENDATION:
Priority Dispatch - Mayor George N. Cretekos
SUMMARY:
Review Approval:
Meeting Date:10/29/2012
Cover Memo
Item # 19
C�� :1�=�� �lo
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City of Largo, Florida
�'ast Office Box 29b, Largo, Florida 33779-OZ96
Attachment number 1 \nPage
JuL �o �a��.
�fiics of the Mayor and Commission
E-maiR commissian a[�larga.com
July 27, 2012
Pinelias County
Board o# County Commissioners
315 CoUrt Sireet
Clearwafer, �L 33756
Dear Counfy Corr�missianers:
(727) 587-67fl2
FAX; (727J 587-6797
The City af Largo Fire Fiescue Deparfinent prvvides t�ath Fire Sup�ression Services and �mergency
Medical Services (�M5} under contraei wi#h Pinellas County for #he resicfents of aur City, the City of
Befleair BI€�ffs, th� Town afi Belleair, and three unincorporated fire distric#s. 1 recagnize the value of
r�aintaining ihe current dua( response system, in �hich one of our fire units staffed with paramedics and
EMi''s is dispatched along wi#h a SUNSTAR ambulance to serious medieal calis for service. However, 1
am also aware of fhe need to make the current emergency medical response system more efficient in
ord�r io enhance its long term fiscal sustainabiiity. I aiso continue ta r�eeive input from the publ�c
regarding their �erception that multiple units res�onding to minor medical situatinns is wasteful.
i support the use oi nationally recognized protocols to prioritize t�e dispatch of t�e apprapriate type and
number of units io calls for medical assistance. The decision in 201p io dispatch only fire department
units to ealls #hat rypically do not require transport was a�asitive initiai step. The proposal to now
dispatch only SEJNSi"AFi units to calls that iypieally j�st require trans�ort is another logical step tpwards
rr�aking the system more efficient and better match resources to actuaf needs. By not dispatching a iire
ur�it on such cails, thai unit will be available to answer critical cal(s that invnlve either a life-threatening
mecliea� errtergeney or a#ire. A reduciion in unnecessary calls may ultimate[y resuit in the need for fewer
EMS tire units, reducing the aperating cnsts for an EMS system ti�at is under financiai stress.
In su►nmary, I support fhe recommendation of the Counfy Aciministrator and his staff to further implement
Mecfical Priorfty Dispatch by only dispatching a SUNSTAR ambulance fo calis that do not require a�ire
Department EMS u�tit.
SEnc" re! , -�
�\ � __ , � � / '-L
�
atricia S. Gerard �
Mayar
CITY O� LARGO
cc: � Go[anty Administrator �iobert Lasala
Largo City Commissivn
City Manager Norton "Mac" Craig
Item # 19
Providing superior services lhat enhanee ihe qualrty of life and community pride.
Attachment number 2 \nPage 1
WHEREAS, Emergency Medical Dispatch (EMD) is a nationally recognized system to
provide quality pre-hospital care, and is utilized in over 3,000 communities across the world; and
WHEREAS, Pinellas County 9-1-1 is currently utilizing two earlier improvements to the
EMD program which were implemented safely and effectively; and
WHEREAS, medical professionals categorically support the use of triage and the
corresponding efficiency in the utilization of resources; and
WHEREAS, the EMS Medical Director has recommended patient focused changes to the
County's existing EMD Program, referred to as Phase 3, to further improve system-wide resource
utilization ; and
WHEREAS, these changes have been unanimously endorsed by the Medical Control
Board, which is comprised of emergency physicians and hospital administrators; and
WHEREAS, the changes were further overwhelming endorsed by the EMS Advisory
Council; and
WHEREAS, each member of the City Council has individually met with the Fire Chief,
Fire Department staff, and County Public Safety Services staff to review and discuss the
proposed EMS changes; and
WHEREAS, in the interest of preserving the availability of the ALS First Responder
resources to respond to the most serious medical needs the recommended changes are necessary
and appropriate.
NOW THEREFORE BE IT RESOLVED:
The City Council supports Pinellas County's further enhancement to Emergency Medical
Dispatch (EMD) program through implementation of Phase 3 improvements.
Item # 19
Work Session
Council Chambers — City Hall
SUBJECT / RECOMMENDATION:
City Manager and City Attorney Increases
SUMMARY:
Review Approval:
Meeting Date:10/29/2012
Cover Memo
Item # 20
City �1��orn�y
Effective Date Actic�n Actinn Reasan Depariment Ar�nual Ra#e Change Percent
1017�12(3(]7 Pay Rt Chg Qther Legal $�48,693.9� 3.95 _
1Qj1f ZCYDF� Pay RL Chg �t�er Lega� $1�33,fl43.76 �
1�I�/2Q�5 Pay Rt Chg C3ther �e��{ $137,542.[38 i
1�l]1,12CiD4 Pay Rt C�g f}ther Legal $128,544.aQ 3
1E3/1f��0� Pay Rt C�g �ther Legal $124,8�{}.O[7 4
za/1/ZQ(72 D�ta Chg CQ�-Pay ftt Legal $��0,4C1t?.fi0 {�.446
1€�/1/2U�2 Pay Rt Cl�g C}ther �,��a�' $1i9,945.[3f? 4.3
�.0/1�2�}47. Pay �tt Chg C}�het' legal $115,OCiQ.�v $.559
1i]/1J20C}0 F'ay Rt Chg ' Ot�ser Legal $1i}5,933.4� 8
10/��1999 �3�ta G�g Le�al �JB.D$6.53 8
-
1€}/lf 1998 Pay Rt C�� Qther Legai $98,C�86.53 8
5/14/1998 Data �hg ConversiQn tegal $9C},82[�.85
Zol311s94 Mire �ega► $9€},sza.s�i
C�#y Man�g�r
�#fectirre Date i Aetion �ctian Reason Departmer�t Annu�1 Raae Change �ercerat
10/T1���7 Pay Rt C�g fl�her - City Mgr -- $��1,(}85.�6 3.�5
1�]j7{24D�G Pay Rt C�g Qther City N'lgr $154,964.C}8 4
�C1J1�24Q5 Pay I�t Chg I ather City Mgr $�49,�a3.92 7
10I�J2(�{]4 Pay Rt Chg Qther City M�r $139.255.aU 3
_ - -
10/�j20a3 Pay Rt Chg flther City Iv'kgr $135,2C1Q.Dt3 �
— -
S0�/2C102 P�y Rt Ct�g Rdjustme�# Cuty Mgs- $130.OQ{3.�f7 8,33�
8]�r2C1�1 Prt�ma4inn Repla�e 'City Mgr $12�.aQ[�.QQ 2fl
81ZJ20�7E Data Cfi�g Ac� Ends City �Ilgr $1Q{3,i���}.41 -
7f24�'2C3E}0 D�ta Ch� A�t �egir�s �ity ivlgr $�DQ,i�Q�.41 5.66A
�j11���� Pay Rt C�g A�djustmer�t City Mgr $54,E4�.C�Q 4
�21j3�99 Prorr�o4ian �k�w Ppstn City Mgr $91,(30d.EiQ 33.7�
1�9,Ji'��$ Pay Rt Chg 'SAMP Ine GenS�vjf�dm $$fl,(�D�Q.Ofl 8.1E}$
f�/8/1998 D�ta C�g Cst Cnt Ch GenS�+/Adm �74,L)f�Q.16
/S/1998 Rehire Replacemnt �GenSw/Adm $7�i,�Dp.1�,
9f5j1998 Terminatn Enci�mp�mp GenSv/At�m $74,a0fl.16
7IE/1998 �lire car,cr��z ��r�s�]�,d�r, ���,aao.�6 --
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Attachment number 2 \nPage 4
Item # 20
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Work Session
Council Chambers — City Hall
SUBJECT / RECOMMENDATION:
Courtney Campbell Trail Name Recommendation - Councilmember Jonson
SUMMARY:
Review Approval:
Meeting Date:10/29/2012
Cover Memo
Item # 21
Attachment number 1 \nPage 1
RESOLUTION NO.
A RESOLUTION OF THE CITY OF CLEARWATER,
FLORIDA, RECOMMENDING THE NAME
"COURTNEY CAMPBELL TRAIL" TO BE APPLIED
TO THE MULTIPLE USE TRAIL FACILITY TO BE
CONSTRUCTED ON THE SOUTH SIDE OF THE
COURTNEY CAMPBELL SCENIC HIGHWAY
WHEREAS, the Courtney Campbell Scenic Highway is regionally
significant and more than 50,000 commuters traverse the Highway daily; and
WHEREAS, in 1948, it was named in honor of Courtney W. Campbell, a
Florida Road Board member, United States Representative, and a Clearwater
Beach resident; and
WHEREAS, the Courtney Campbell Causeway was designated a Scenic
Highway in 2005 through the efforts of the Courtney Campbell Scenic Highway
Corridor Advisory Committee of the Tampa Bay Regional Planning Council, The
Westshore Alliance, the Clearwater Regional Chamber of Commerce, the
Counties of Hillsborough and Pinellas, the Cities of Tampa and Clearwater, and
many other Tampa Bay organizations; and
WHEREAS, the Scenic Highway was named the Courtney Campbell
Scenic Highway; and
WHEREAS, through funding from the Florida Department of
Transportation, a new multiuse trail facility is being constructed along the south
side of the causeway; and
WHEREAS, this Trail will be about 8.79 miles in length and provide a
regional non-motorized corridor and many recreational opportunities; and
WHEREAS, the City of Clearwater, Florida requests the facility to be
formally named the "Courtney Campbell Trail" consistent with the common name
of the Scenic Highway; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF CLEARWATER, FLORIDA:
Section 1. The City of Clearwater, Florida formally requests the name
"Courtney Campbell Trail" for the multi-use trail facility located on the south side
of the Courtney Campbell Scenic Highway.
Item # 21
Section 2. This resolution shall take effect immediately upon adoption.
Section 3. A copy of this resolution will be transmitted to the Florida
Department of Transportation.
PASSED AND ADOPTED this day of , 2012.
George N. Cretekos
Mayor
Approved as to form: Attest:
Pamela K. Akin Rosemarie Call
City Attorney City Clerk
Attachment number 1 \nPage 2
Item # 21
Work Session
Council Chambers — City Hall
SUBJECT / RECOMMENDATION:
Business, Neighborhood, and Homes of the Quarter
SUMMARY:
Review Approval:
Meeting Date:10/29/2012
Cover Memo
Item # 22
Work Session
Council Chambers — City Hall
SUBJECT / RECOMMENDATION:
Super Boat Presentation - Brian Aungst and Frank Chivas
SUMMARY:
Review Approval:
Meeting Date:10/29/2012
Cover Memo
Item # 23
Work Session
Council Chambers — City Hall
SUBJECT / RECOMMENDATION:
Suncoast Jazz Classic Weekend Proclamation - Joan Dragon, Director of the Suncoast Jazz Classic
SUMMARY:
Review Approval:
Meeting Date:10/29/2012
Cover Memo
Item # 24
Work Session
Council Chambers — City Hall
SUBJECT / RECOMMENDATION:
2012 City United Way Proclamation
SUMMARY:
Review Approval:
Meeting Date:10/29/2012
Cover Memo
Item # 25