STATE LOBBYING SERVICES AGREEMENT (2)
STATE LOBBYING SERVICES AGREEMENT
THIS AGREEMENT is made on the ~~day of August, 2007, by and between
the CITY OF CLEARWATER, FLORIDA, P.O. Box 4748, Clearwater, Florida 33758,
(the "City") and the law firm of PENNINGTON, MOORE, WILKINSON, BELL &
DUNBAR, P.A., P. O. Box 10095, Tallahassee, Florida 32302 ("Consultant").
WITNESSETH:
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 M. Dunbar, Martha
Edenfield, Tom Lewis, and Marc Dunbar which shall include all the resources of the
individual lobbyists of the consultant's firm to assist and represent the City on issues
which shall include, but are not limited to the following:
A. Strategic governmental relations program development and planning;
B. Lobbying and advocacy before administrative agencies;
C. Proactive issue identification and management;
D. Timely assessment of information which may affect the City;
E. Legislative monitoring and lobbying;
F. Regulatory agency representation;
G. Assessment of budgetary and regulatory issues;
H. Regular updates on City-related issues;
I. Administrative Branch representation; and
J. Issue Analysis
SECTION 3. LOBBYING TEAM. It is understood and agreed between the City
and Consultant that the lobbying team shall consist of three members and that
responsibility for organization and leadership of the lobbying team will fall upon Peter
Dunbar, Martha Edenfield, and Marc Dunbar, but the consultant team will include all of
the resources of the Consultant's individual lobbyists. The City reserves the right in its
absolute discretion to cancel this Agreement if either Peter 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, 2007
through September 30, 2012.
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.
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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 RECYCLED PAPER ORDINANCE.
Consultant agrees to comply with the City's Recycled and Recyclable Products
Ordinance Sec. 2.601 which states the following:
A. All reports submitted to the City shall use recycled paper when it is
available at a reasonable price and of satisfactory quality to meet contractual
performance standards. For the purposes of this paragraph, the price of recycled paper
shall be considered "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.
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IN WITNESS WHEREOF, the City and Consultant have executed this Agreement
as of the date first written above.
Countersigned:
,4~~
Frank Hibbard, Mayor
Approved as to form:
t)k.!
Pamela K. Akin, City Attorney
PENNINGTON, MOORE, WILKINSON,
BELL & DUNBAR, P.A.
c-.,~, ~
Peter M. Dunbar, President
CITY OF CLEARWATER, FLORI DA
~~.~L
William B. Home, II, City Manager
Attest:
,~--
'.
4
Exhibit A
CITY OF CLEARWATER
REQUEST FOR PROPOSAL – 30-07
FOR
STATE LOBBYING SERVICES
TO BE OPENED AT 4:00 P.M.
July 2, 2007
AT
PURCHASING OFFICE
MUNICIPAL SERVICES BUILDING
100 SOUTH MYRTLE AVENUE
CLEARWATER, FLORIDA 33756
RFP for State Lobbying Services for the City of Clearwater
I. General Purpose and Introduction
The City of Clearwater (City) seeks an experienced, well-qualified person, firm, or
entity (Respondent) to help represent the City before the Legislature, and the Executive
branch of the state government. It is the City’s intention to solicit responses from
potentially qualified respondents; to evaluate their responses; to require presentations
by finalists (if deemed necessary); to negotiate terms; including price; and to award a
contract for services upon successful negotiation of a reasonable contract. The City of
Clearwater has a Council-Manager form of government with a five-member City Council
whose members are elected at large. The terms of office are staggered. The City
Manager is appointed by the City Council to implement and manage Council policy.
II. Scope of Services
The scope of services to be performed by a qualified Respondent include but are
not limited to the following:
A. The qualified Respondent shall be able to maintain a presence on behalf of the
City of Clearwater in the Tallahassee, FL area. The qualified Respondent is
required to have an office located in the Tallahassee area.
B. The qualified Respondent shall be able to provide timely information,
assessments and reports on state legislation, budgetary, and regulatory issues
affecting the City of Clearwater. The information provided shall include regular
updates on city-related issues with emphasis on those issues specifically
affecting Clearwater.
C. The qualified Respondent shall be able to effectively communicate City Council
policy positions to the Legislature, the Administration, and state agencies. This
will include scheduling meetings for the Mayor, members of the City Council, City
Manager or City legislative staff with members of the State Senate, House, the
Administration, and with state agency representatives to discuss the City’s
concerns. The Respondent will provide advice and counsel on the timing,
necessity and subject matter, including the key points needing to be discussed at
any of these meetings. Additionally, the Respondent will advise the City on the
necessity to write letters of support or opposition on pending legislation or state
policy issues.
D. The qualified Respondent shall be able to provide timely information and advice
on state funding opportunities to support City programs and services and
facilitate state consideration of City applications. The City throughout the year
submits grant applications to seek funding for programs that compliment the
goals and objectives of the City Council. The Respondent should be prepared to
support these efforts by advising the City of available opportunities. The
Respondent may be asked to spearhead efforts to seek grant opportunities made
available by state agencies that have applicability to City of Clearwater priorities.
E. The qualified Respondent shall be able to work in conjunction with the Florida
League of Cities in support or opposition of budget appropriations, legislation and
agency rules or regulations affecting cities.
F. The qualified Respondent shall be able to review and provide advice on
development of the City of Clearwater’s State Legislative Program.
G. The qualified Respondent shall be able to travel to Clearwater as directed.
Occasionally, the Respondent may be asked to travel to Clearwater to report on
Travel to Clearwater and on behalf of
its activities in representing the City.
Clearwater will be reimbursableV.E.
(see Item , below).
H. The qualified Respondent shall provide written status reports on the State
Legislative Agenda.
III. Calendar of Events
A. 5/31/07 Request for Proposal (RFP) Release date
B. 7/2/07 RFP Opening no later than 4:00 p.m. at 100 S. Myrtle Ave.,
Clearwater, FL 33756
C. 7/9/07 Evaluating Committee Review
D. 7/16/07 Candidate presentations/interviews with Evaluating Committee (if
deemed necessary)
E. 7/20/07 Evaluating Committee recommendation of finalists
F. 8/2/07 City Council reviews Evaluating Committee recommendation for
approval (Agenda Item)
G. 10/1/07 Commencement of Services
The above schedule may be changed solely at the City’s discretion.
IV. Minimum Qualifications
A. Respondent must demonstrate experience and expertise in the state legislative
process or be able to demonstrate equivalent experience.
B. Respondent must demonstrate the ability to represent local government clients to
the Legislature or be able to demonstrate equivalent experience.
C. Respondent must demonstrate ongoing relationships with members of the
Florida Legislature by including in their list of references, members and a contact
person in each of the offices who can discuss the Respondent’s work.
D. Respondent must demonstrate ongoing relationships with key members and
Legislative Committee staff, Executive Branch agency staff, and describe how
these relationships may be of assistance to the City.
E. Respondent must demonstrate familiarity with State agencies and a record of a
successful working relationship with these agencies.
V. Response Format and Content
A. Respondent should submit documentation to substantiate compliance with
Minimum Qualifications as stated in this document.
B. Respondent’s history and background including: 1) list and description of
outcomes of public sector projects and initiatives worked on in the past five
years, including key contacts for each of these projects; 2) experience with local
government(s) in the last five years; 3) a list of clients for whom similar services
were provided; 4) details of how project success was measured, 5) list of team
members who will be providing lobbying services for Clearwater and their
experience with local government; and 6) a list of 2006/07 clients.
C. A Work Plan indicating: 1) Respondent’s approach to provide the required scope
of services; 2) names of individual(s) responsible to provide the services and
resumés describing qualifications, credentials, relevant experience, and how long
individual(s) have been on the team; and 3) Respondent’s membership and
participation in professional associations.
D. Respondent shall provide a Financial Statement Cost Summary.
E. Respondent shall supply total cost to perform services with a breakdown
Travel and out-of-pocket expenses shall
providing hourly rate and total cost.
be listed separately and included in total cost.
Respondent shall provide
payment terms and a schedule of payments.
VI. Proposal Submission
Proposals shall be delivered to the City Purchasing Manager, City of Clearwater,
100 South Myrtle Avenue, Clearwater, FL 33756, prior to the opening time of 4:00 p.m.
on July 2, 2007. Delivery of proposals to the City of Clearwater’s Purchasing Office
prior to the specified date and time is solely and strictly the responsibility of the
Respondents. The City shall not, under any circumstances, be responsible for delays
caused by the United States Postal Service or any private delivery service, or for delays
caused by any other occurrence. All responses must be manually and duly signed by
an authorized corporate officer, principal, or partner with the authority to bind said
Respondent. All responses must be marked on the outside:
“Request to Provide Lobbying Services at the State Level
To the City of Clearwater:
To be Opened at 4:00 p.m. E.S.T., July 2, 2007.”
The Respondent is solely responsible for reading and completely understanding
the requirements of his RFP. The opening time shall be and must be scrupulously
observed. Under no circumstances will qualification delivered after the specified
delivery time be considered. Late submissions shall be returned unopened to the
Respondent with the notation, “The qualifications were received after the delivery time
designated for receipt and opening of the proposals.”
six (6)
The Respondent shall submit copies of their proposals in their entirety.
All proposals shall be prepared and submitted in accordance with the provisions
of this RFP. However, the City may waive informalities, irregularities, or variances,
whether technical or substantial in nature or reject any and all qualifications at its
discretion. Any proposal may be withdrawn prior to the indicated time for opening of
proposals or authorized postponement thereof. No Respondent may withdraw
proposals within ninety (90) days after the actual date of the proposal’s opening.
VII. Inquiries and Addenda
Each Respondent shall examine the RFP document and shall judge all
matters relating to the adequacy and accuracy of this document.
Any inquiries,
suggestions, or requests concerning interpretation, clarification, or additional information
pertaining to the RFP shall be made through the City of Clearwater’s Purchasing
Manager, George McKibben at P.O. Box 4748, Clearwater, FL 33758; 100 S. Myrtle
Ave., Clearwater, FL 33756; or FAX 727/562-4635. The City shall not be responsible
for oral interpretations given by any City employee, representative, or others. The
issuance of a written addendum is the only official method whereby interpretation,
clarification, or additional information can be given. If any addenda are issued to this
RFP, the City will attempt to notify all prospective Respondents who have secured
same. However, it shall be the responsibility of each Respondent, prior to submitting
the proposal, to contact the City of Clearwater’s Purchasing Manager (727/562-4634) to
determine if addenda were issued and to make such addenda a part of the proposal.
VIII. Responder Preparation Expenses
Each responder preparing a proposal in response to this request shall bear all
expenses associated with their preparation. Responders shall prepare a response with
the understanding that no claims for reimbursement shall be submitted to the City for
the expense of preparation or presentation.
IX. Right to Protest
Any actual or prospective bidder who is aggrieved in connection with the
solicitation or award of a contract may seek resolution of his/her complaints by
contacting the Purchasing Manager.
X. No Corrections
Once competitive proposal is submitted, the City shall not accept any request by
any proposer to correct errors or omissions in any calculations or competitive price
submitted.
XI. Openness of Procurement Process
Written competitive proposals, other submissions, correspondence, and all
records made thereof, as well as negotiations conducted pursuant to this RFP, shall be
handled in compliance with Chapters 119 and 286 Florida Statutes. The City gives no
assurance as to the confidentiality of any portion of any proposal once submitted.
XII. No Collusion
By offering a submission to the RFP, the proposer certifies the proposer has not
divulged to, discussed or compared his/her competitive proposal with other proposers
and has not colluded with any other proposers or parties to this competitive proposal
whatsoever.
XIII. Informality Waiver/Rejection of Proposals
The City reserves the right to reject any or all responses and to waive any
irregularity, variance or informality whether technical or substantial in nature, in keeping
with the best interest of the City.
XIV. Appropriations Clause
The City, as an entity of government, is subject to the appropriation of funds by
its legislative body in an amount sufficient to allow continuation of its performance in
accordance with the terms and conditions of this contract for each and every fiscal year
following the fiscal year in which this contract shall remain in effect. Upon notice that
sufficient funds are not available in the subsequent fiscal years, the City shall thereafter
be released of all terms and other conditions.
XV. Evaluation Criteria & Ranking Process
Evaluation of the proposals
A. shall be accomplished using the criteria described
in this section. Information and data included in the response shall be
considered in the evaluation process.
Selection Criteria and Weight
B. (indicated in parenthesis)
(5)
1. Overall quality (completeness, and thoroughness of the Work Plan)
(4)
2. Experience (documented, successful, and relevant) with local
governments and/or organizations in providing lobbying services
(3)
3. Qualifications (knowledge, education, and training)
(3)
4. Reports from references
(2)
5. Cost for services
References
C. may be contacted regarding the satisfaction of services rendered by
the Respondent. References will be evaluated based on overall quality of work
and successful experience.
Negotiations
D.
Following the ranking of the proposals, the Committee shall designate the top
ranked Respondent and enter into negotiations. The Committee shall notify the
Respondent in writing. Negotiations shall begin immediately with the Respondent
selected. If negotiations are successful, the Committee shall recommend the favorable
Respondent to the City Council. Thereafter, the City Council may issue a notice of
intent to enter into an agreement with the Respondent by certified mail. If the
negotiations are unsuccessful, the Committee shall begin negotiations with the second
ranked Respondent. The Committee reserves the right to terminate negotiations at any
time, with or without cause.
The Evaluation & Negotiation Committee reserves the right to negotiate whatever
schedule is convenient to it and which is in the best interest of the City.
Insurance, Safety & Contract Requirements
E.
The successful bidder will procure and maintain, at bidder’s expense, insurance
Exhibit A attached
coverage as contained in hereto and made a part hereof as if fully
set forth herein, and will also comply with all supplemental provisions regarding
insurance, indemnification, safety, etc. contained therein.
EXHIBIT A
CITYOF CLEARWATER
ADDITIONAL RISK MANAGEMENT/INSURANCE REQUIREMENTS
FOR
AGREEMENTS AND CONTRACTS
INSURANCE
In addition to any other insurance required by the RFP, or bid documents, the vendor
shall provide the following described insurance, except for coverage specifically waived
by the City, on policies and with insurers acceptable to the City.
These insurance requirements shall not limit the liability of the vendor. The City does
not represent these types or amounts of insurance to be sufficient or adequate to
protect the vendor’s interests or liabilities, but are merely minimums.
The vendor’s deductibles/self-insured retention shall be disclosed to the city and may be
disapproved by the City. They shall be reduced or eliminated at the option of the City.
The vendor is responsible for the amount of any deductible or self-insured retention.
INSURANCE OF THE VENDOR PRIMARY
Insurance required of the vendor or any other insurance of the vendor shall be
considered primary, and insurance of the City, where applicable, shall be considered
only as excess.
PROFESSIONAL LIABILITY, MALPRACTICE AND/OR ERRORS OR OMMISSIONS
If checked below, the City requires the following terms and types of insurance for
professional, malpractice, and errors or omissions liability.
X Professional Liability/Malpractice/Errors or Omissions Insurance
The vendor shall purchase and maintain professional liability or malpractice or
errors or omissions insurance appropriate for the type of business engaged in by
vendor with minimum limits of $500,000 per occurrence.
If a claims made form of coverage is provided, the retro-active date of coverage
shall be no later than the inception date of claims made coverage, unless prior
policy was extended indefinitely to cover prior acts.
Coverage shall be extended beyond the policy year either by a supplemental
extended reporting period (ERP) of as great duration as available, and with no
less coverage and with reinstated aggregate limits, or by requiring that nay new
policy provide a retroactive date no later than the inception date of claims made
coverage.
WRITTEN AGREEMENT/CONTRACT
Any party providing services or products to the City will be expected to
enter into a written agreement, contract, or purchase order with the City that
incorporates, either in writing or by reference, all of the pertinent provisions
relating to insurance and insurance requirements as contained herein and in the
RFP or other bid documents. A failure to do so may, at the sole option of the
City, disqualify any vendor, bidder, or proposer of services and/or products to the
City.
Pennington
Moore
Wilkinson
Bell I
Dunbar P.A.
ATTORNEYS AT LAW
www.penr)ingtonlaNv.com
June 29, 2007
Mr. George McKibben, Purchasing Manager
City of Clearwater Procurement Division
100 South Myrtle Avenue
Clearwater, FL 33756
Dear Mr. McKibben:
Peter M. Dunbar
Martha J. Eden#'ield
Attorneys at Law
(850) 222-3533
Petei17E1117111??ton.law.com
Martha. penninatonlaw.con)
On behalf of the Law Firm of Pennington, Moore, Wilkinson, Bell and Dunbar,
P.A., thank you for this opportunity to respond to the City of Clearwater Request for
Proposal RFP-30-07 for State Lobbying Services.
With the Pennington Firm, the City will find that it is not just getting an attorney or
a special consultant - the City will be getting a team. 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. The Firm is organized into
practice groups and uses teams of attorneys, special consultants, paralegals and
support staff to coordinate outstanding legal representation.
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 three decades can offer its
clients. Our attorneys and special consultants - many of whom served as state
legislators, general counsel and senior legislative staff - are able to effectively influence
government policy through strategic legislative representation.
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.
215 South Monroe St., 2nd Floor (32301) P.O. Box 10095 TallaN
TALLAHASSEE TAMPA
FL 32302-2095 (850) 222-3533 (850) 222-2126 fax
CLEARWATFR
Mr. George McKibben, Purchasing Manager
June 29, 2007
Page Two
Pete Dunbar and I will be the contacts for purposes of the submittal of this RFP.
Please let us know if you need any additional information or have any questions
regarding this proposal.
Thank you again for this opportunity to submit this Proposal and we look forward
to hearing from you.
MJE/tmz
Respectfully,
RESPONSE TO THE
CITY OF CLEARWATER, FLORIDA
REQUEST FOR PROPOSAL - 30-07
STATE LOBBYING SERVICES
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)
Website address: penningtonlaw.com
TABLE OF CONTENTS
A. Compliance with Minimum Qualifications ....................................................... 1-12
1. Experience and expertise in the State Legislative Process ................. .... 1-4
2. Ability to represent local government clients before the Legislature .... .... 4-6
3. Ongoing relationships with members of the Legislature ...................... .... 6-8
4. Ongoing relationships with key members and legislative committee
Staff, Executive Branch agency staff ................................................... .. 8-11
5. Familiarity with State agencies and a record of successful working
relationship with these agencies .......................................................... 11-12
B. History and Background ..............................................
1. List and description of outcomes of public sector projects and
initiatives worked on in the past 5 years .............................................. 13-15
2. Experience with local governments in the last 5 years ........................15-19
3. List of clients for whom similar services provided ..................................... 19
4. Detail of how project success was measured ...................................... 20-21
5. List of team members providing services and experience with
local government ................................................................................. 21-24
6. List of clients for 2006/2007 ................................................................. 24-26
C. Work Plan ................................................................................. ................... 26-41
1. Approach to Scope of Services ........................................................... . 26-34
A. Ability to maintain a presence in Tallahassee ............................ . 26-27
B. Ability to provide timely information, assessments & reports ...... . 27-29
C. Ability to communicate city council positions .............................. . 29-30
D. Ability to provide timely information and advice on state funding ...... 31
E. Ability to work in conjunction with Florida League of Cities......... . 31-32
F. Ability to review and provide advice on the legislative program .. . 32-33
G. Ability to travel to Clearwater as directed .................................... ...... 33
H. Ability to provide written status reports ....................................... . 33-34
2. Resumes and detailed qualification information on the key
personnel who will be assigned to this project .................................... . 34-40
3. Firm Membership and Participation in Professional Associations....... . 40-41
D. Financial Statement Cost Summary ............................................................... 41
E. Total Cost to Perform Services ................................................................. 41-42
A. COMPIANCE WITH MINIMUM QUALIFICATIONS
1. Experience and Expertise in the State Legislative Process
The Pennington Law Firm offers the City of Clearwater unparalleled depth, experience
and resources to make its Legislative Agenda a success. Anchored by 3 former
members of the Legislature, the Pennington Law Firm has over 175 years of combined
legislative experience and places 12 full-time lobbyists in the Capitol each legislative
session. These lobbyists include 4 former executive agency staff, 3 former legislative
staff members, a former Chief of Staff and General Counsel to a Republican Governor,
a former senior staff member of the Department of State, a former General Counsel to
the Department of Financial Services, and a former Secretary of the Department of
Community Affairs, Department of Transportation and the Department of Management
Services.
The Firm operates on a team approach for all of its clients with anywhere from 2 to 12
lobbyists being staffed for each client's needs. To assist the City, the Firm 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, Martha J. Edenfield, Marc W. Dunbar and Tom E. Lewis, Jr.
The Firm 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 the Firm transcends party affiliation, age, gender and
race. The Firm's diverse client base includes Fortune 500 companies, local
governments, statewide non-profit organizations and associations, as well as a variety
of governmental and municipal entities.
The Firm'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. The Firm has been involved on
behalf of clients in almost every major piece of legislation considered by the House and
Senate in recent years.
The Firm 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. The Firm has represented local governments and municipalities in
garnering hundreds of millions of dollars in appropriations for local programs and
initiatives. Further, the Firm has drafted and passed numbers of substantive pieces of
legislation for its local government clients.
1
In representing the City of Clearwater in the state legislative process, the Firm 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.
Below is a short summary of the Firm's experience in areas which may be of interest to
the City.
Growth Management and Land Use
The Pennington Firm is involved with the growth management legislation whenever it
arises. The Firm 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. The Firm has
extensive experience in supporting the funding of affordable housing, and will be
involved in issues surrounding workforce housing.
Appropriations/Revenue Sharing/Protection of City Revenue
The Firm has assisted local governments in obtaining millions of dollars in
appropriations from the state. The Firm 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
The Firm 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 the Firm has successfully obtained numerous
line item appropriations for various road projects. The Firm previously assisted the City
of Clearwater in a substantive transportation code change, which resulted in a state,
local and federal partnership to fund the new Memorial Causeway.
Environmental Issues
Pennington Firm members engage in practice in environmental permitting and in
practice before the Department of Environmental Protection. The Firm has also been
involved in legislation on solid waste, Environmental Regulation permits, water supply
and development. The Firm 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.
2
Water and Sewer Issues
The Firm was instrumental in the creation of Tampa Bay Water transfer act of the
legislature and 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. The Pennington Firm is 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 years.
Community Redevelopment including CRA Issues
The Firm closely monitors and works on community development issues on behalf of its
local government clients.
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;
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 Spring Training legislation. The Firm has experience working
on QTI 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, the Firm has an extensive knowledge of real property issues. The Firm attended
every meeting of and worked closely with the House Select Committee on Private
Property Rights and with the Joint Select Committee on Property Taxes.
Telecommunication matters/e-commerce
The Firm was involved during the 2005 legislative session in issues regarding
deregulation of broadband communications and imposing duties on municipalities which
provide telecommunication services. Members of the Firm 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.
3
Uniform Building Code/Construction and Permitting
The Firm has been involved with the Uniform Building Code on behalf of its insurance
and construction industry clients. The Firm closely monitors all attempts to amend the
Code. The Firm has worked on construction permitting, inspection and bond issues on
behalf of its local government clients.
Public Safety
The Firm 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
accelerating pension benefits for firefighters to be repaid from the insurance surtax.
Home Rule Issues
The Firm monitors and is involved on all issues which seek to further erode the home
rule authority and powers of local governments including tax reform and funding issues.
Special Acts/Local Bills
The Firm has worked on numerous local bills and special acts on behalf of its local
government clients, including the City of Clearwater, Tampa Bay Water, City of Daytona
Beach, South Daytona, and Volusia County.
Article V
The Pennington Firm has played an integral role in the Article V issues on behalf of the
City of Clearwater, Miami-Dade County and Pinellas County. The Firm is worked on
Article V related issues, such as the issue of increased filing fees for code enforcement
cases and county employee benefits.
Hurricane Mitigation Legislation
The Pennington Firm is very familiar with all issues related to windstorm and property
insurance. The Firm also helped secure nearly $6 million in a special session on behalf
of two storm ravaged local governments.
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, the Firm represents the following local government entities for the specified
number of years: Volusia County (17 years), Pinellas County (4 years), the City of
Clearwater (8 years), Tampa Bay Water (10 years), Florida Governmental Utilities
4
Authority (7 years), City of Ormond Beach (4 years), City of South Daytona (7 years),
City of Daytona Beach (7 years), the City of Palm Coast (3 years) and the City of New
Smyrna Beach (3 years) and the Northwest Florida Water Management District (over
30 years).
As legislative counsel for these local government entities, the Firm has 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.
The Firm'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.
The Firm is unique with regard to these and many other issues addressed by the
Legislature in that the 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 circles 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, the Firm has very strong
working relationships with legislators from all different regions of the state.
The Firm 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. The Firm understands local government and City related issues very well and
can assist in the policy development as issues work their way through the legislative
process.
Additionally, a diverse client base affords the Firm the opportunity to work with
legislators and staff on most of the different committees. These points highlight the
breadth and degree of the Firm's relationships with the Legislature as a whole. This is
important as there are various levels of decision makers within the hierarchy of the
Legislature. These decision makers are from throughout the entire state and have
different committees and substantive areas of focus. Because of the Firm's substantial
political campaign involvement coupled with the depth and diversity of our legislative
leadership, the Pennington Firm is able to develop a strong working relationship with
every member of the leadership. The continued development and strengthening of
5
these relationships will assist the Firm in its continued efforts to enhance the City's
position with respect to legislation and its Legislative Agenda.
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.
The following list of references are representative of the Firm's ongoing relationships
with members of the Florida Legislature:
Senator Mike Haridopolos
1360 Sarno Road, Suite C
Melbourne, FL 32935
(321) 752-3131
Email: haridopolos.mike.web@flsenate.gov
Senator Jeff Atwater
824 US Highway 1, #210
North Palm Beach, FL 33408
(561) 625-5101
Email: atwater.jeff.web@ flsenate.gov
Senator Charlie Justice
Gateway Executive Center
8601 Fourth Street North, Suite 100
St. Petersburg, FL 33702
(727) 217-7970
Email: justice.charlie.web@flsenate.gov
Senator Mike Fasano
8217 Massachusetts Ave.
New Port Richey, FL 34653-3111
(727) 848-5885
Email: fasano.mike.web@flsenate.gov
Senator Dan Webster - Majority Leader
315 South Dillard Street
Winter Garden, FL 34787
(407) 656-0066
Email: webster.dan.web@flsenate.gov
6
Senator Lisa Carlton
2127 S. Tamiami Trail
Osprey, FL 34229-9695
(941) 486-2032
Email: carlton.lisa.web@flsenate.gov
Senator Dennis Jones
8940 Seminole Blvd.
Seminole, FL 33772
(727) 549-6411
Email: jones.dennis.web@flsenate.gov
Senator Arthenia Joyner
508 W. Dr. Martin Luther King, Jr. Boulevard, Suite C
Tampa, FL 33603-3415
(813) 233-4277
Email: joyner.arthenia.web@ flsenate.gov
Representative Adam Hasner - Majority Leader
33 NE 4th Avenue
Delray Beach, FL 33483-4528
(561) 279-1616
Email: adam.hasner@myfloridahouse.gov
Representative Marty Bowen - Speaker Pro Tem
353 Avenue "C" Southwest
Winter Haven, FL 33880-3262
(863) 298-4422
Email: marty.bowen@myfloridahouse.gov
Representative David Rivera
Suite 205, 2450 SW 137th Avenue
Miami, FL 33175-6312
(305) 227-7630
Email: david.rivera@myfloridahouse.gov
Representative Tom Anderson
2236 US Highway 19
Mount Vernon Professional Center
Holiday, FL 34691-4351
(727) 943-4760
Email: tom.anderson@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
4. Ongoing relationships with key members and legislative committee staff,
Executive Branch agency staff
The members of the Pennington Firm also have longstanding and ongoing relationships
with the staff of the Florida Legislature 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
allows us to keep our client issues at the forefront and inform staff of our client's
interests and positions. Legislative staff persons are aware that on any given day a
member of the Pennington Firm can walk across the street and meet them in their
offices within a few minutes.
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 the 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 these staff
persons give the Firm 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 the Firm are
frequently called upon by Legislative Committee staff and Executive Agency staff for our
legal expertise in various areas of Committee and Agency jurisdiction.
The following list of references are representative of the Firm's ongoing relationships
with key members and staff of legislative and executive branch:
David Coburn, Chief of Staff
Senate President's Office
409 The Capitol
404 South Monroe Street
Tallahassee, Florida 32399
(850) 487-5229
8
Eric Maclure, Staff Director
Senate Judiciary
515 Knott Building
404 S. Monroe Street
Tallahassee, Florida 32399-1100
(850) 487-5198
Patrick "Booter" Imhof, Staff Director
Senate Regulated Industries
330 Knott Building
404 S. Monroe Street
Tallahassee, Florida 32399
(850) 487-5957
Mat Bahl, Staff Director
House Office of the Majority Whip
323 The Capitol, 402 South Monroe Street
Tallahassee, Florida 32399
(850) 487-0536
Tom Hamby, Council Director
House Environment & Natural Resources Council
222 The Capitol
402 S. Monroe Street
Tallahassee, Florida 32399-1300
(850) 488-9238
Karen Camechis, Policy Chief
House Government Efficiency & Accountability Council
303 House Office Building
402 S. Monroe Street
Tallahassee, Florida 32399-1300
(850) 488-6853
Todd Reid, Staff Director
House Office of the Majority Leader
322 The Capitol, 402 South Monroe Street
Tallahassee, Florida 32399
(850) 488-1993
9
Christopher Kise
Counselor to the Governor
Governor's Office
The Capitol
Tallahassee, Florida 32399
(850) 487-0832
Holly Benson, Secretary
Department of Business & Professional Regulation
Northwood Centre
1940 North Monroe Street
Tallahassee, Florida 32399-0750
(850) 413-0755
Tim Cerio
Chief of Staff
Department of Health
4052 Bald Cypress Way
Tallahassee, Florida 32399
(850) 245-4444
Chanta Combs, Deputy Director
Policy and Budget
PL 05, The Capitol
400 South Monroe Street
Tallahassee, Florida 32399-0001
(850) 488-7810
Ben Diamond, Resource Management Administrator
Department of Financial Services
Plaza Level, The Capitol
Tallahassee, Florida 32399-0300
(850) 413-3100
Terry Rhodes, Assistant Commissioner/Chief of Staff
Department of Agriculture & Consumer Services
PL 10, The Capitol
400 South Monroe Street
Tallahassee, Florida 32399-0810
(850) 488-3022
10
Bill McCollum, Attorney General
Department of Legal Affairs
PL 01, The Capitol
400 South Monroe Street
Tallahassee, Florida 32399-1050
(850) 414-3990
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) 488-9401
Jeff Kottkamp, Lt. Governor
Executive Office of the Governor
PL05, The Capitol
400 South Monroe Street
Tallahassee, Florida 32399-0001
(850) 488-4711
5. Familiarity with State agencies and a record of successful working
relationship with these agencies
Because the Pennington Firm is located in Tallahassee, it is 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. The Pennington Firm maintains ongoing relationships with state
agencies and successful working relationships with these agencies. It is not an
exaggeration to state that, based on the Firm's longevity and notoriety in the
Tallahassee legal community, that one or more members of the Firm will have contacts
in and access to most every agency of state government.
The following are a few examples of these relationships with state agencies that may be
of importance to the City:
The Department of Community Affairs - As the newest addition to the Firm and to the
Clearwater team, Tom Lewis will be the lead team member in pursuing the state
process for approval of funding for a new Emergency Operations Center to be located in
11
Clearwater. As a former Secretary of the Department of Community Affairs, Tom will be
the lead contact with the agency and will be tasked with shepherding the project through
the internal approval process for obtaining state funding for the facility.
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. The Firm also works closely with the Office of Greenways and Trails.
The Florida Department of Transportation - Former DOT Secretary Tom Lewis will be a
key member of the Clearwater Team in communications with the agency as to funding
priorities and substantive 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 - Former Consumer Council
member Martha Edenfield frequently represents regulated entities before the Division of
Consumer Services in license application and renewal proceedings. The Firm works
closely with the Department of Legislative issues, including issues relating to
aquaculture and water resources.
The Department of Financial Services - With Pete Dunbar returning to the Firm from a
recent stint as the General Council to the DFS, the Firm maintains close ties to the
Department and to the staff within the Department. The Firm also maintains close ties to
the Office of Insurance Regulation and the Office of Financial Regulation.
The Department of Business and Professional Regulation - Marc Dunbar works closely
with the Department, particularly with Secretary Holly Benson. The Firm has an
excellent working relationship with the Boards and staff of the Agency through its
Tallahassee Administrative Law Practice.
The Governor and Cabinet -- Pete Dunbar, Martha Edenfield and other members of the
Firm 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.
12
B. History and Background
1. List and description of outcomes of public sector projects and initiatives
worked on in the past 5 years
Tampa Bay Water (formerly known as West Coast Regional Water Supply Authority)
(1994-Present)
The Pennington Firm provides executive branch and legislative representation for
Tampa Bay Water, the regional water supply authority in the Tampa Bay Area serving
over 2.4 million people. The Pennington Firm 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. The Firm worked
to secure funding in 2006 of $4 million and $500,000 in 2007 for the Downstream
Augmentation Project
The client contact for Tampa Bay Water is:
Mr. Rick Lotspeich, General Counsel
2575 Enterprise Road
Clearwater, Florida 33763-1102
(727) 796-2355 (office)
(727) 791-2390 (fax) fax
e-mail: RLotspeich(a7tampabaMater.org
Pinellas County (2002-Present)
Since 2002, the Firm 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
matters.
The Firm was successful in increasing Medicaid dollars available for health care in
Pinellas County. The Firm also successfully defeated an effort to increase Pinellas
County's contribution for nursing home beds under the Medicaid program. The Firm
successfully defeated annexation legislation which would have impacted Pinellas
County and worked to resolve Article V implementation issues unique to Pinellas
County, including the drafting and passage of legislation solving a Pinellas specific court
employee benefits issue which resulted from the implementation of Article V.
The Firm continues to work on funding provisions for affordable housing programs at
both the State and Local level. These programs, SHIP, SAIL, HOME, HOPE and other
affordable housing programs are monitored for both level of funding and for any
programmatic changes as well.
13
The Firm 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. The Firm participates in the Large
County Coalition on behalf of Pinellas.
The client contact for Pinellas County is:
Elithia Stanfield
County Administrators Office
315 Court Street
Clearwater, Florida 33756
(727) 464-3485 (office)
(727) 464-4384 (fax)
email: estanfie@co.pinellas.fl.us
Volusia County (1989-Present)
The Firm has represented Volusia County for over 15 years and has worked on a wide
range of funding and substantive issues for the County. For several years, the Firm has
successfully fought to preserve Volusia's Countywide EMT service which was attacked
by the Cities and the fire unions. Over the years, the Firm has dealt with most every
local government issue for Volusia County and secured tens of millions of dollars for
local projects.
The client contact for Volusia County is:
Ms. Dona DeMarsh, Government Relations Manager
Volusia County
123 West Indiana Avenue
Deland, FL 32720
(386) 736-5920 office
(386) 822-5707 fax
e-mail: ddemarsh@co.volusia.fl.us
Florida Statutory Teaching Hospital Council (1993-2007)
The Firm provides legislative representation to the Florida Statutory Teaching Hospital
Council on graduate medical education and Medicaid reimbursement issues for primary
care, trauma care, indigent care, and graduate medical education. The Firm also works
on other more general hospital issues, including certificate of need and medical
malpractice issues.
The Firm has represented the teaching hospitals since 1993. In this role, the Firm has
successfully secured funding for the teaching hospitals for graduate medical education,
trauma care, primary care and indigent care.
14
The client contact for the Teaching Hospital Council of Florida is:
Tony Carvalho, President
Teaching Hospital Council of Florida, Inc.
101 North Gadsden Street
Tallahassee, Florida 32301
(850) 201-2096
2. Experience with Local Governments in the last 5 years
Although our achievements go much deeper, below is a representative list of public
sector appropriations accomplishments by the Pennington Law Firm which survived the
Governor's line item veto during the last five years - since 2002.
ACT Corporation:
2004
Suicide Prevention ........................................ ............ $450,000.00
Coastal Conservation Association
2006
Artificial Fishing Reef Construction ................................................................$950,000.00
City of Daytona Beach:
2005
Bay Street Stormwater Improvements ........................................................... $500,000.00
2004
B-3 Pond Stormwater Project (SJRWMD) .................................................... $576,000.00
2003
Historic Pier (FCT Grant) ............................................................................$3,000,000.00
Florida Alliance of Boys & Girls Clubs:
1999-2006
Mentoring Programs ......................................................................................$18.3 million
Gateway Community Services:
2006
1-800-Wait Not ..............................................................................................$400,000.00
Gulf Coast Jewish Healthcare:
2002-2003
Noncustodial Parent Program ..................................................annually approx. $750,000
Miami-Dade County.
2005
15
Facilitated a commitment of hundreds of millions of dollars by the Florida Department of
Transportation to help fund Miami-Dade's Metro Rail projects upon receipt of a New
Starts rating of "Recommended" from Federal Transit Administration.
2004
Obtained a $450,000 grant extension from the Office of Tourism Trade and Economic
Development regarding a land swap with Miami-Dade Public Schools in a matter of
days in order to avoid imminent lapse of the grant.
Secured the final $1 million from the Department of Community Affairs for Hurricane
Andrew Disaster Relief Funds owed the County for many years.
Reduced the cut in the Transportation Disadvantaged funds to be provided to Miami-
Dade County by $5 million through direct work with Secretary Levine.
2003
Actively negotiated all Article V issues with key leadership on behalf of the County.
Defeated the Surety Bond bill which would have cost the County millions of dollars.
Secured over $1 million for FTAA at the request of the County.
City of New Smyrna Beach:
2006
Esther Street Property Acquisition .................................................................$100,000.00
2005
Julia Street Stormwater ..................................................................................$200,000.00
2004 Special Session
Dune Restoration ........................................................................................$3,780,000.00
City of Ormond Beach:
2005
North Peninsula Wastewater (SJRWMD) ......................................................$500,000.00
2004
North Peninsula Wastewater (SJRWMD) ......................................................$500,000.00
2002
Ormond Interchange ......................................................................................$150,000.00
Enhancement of US1 Corr .............................................................................$200,000.00
Assisted with the state purchase of an historic preservation site (Three Chimneys) and
the lease of the same back to the City.
16
City of Palm Coast:
2006
Restored FDOT funding to 5 year plan
2005
Facilitated the acceleration of two FDOT projects by 2 years each.
2004
Facilitated acceleration of an FDOT project in the 5 year plan by one year.
Pinellas County:
2005
North Pinellas Reclaimed Water Pump Station Rehabilitation .......................$350,000.00
Tampa Bay Water ..............................................................................................$ 4 Million
(Tamp Bay Regional Reclaimed Water and Downstream Augmentation Project)
2004
Full funding of Medically Needy Program; Full funding of Medicaid Transportation for
Non-Emergency Patients; and changes to poverty level standards for pregnant
Medicaid patients. Full FRDAP funding of thirteen Pinellas County parks.
2002
Sandy Key Beach Renourishment ................................................................. $400,000.00
Upham Beach Renourishment ........................................................................$ 1.3 million
Bridges ............................................................................................................$ 5.2 million
Pinellas County Drug Court ...........................................................................$200,000.00
City of South Daytona:
2006
Palm Grove Stormwater .................................................................................$100,000.00
2005
Palm Grove Stormwater .................................................................................$200,000.00
2004
Nova/Read Canal Stormwater ....................................................................... $200,000.00
2003
Big Tree Stormwater (SJRWMD Grant) .........................................................$500,000.00
Statutory Teaching Hospitals:
Graduate Medical Education and Indigent Care
2006 ........................................................................................................ $320,000,000.00
2005 ........................................................................................................ $350,000,000.00
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2004 ........................................................................................................ $293,000,000.00
2003 ........................................................................................................ $265,000,000.00
2002 ........................................................................................................ $250,000,000.00
Poison Information Network
2006 ........................................................................................................... $4,795,564.00
2005 ............................................................................................................ $3,795,564.00
2004 ............................................................................................................ $3,795,564.00
2003 ............................................................................................................ $3,795,564.00
2002 ............................................................................................................ $3,795,564.00
Trauma Centers
2006 .......................................................................................................approx. $5 million
2005 ..................................................... new funding source, and estimated at $29 million
2002-2004 ............................................................................... approx. $5 million annually
Stewart Marchman:
2002-2006
Treatment Programs ...........................................................................approx. $1.2 million
2005
Facility Renovations .......................................................................................$258,000.00
University of South Florida:
2002
Urban adjustment for FTE funding .................................................................. $2.8 million
Polk Campus seed money ...................................................................................$2 million
PECO allocation oversight .............................................................................$48.5 million
USF/ST. Pete land acquisition, renovation, new construction ......................... $1.5 million
Sarasota planning and office building ...........................................................$1.425million
USF/UCF 1-4 Corridor/High Tech Research ........................................................$5 million
Medical Center (including $400,000 USF family practice center) .................$46.2 million
USF Family Practice Center ..........................................................................$400,000.00
Volusia County:
2006
Spring Hill Community Infrastructure .............................................................$300,000.00
Stone Island Central Sewer ........................................................................... $100,000.00
Health Department ...................................................................................... $1,737,500.00
2005
North Peninsula Wastewater Project (SJRWMD) ..........................................$500,000.00
Spring Hill Waste & Stormwater .....................................................................$187,500.00
Stone Island Wastewater ...............................................................................$582,975.00
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2004 Special Session
Dune Restoration ........................................................................................ $2,220,000.00
2004
Spring Hill Project ..........................................................................................$250,000.00
2002
Daytona Area Trans. Solution ............................................................................$ 4 million
1-4 Frontage ....................................................................................................... $ 1.36 mil
Off Beach Parking ......................................................................................... $500,000.00
Walton County
2002
Choctawhatchee Bay Wastewater Improvements ...........................................$1.5 million
3. List of Clients for Whom Similar Services Provided
The following is a list of local government and public sector clients for whom similar
services are provided. A complete list of the Firms lobbying clients in included in this
response. While the Firm represents numerous governmental entities and private
concerns, each of these representations vary in scope and complexity. By utilizing a
team approach to lobbying, the Firm ensures that all client projects receive the requisite
time, resources and management attention.
Currently, the Firm represents the following local government entities for the specified
number of years: Volusia County (17 years), Pinellas County (4 years), the City of
Clearwater (8 years), Tampa Bay Water (10 years), Florida Governmental Utilities
Authority (7 years), City of Ormond Beach (4 years), City of South Daytona (7 years),
City of Daytona Beach (7 years), the City of Palm Coast (3 years) and the City of New
Smyrna Beach (3 years) and the Northwest Florida Water Management District (over
30 years).
In the past, members of the Firm have represented the following local government
entities for the specified number of 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), 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).
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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.
The Firm has been a key player in crafting and supporting legislation to solve specific
problems and issues raised by the City and which has proven to be beneficial to
Clearwater and other municipalities including:
Brownfield Redevelopment: The Firm 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.
The Firm 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 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 such projects over 30 years.
Submerged Lands Local bill: The Firm 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.
Pinellas County Tourist Development Council membership: The Firm 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: The Firm 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.
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Success is measured not only in the issues which have gained legislative passage, but
often in those measures which did not pass. The Firm has worked successfully on
behalf of the City 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.
Examples of other quantifiable successes 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-Wolfe Preserve ................................. ................................$ 140,000
Softball Complex (FRDAP) ............................................ ................................ $ 200,000
Clearwater East/West Trail (FRDAP) ............................. ................................ $ 150,000
Aquatic Center (FRDAP) ................................................ ................................$ 200,000
5) List of Team Members Providing Services and Experience with Local
Government
Each and every one of the Firm's 45 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, the Firm has a staff
of 2 law clerks, 3 paralegals, 20 administrative assistants and 6 runners which function
as a team to perform services on behalf of the client.
As members of the Florida Bar, the members of the Firm are held to the Florida Bar's
ethical and legal standards, including client confidentiality and malpractice standards,
and Firm members 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.
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There are 12 lawyers and consultants who will concentrate on governmental, legislative
and regulatory representation of the City. The following are brief resumes of these
professionals:
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 the Firm since 1991 and is the
current Firm President and 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 1999. 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.
Samuel P. Bell III served seven terms in the Florida House representing Volusia and
Flagler Counties and was Majority Leader, Rules Chairman, Commerce Committee
Chairman and Appropriations Chairman. He was the Managing Partner of Cobb, Cole
& Bell in Daytona Beach and a member of that firm from 1954 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 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 is currently serving as a Director in the Firm. Sam has received an AV rating from
the Martindale-Hubbell Law Directory.
R.Z. "Sandy" Safley served ten years in the Florida House of Representatives
representing Pinellas and Hillsborough counties. His government service includes
Executive Assistant to the Lieutenant Governor and Vice-Chairman of the Florida
Marine Fisheries Commission. Sandy is a member of the board of directors of the
Federal Alliance for Safe Homes (FLASH) and the chairman of the board of Babcock
Ranch, Inc. Since joining the firm in 1999, he has served as a special consultant in the
Governmental Affairs Section of the Firm and specializes in cabinet and executive
department affairs. He also serves as Chair of the Firm's Insurance Regulatory Practice
Group.
Tom E. Lewis, Jr. joined the firm in January 2007 and is currently completing his law
degree at the Florida State University College of Law. Tom is the a former Secretary of
the Florida Department of Community Affairs, a former Secretary of the Florida
Department of Transportation and the Department of Management Services.
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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 is
Secretary 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.
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 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. Martha has represented public sector and private sector
clients before the Florida Legislature since 1986 and before Executive Agencies,
including the Florida Governor and Cabinet since 1984. She joined the Pennington
Firm in 1996 and has received an AV rating from the Martindale-Hubbell Law Directory.
Martha has recently been recognized as one of Florida's "Legal Elite" by Florida Trend
Magazine. She has represented the City of Clearwater since 1999 and Pinellas County
since 2002.
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 the firm in 1997, his area of practice now concentrates
on administrative and governmental law.
Mark K. Delegal practices administrative, regulatory, and governmental/ legislative law,
providing representation to businesses, local governments, insurers and health care
providers, including hospitals and health care systems. On behalf of local governments,
Mark has developed a substantial knowledge base in Medicaid, building code, county
administration, and appropriations issues. Mark is the former General Counsel and
Plan Manager for the Florida HMO guaranty fund, known as the Florida HMO Consumer
Assistance Plan.
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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.
Howard "Gene" Adams has been in the Florida legislative process for 27 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.
J. Steven Roddenberry 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
administrative and legislative practice.
Meredith Woodrum Snowden joined the Firm in January 2002, after serving as
Legislative Analyst to the Committee on Insurance of the Florida House of
Representatives. As part of her 10 year tenure with the Florida House of
Representatives, Meredith also served as staff to the Committee on Financial Services,
Committee on Utilities and Communications, Committee on Judiciary, and the Clerk's
Office. Meredith has an extensive background in all aspects of the legislative process
and insurance regulatory matters.
6. List of Clients for 2006/07
Names of Clients
ACT Corporation
AMEX Assurance Company
Ark Royal Holdings, LLC
AXIS Insurance Company
Behavior Analyst Certification Board
B.J. Alan Companies
Brown & Brown Public Entity Services
Avis Budget Group
City of Clearwater
City of Daytona Beach
City of New Smyrna Beach
City of Ormond Beach
City of Palm Coast
City of South Daytona
Name of Agencies
Legislative & Executive Branch
Executive Branch
Executive Branch
Executive Branch
Legislative & Executive Branch
Legislative & Executive Branch
Legislative & Executive Branch
Legislative & Executive Branch
Legislative & Executive Branch
Legislative & Executive Branch
Legislative & Executive Branch
Legislative & Executive Branch
Legislative & Executive Branch
Legislative & Executive Branch
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Coastal Conservation Association Florida Legislative & Executive Branch
Coca-Cola Enterprises Legislative & Executive Branch
Community Advocacy Network Legislative & Executive Branch
Conference of Circuit Judges of Florida Legislative & Executive Branch
Coral Springs Improvement District Legislative & Executive Branch
Doctors Company, The Executive Branch
FOCI Insurance Group Legislative & Executive Branch
FirstService Financial, Inc. Executive Branch
First Floridian Auto & Home Insurance Company Legislative & Executive Branch
First Professional's Insurance Company Legislative & Executive Branch
First Protective Insurance Company Executive Branch
Florida Association of Realtors Legislative & Executive Branch
Florida Children's Services Council, Inc. Legislative & Executive Branch
Florida Feed Association Legislative Branch
Florida Governmental Utility Authority Legislative Branch
Florida Justice Reform Institute Legislative & Executive Branch
Florida Outdoor Advertising Association Legislative & Executive Branch
Florida Physical Therapy Association Legislative & Executive Branch
Florida Portable Building Manufacturers Association Legislative & Executive Branch
Florida Power & Light Company Legislative & Executive Branch
Florida Recreational Vehicle Trade Association Legislative & Executive Branch
Florida Retail Federation Legislative & Executive Branch
Florida Sheriff's Self Insurance Fund Legislative & Executive Branch
Florida Statutory Teaching Hospital Council Legislative & Executive Branch
Florida Surplus Lines Service Office Legislative & Executive Branch
Florida Voters Coalition Legislative & Executive Branch
Funeral Services, Inc. Legislative & Executive Branch
Gateway Community Services, Inc. Legislative & Executive Branch
Globe Life and Accident Insurance Company Legislative & Executive Branch
Golden Rule Insurance Company Legislative & Executive Branch
Gulfstream Park Racing Association, Inc. Legislative & Executive Branch
Insurance Services Offices, Inc. Legislative Branch
Lost Tree Village Property Owners' Association Legislative & Executive Branch
MAG Mutual Insurance Company Legislative & Executive Branch
MAGNA Entertainment Corp. Legislative & Executive Branch
McDonald's Corporation Legislative & Executive Branch
Medco Health Solutions, Inc. Legislative & Executive Branch
Mutual of Omaha Executive Branch
National Association of Industrial & Office Properties Legislative & Executive Branch
New York Life Insurance Company Legislative & Executive Branch
North Springs Improvement District Legislative & Executive Branch
Old Republic National Title Insurance Company Legislative & Executive Branch
Parkway Maintenance & Management Company Legislative Branch
Pinellas County Board of County Commissioners Legislative & Executive Branch
Preferred Governmental Insurance Trust Legislative & Executive Branch
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ProAssurance Corporation Legislative & Executive Branch
Professional Staffing-A.B.T.S., Inc. Legislative & Executive Branch
Progressive Insurance Company Legislative & Executive Branch
ProNational Insurance Company Legislative & Executive Branch
Public Risk Underwriters Legislative & Executive Branch
Ranchers and Farmers Insurance Company Executive Branch
Real Property, Probate & Trust Law Section Legislative & Executive Branch
Safety Net Hospital Alliance of Florida Legislative & Executive Branch
Schering Corporation Legislative & Executive Branch
Seals Adjusting Company Executive Branch
State Farm Mutual Automobile Insurance Companies Legislative & Executive Branch
Stewart-Marchman Center Legislative & Executive Branch
Tampa Bay Water Legislative & Executive Branch
Time Warner Telecom Legislative & Executive Branch
United Services Automobile Association Legislative Branch
Universal Property and Casualty Insurance Company Legislative & Executive Branch
Volusia County Legislative & Executive Branch
Westcor Land Title Insurance Company Legislative & Executive Branch
Willis Re, Inc. Legislative & Executive Branch
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
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
its needs and interests. The Firm's 12 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 the Firm was established in 1993, the
founding members of the Firm have been practicing together as a Tallahassee law firm
since 1972. The Firm provides its clients legal expertise and extensive experience in
the areas of litigation; legislative and governmental affairs; business and corporate, land
use, environmental, local government, and administrative law; banking; 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.
26
The Firm practices statewide, representing public and private entities with diverse
interests in Florida and throughout the United States and Canada. The Firm practices
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, the Firm opened its 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)
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
The Firm offers 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 the Firm 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. The Firm covers all Interim Committee
weeks and, of course, any Special Session. The Pennington Firm meets weekly to
schedule coverage of issues and interim committee meetings.
27
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 Firm meets together at least weekly during the session, and Firm members
from the various teams meet at least daily. All Firm members are familiar with all client
issues so that they are able to share pertinent information with the appropriate team
leaders. A Firm 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.
Key to effective representation will be the establishment of clear lines of communication
between the client and the Firm. During the legislative session, the Pennington Firm will
be available 24-hours a day, 7 days a week to respond to any calls or pages from the
City Commission or designated City staff. The Pennington Firm is result oriented and
will devote the hours as necessary to achieve the legislative goals of the City. The Firm
also will meet with the City lobbying team on a weekly basis to share information,
provide updates and progress reports, discuss strategy and goals, and assign
coverages. The Pennington Firm will meet daily during session for the same purposes.
This approach ensures that no client priority is overlooked.
To facilitate immediate contact when necessary, the Firm will provide the City with a list
of the cellular and office telephone numbers, pager numbers, e-mail addresses, and
other key contact information. While the Legislature is not in session, the Firm will
report via conference call or written updates to the appropriate City officials on a
monthly basis to share information, provide updates and progress reports, discuss
strategy and goals, and assign coverages.
All 12 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, the Firm gives each client 100% coverage for its
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. The Firm effectively uses its depth of professional talent to ensure
that nothing "falls through the cracks."
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. The Firm's offices
are literally a few hundred feet from the Capitol building, allowing the Firm to respond to
emergency issues on behalf of the City, whether the issue arises during session or in
the interim, quickly and efficiently.
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The Pennington Firm maintains excellent legal and administrative resources bolstering
the Firm's ability to draft complicated pieces of legislation. The Pennington Firm prides
itself on its lawyers and former legislative staff members who, have drafted some of the
most complex legislation considered in recent decades.
The Firm is equipped to handle any client legislative research request. 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.
The Firm subscribes to the LobbyTools legislative tracking system. This system allows
the Firm to set up accounts for each client and track electronically the movement of
legislation through the process. Further, the system can be programmed to e-mail or
page the Firm's lobbyists anytime important legislation is acted upon. The system
provides the Firm 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 the Firm of such activity. The Firm is prepared to obtain documentation
and research materials and deliver materials at the request of the City.
While the Firm represents numerous governmental entities and private concerns, each
of these representations vary in their scope and complexity. By utilizing a team
approach to lobbying, the Firm ensures that 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
The Firm employs a multi-tiered approach to its organization and management of the
issues of a particular client. The Firm leader(s) then will evaluate the client's issues and
assign a team of lobbyists. Issues are broken down by subject matter, and in assigning
the lobby team, the Firm leader(s) 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 Firm meets together at least weekly during the session, and Firm members
from the various teams meet at least daily. All Firm members are familiar with all client
issues so that they are able to share pertinent information with the appropriate team
leaders. A Firm 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.
29
The Pennington Firm'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. The
Firm is 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 the Firm
is available to attend and appear before committee meetings on behalf of the City as
assigned. The Firm 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, the Firm 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. The Firm will provide information and counsel on
the timing, key points and subject matter to be discussed at these meetings. The Firm
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. The
Pennington Firm will coordinate with the City staff and any and all Firm members, as
needed.
Firm 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, Marc Dunbar, Martha Edenfield and Tom Lewis. However, the Firm will engage
its entire governmental affairs section for the City as needed. These additional
members are Sam Bell, R.Z. "Sandy" Safley, Doug Bell, Mark Delegal, Kevin Crowley,
Gene Adams, Meredith Snowden and Steve Roddenberry.
With over 175 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, the
Pennington Firm has a broad range of experience and expertise. The Pennington Firm
recognizes the value of coordination with other stakeholders such as the Florida League
of Cities, to create a team of representatives for client needs. 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, including creating programs and
drafting legislation to implement the legislative goals of the City.
30
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
The Firm 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. The Firm will work
with City Department heads and staff to spearhead efforts to seek demonstration grant
opportunities for funding the City's priorities. The Firm also will work closely to assist
the City in obtaining state permits and grants as well as helping to identify grant
opportunities.
The Firm 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, the
Pennington Law Firm 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,
the Firm 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. The Firm
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.
As another example of the Firm's creative initiative, the Firm 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. In 2002, the Firm assisted the City of Daytona Beach in its application for funding
before the Florida Communities Trust Board and was 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.
31
The Firm works closely and enjoys strong ties developed over several decades with the
FLC Government Affairs and Legal Team, including Mike Sittig, Chip Morrison, John
Thomas, Rebecca O'Hara, Kraig Conn, John Wayne Smith and Scott Dudley. 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, affordable housing, working
waterfronts, solid waste franchising, cell tower site issues, Hometown Democracy and
water resource development. The Firm 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 League for opposition or support relating to agency rules
or regulations affecting cities.
The Firm has participated in legislative candidate receptions hosted by the FLC to meet
future State Legislature candidates coming out of city government.
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.
For virtually any issue that arises, at least one member of the Firm has worked on a
related issue. It is not at all unusual for members of the Firm to have authored or
previously sponsored particular legislative programs which may be an issue in any
given legislative session.
The Firm 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, the
Firm 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
the Firm 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.
The Firm 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.
32
The Firm 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. The Firm reviews and tracks each Interim Project
and will report to the City any developments of interest. It is worth noting that the list of
2007-2008 Interim Projects includes A Report on the Local Option Tourist Development
Taxes, An Examination of Florida's Policies for Allocation of Transportation Revenues,
Review of the Florida Front Porch Initiative, Overview of Local Government Pension
Plans and Transparency in Local Government Revenues and Expenditures, to name a
few.
In assisting to develop and review the City's 2008 legislative agenda, the Firm 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 the Firm are available, willing and able to travel to Clearwater as
directed and as deemed necessary to provide the services as contemplated by the City.
The firm 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
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, the
Firm 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. The Firm 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 the Firm 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
33
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, the Firm will forward all required reports to the
appropriate county staff and officials in the number of copies as requested by the City.
The Firm will appear before and present an annual post-session report outlining the final
status of the issues of interest to the City.
2. Resumes and detailed qualification information on the key personnel who
will be assigned to this project
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.
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 the Firm in January of 1998. He
34
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
concentrates on administrative, elections and governmental law with an emphasis on
lobbying the legislature and the executive branch.
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 "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.
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
35
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 the last 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 currently serves on the Board of the Ronald McDonald
House of Tallahassee. 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.
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
36
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.
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
37
Administration, the Department of Health, Office of Insurance Regulation and
Department of Financial Services.
SPECIAL CONSULTANTS
TOM E. LEWIS, Jr. Mr. Lewis joined the Pennington firm in early 2007. His focus is on
Land Use, Governmental Affairs, Real Estate, Growth Management, and Construction.
Mr. Lewis graduated from Georgia Tech where he received Bachelor of Science and
Bachelor of Architecture degrees and a Masters of Architecture degree. He has been a
Registered Architect for almost 40 years. In 1987, he was elected to the College of
Fellows of the American Institute of Architect, the highest honor bestowed by its
membership.
Prior to joining the firm, Mr. Lewis served as Secretary of the Department of
Management Services for former Florida Governor Jeb Bush. As Secretary, Mr. Lewis
was responsible for directing the provision of statewide services to state and other
government agencies and employees. He is a former Vice President of Development for
The Walt Disney World Co. Mr. Lewis's career with Disney began in 1987 as Director of
Residential Development and Vice President of Community Development for Disney
Development Company, later Walt Disney Imagineering. He was a key member of the
Disney senior executive team overseeing planning and development of Disney's new
Town of Celebration. In this role he was responsible for the early market research,
business plan development, master planning and design, and entitlements strategy for
Celebration. He also served as Chairman of the Celebration Community Development
District. In addition, he also managed Walt Disney Imagineering's government and
community relations activities. Prior to his work at Disney, Mr. Lewis served in former
Florida Governor Bob Graham's administration as a Special Assistant, coordinating the
Governor's Florida Cabinet agenda on capital construction and land use/development
issues. He then served three years as Assistant Secretary of the Florida Department of
Transportation, where he was responsible for the day-to-day operation of the Florida
DOT. He completed his service in the Graham administration as Secretary of the Florida
Department of Community Affairs where he was instrumental in passage of Florida's
historic growth management laws in the mid 1980s. Mr. Lewis served 11 years on active
duty as an Air Force architect and manager. He was also a member of the Air Force
Design Advisory Council. After leaving the Air Force, he entered private practice,
establishing his own firm which became one of Central Florida's leading architectural-
planning firms, designing both public and private buildings for commercial, residential
and institutional uses.
He is currently in his last year of Law School in the College of Law of Florida State
University.
38
J. STEVEN RODDENBERRY. Mr. Roddenberry is a 1983 graduate of The Florida
State University (B.S. in Business Administration). From 1983 until 2003, Mr.
Roddenberry worked in various capacities with the State of Florida in the Department of
Banking and Finance and the Department of Insurance (Office of Insurance Regulation).
From 1983 through the mid 1990s, his work in the Department of Banking and Finance
as a financial examiner, financial specialist and then as financial administrator led him to
his expertise in many areas of banking and finance. His work within the Division of
Banking began as bank examiner and worked up to his position as Financial
Administrator where he supervised professional financial institution examiners and
financial review specialists; reviewed financial institution examination reports; and
developed/administered corrective action plans where appropriate. In 1994, Mr.
Roddenberry was appointed Receivership Manager in the Department of Insurance's
Division of Rehabilitation and Liquidation. As the court-appointed Deputy Receiver, Mr.
Roddenberry supervised the rehabilitation or liquidation of struggling or failed insurance
companies and self-insurance funds. In 1997, Mr. Roddenberry was hired as the Chief
of the Bureau of Property and Casualty Forms and Rates in the Division of Insurer
Services of the Department of Insurance. In this position, Mr. Roddenberry supervised
eight property and casualty rating actuaries and their respective staffs as well as the
policy and contract review analysts. Beginning in 2000, in his capacity as Deputy
Director of the Division of Insurer Services, he oversaw the Department's three solvency
bureaus. The responsibilities of this position included the review of examinations
produced by the bureaus and the development of means to resolve concerns identified
in those examinations. Likewise, applications for authority to write all lines of insurance
in Florida were within the purview of Mr. Roddenberry's duties. More recently, as
Deputy Commissioner of the Office of Insurance Regulation, his responsibilities
included oversight of the two rating bureaus (Property and Casualty and Life and
Health). In this position, Mr. Roddenberry was intensely involved in resolving significant
rate and form filings submitted by insurers. Finally, over the course of the last few years
with the Office of Insurance Regulation, Mr. Roddenberry developed a particular level of
expertise in the areas of mold, credit scoring and medical malpractice. He joined the
Firm in December of 2003 as a Special Consultant.
R.Z. "SANDY" SAFLEY. Mr. Safley joined Pennington, Moore, Wilkinson, Bell &
Dunbar as a consultant in December of 1999. Prior to joining the Firm, Mr. Safley
served as Executive Assistant to Florida's Lieutenant Governor, as a member of the
Pinellas County Sports Authority, and as a member and Vice Chairman of the Florida
Marine Fisheries Commission. Mr. Safley was elected to the Florida House of
Representatives in 1988 representing parts of Pinellas, Hillsborough and Pasco
counties. He served for five terms before retiring and returning to the private sector.
His legislative committee assignments included Financial Services (Insurance, Banking
and Securities), where he served as Chairman, Rules, Resolution & Ethics; Water &
Resource Management; Commerce; Public Utilities; Natural Resources; Education; and
Finance and Taxation, and he served on the Economic Impact Council of the House
and as Policy Chair of the House Republican Conference. Mr. Safley served on the
Board of Directors for Enterprise Florida's Capital Development Board from 1996-1998
39
and currently serves on the Board of Directors of the Coastal Conservation Association
of Florida and the Homeowners' Incentive Team that provides mitigation incentives for
property casualty insurance. Currently, Mr. Safley serves on the Board of Directors of
the Federal Alliance of Safe Homes (FLASH) and a chairman of the board of Babcock
Ranch, Inc. Mr. Safley represents clients before the executive and legislative branches
and the Cabinet regarding issues such as workers' compensation, property and
casualty insurance, and reinsurance.
MEREDITH WOODRUM SNOWDEN. Ms. Snowden joined Pennington, Moore,
Wilkinson, Bell & Dunbar as a consultant in January of 2002. She is a graduate of
Randolph-Macon Woman's College, Lynchburg, Virginia (B.A., English, 1989, minor in
Communication). Prior to joining the Pennington, Moore, Wilkinson, Bell & Dunbar
Firm, Ms. Snowden was a Legislative Research Assistant with the Committee on
Utilities and Communications of the Florida House of Representatives. She
subsequently held a position as Legislative Research Specialist with the Committee on
Financial Services, where she researched and analyzed legislation. While with the
Committee on Financial Services, Ms. Snowden co-authored "Mitigation: Reducing the
Cost of Hurricanes in Florida." Most recently she held the position of Legislative Analyst
with the Committee on Insurance of the Florida House of Representatives, where she
researched and analyzed insurance legislation and functioned as a technical expert to
legislators and the public on new and ongoing issues affecting the insurance industry.
She co-authored "Licensure of Insurance Producers: The Gramm-Leach-Bliley Act, the
NAIC Producer Licensing Model Act, and Florida Law." Ms. Snowden brings many
years of experience with insurance industry legislation to the Firm and concentrates her
efforts on behalf of our legislative and governmental clientele, as well as insurance
regulatory matters.
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, the Firm and
its members are governed by the Rules of Ethics of the Florida Bar, including those as
to identifying conflicts of interests. The Firm keeps current in its registration for lobbying
requirements, as well as any reporting requirements lobbying fees. The Firm is rated
the highest rating of AV by Martindale-Hubbell, the professional rating system for law
firms.
The Pennington Firm is a member of Meritas - a worldwide alliance of nearly 200
independent business law firms to ensure that our clients have access to exceptional
legal service anywhere in the world. Meritas subjects its members to a rigorous
selection and ongoing monitoring process to ensure the highest standards of quality.
40
The Pennington Firm also 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. 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 Florida Association of Women Lawyers
The Tallahassee Women Lawyers Association
The Tallahassee Bar Association
The Capitol Women's Network
CREW (Commercial Real Estate Women)
The Clearwater Bar Association
The Hillsborough Bar Association
Leadership Florida
Leadership Tallahassee
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. The Firm proposes a
flat fee for legislative services for each legislative cycle. Special projects not
41
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 the Firm is 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, the Firm
proposes that the fee for independent counsel as to the conflict issue be subtracted
from the lobbying service contract fee amount.
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.
42
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. Lobbvina before the Leaislature: 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 members 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. Lobbvina 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-Lobbvina 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 ~ day of August, 2007.
PENNINGTON, MOORE, WILKINSON,
BELL & DUNBAR, P.A.
CITY OF CLEARWATER
~lk, ~
Peter M. Dunbar
Cy hia-E. c36udeau, CMC
City Clerk/Legislative Liaison