Item U10 I�`�
County of Monroe
�y,4 ' '�, "tr, BOARD OF COUNTY COMMISSIONERS
County �a� Mayor Heather Carruthers,District 3
�1 `_ll Mayor Pro Tem Michelle Coldiron,District 2
The Florida.Keys ��` �)-.�ff`� � Craig Cates,District 1
David Rice,District 4
w � Sylvia J.Murphy,District 5
County Commission Meeting
October 213, 2020
Agenda Item Summary #7490
BULK ITEM: No DEPARTMENT: County Attorney's Office
TIME APPROXIMATE: STAFF CONTACT: Bob Shillinger(305) 292-3470
n/a
AGENDA ITEM WORDING: Approval of an Interlocal Agreement with the Florida Keys
Aqueduct Authority (FKAA) to formalize the agreement for the County to reimburse the FKAA for
fifty percent (50%) of the legal bills from Lewis Longman Walker P.A. incurred in DOAH Case
number 20-2967 and 20-2968.
ITEM BACKGROUND: The Board has agreed to reimburse the FKAA for half of the legal fees
paid by the FKAA to outside counsel Lewis Longman Walker, P.A. for work done on the
administrative permit challenge to the Florida Department of Environmental Protection ("FDEP")
Notice of Intent to issue a National Pollution Discharge Elimination System ("NPDES")permit
renewal and Industrial Wastewater Permit(DEP File No. FL0001562-012-IW1N)to Florida Power
and Light Company ("FP&L")related to the operation of the cooling canals for the Turkey Point
Nuclear Power Plant. The Board has previously approved this arrangement but that arrangement
was not reflected in the minutes so the FKAA has requested this ILA.
PREVIOUS RELEVANT BOCC ACTION: 6/4/20, the BOCC authorized the County to
intervene in the FKAA's permit challenge and agreed to pay 50% of the legal fees. 7/15/2020, the
BOCC approved an outside counsel agreement with Lewis Longman and Walker, P.A. under which
the firm bills the FKAA for its work on behalf of both entities.
CONTRACT/AGREEMENT CHANGES:
n/a
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
ILA with FKAA re Lewis Longman bills
FINANCIAL IMPACT:
Effective Date: Immediately
Expiration Date: TBD
Total Dollar Value of Contract: TBD
Total Cost to County:
Current Year Portion:
Budgeted:
Source of Funds: Ad valorem
CPI:
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: If yes, amount:
Grant:
County Match:
Insurance Required:
Additional Details:
n/a
10/21/20 001-00101 BOCC ADMINISTRATIVE $0.00
TBD
REVIEWED BY:
Bob Shillinger Completed 10/19/2020 10:49 AM
Abra Campo Completed 10/19/2020 3:36 PM
Bob Shillinger Completed 10/19/2020 3:50 PM
Purchasing Completed 10/19/2020 3:50 PM
Budget and Finance Completed 10/19/2020 4:35 PM
Maria Slavik Skipped 10/19/2020 10:48 AM
Liz Yongue Completed 10/19/2020 4:47 PM
Board of County Commissioners Pending 10/21/2020 9:00 AM
JOINT LEGAL REPRESENTATION WITH FKAA
Re: DIVISION OF ADMINISTRATIVE HEARINGS CASES 20-2967 AND 20-2968
INTERLOCAL AGREEMENT
THIS AGREEMENT is made and entered into by and between MONROE COUNTY, a political
subdivision of the State of Florida, whose address is: 1100 Simonton Street, Key West, FL 33040,
("County"), and the FLORIDA KEYS AQUEDUCT AUTHORITY ("FKAA"), whose address is: 1010
Kennedy Drive, Suite 303,Key West, Florida 33040.
WHEREAS, in an effort to protect the potable water supply of the Florida Keys from
contamination, FKAA filed an administrative challenge to the Florida Department of Environmental
Protection ("FDEP") Notice of Intent to issue a National Pollution Discharge Elimination System
("NPDES") permit renewal and Industrial Wastewater Permit (DEP File No. FL0001562-012-IW1N) to
Florida Power and Light Company ("FP&L")related to the operation of the cooling canals for the Turkey
Point Nuclear Power Plant; and
WHEREAS, on June 4, 2020, the Board agreed to support FKAA in the challenge by intervening
in the proceeding and also raising concerns about impacts to Biscayne Bay and surrounding waters,
contributing 50% of the outside counsel legal fees it incurred in support of the challenge, and seeking
support from other interested entities to help defray the litigation costs and expenses; and
WHEREAS,on August 24,2020,the County intervened in the above-referenced legal challenges,
under DOAH Cases styled: Florida Keys Aqueduct Authority, Petitioner, v. Florida Department of
Environmental Protection and Florida Power & Light Company, Case No. 20-2967 and Florida Keys
Fishing Guides Association, Inc., Petitioner, v. Florida Power & Light Company; Florida Department of
Environmental Protection, Case No. 20-2968; and,
WHEREAS,the FKAA and the County are represented under separate agreements in the litigation
by the law firm of Lewis, Longman &Walker, P.A. ("Outside Counsel") and the parties have agreed that
the firm bills the FKAA for all work associated with the challenge; and
WHEREAS, the County and FKAA desire to formalize their agreement for the County to
reimburse the FKAA fifty percent(50%) of legal fees that the FKAA pays directly to Outside Counsel.
NOW, THEREFORE,IT IS AGREED:
1. Upon presentation of documentation that the FKAA has paid Outside Counsel for legal
services related to the above referenced matter,the County will reimburse the FKAA 50%
of the amounts paid to the firm for legal services.
2. Any contributions that the County receives from other entities towards the litigation
expenses, including but not limited to costs and fees, shall be directed to the FKAA to
reduce the FKAA's obligations for those expenses.
3. This Agreement has been carefully reviewed by counsel for the County and FKAA. This
Agreement is not to be construed against any party on the basis of authorship.
4. Notices in this Agreement, unless otherwise specified, must be sent via certified mail to
the following:
i
COUNTY FKAA
Monroe County Attorney Florida Keys Aqueduct Authority
1111 12' Street, Suite 408 Office of General Counsel
Key West, FL 33040 P. O. Box 5293
Key West, FL 33045-5293
5. This Agreement is the parties' final mutual understanding. It replaces any earlier
agreements or understandings, whether written or oral, and it cannot be modified or
replaced except by another written, signed agreement.
6. This Agreement is effective upon the signature of the last parry to the Agreement and shall
continue until terminated in writing by either the County or FKAA with notice to the other
parry.
IN WITNESS WHEREOF, each party has caused this Agreement to be executed by its duly-
authorized representatives.
(SEAL)
ATTEST: KEVIN MADOK, CPA MONROE COUNTY BOARD OF
CLERK OF MONROE COUNTY,FLORIDA COUNTY COMMISSIONERS
by: by:
as Deputy Clerk Mayor Heather Carruthers
Approved by BOCC on: Date:
FLORIDA KEYS AQUEDUCT AUTHORITY
BOARD OF DIRECTORS
ATTEST:
by: by:
Its Secretary/Treasurer J. Robert Dean
Chairman
Date:
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