10/21/2020 Agreement 1§/4, 'h, Kevin Madok, CPA
1Z. i;
"` '" Clerk of the Circuit Court& Comptroller— Monroe County, Florida
DATE: November 23, 2020
TO: Abra Campo, Executive Administrator
County Attorney's JOfQQficce
FROM: Pamela G. Hanc4 A.C.
SUBJECT: October 216' BOC��C''llMeeting
Attached is an electronic copy of the following item for your handling:
U 10 Interlocal Agreement with the Florida Keys Aqueduct Authority to formalize the
Agreement for the County to reimburse the FKAA for 50%of the legal bills from Lewis Longman
Walker P.A. incurred in DOAH Case number 20-2967 and 20-2968.
Should you have any questions, please feel free to contact me at (305) 292-3550.
cc: Finance
File
KEY WEST MARATHON PLANTATION KEY PK/ROTH BUILDING
500 Whitehead Street 3117 Overseas Highway 88820 Overseas Highway 50 High Point Road
Key West,Florida 33040 Marathon,Florida 33050 Plantation Key,Florida 33070 Plantation Key,Florida 330
305-294-4641 305-289-6027 305-852-7145 305-852-7145
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. FL0001562-012-1WIN) 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:
I. 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:
COUNTY FKAA
Monroe County Attorney Florida Keys Aqueduct.Authority
1111 12th 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 party tothe Agreement and shall
continue until terminated in writing by either the County or FKAA with notice to the other
party-
` '41.�E. N WITNESS WHEREOF, each party has caused:this Agreement to be executed by its duly-
r.. representatives.
01
%,. - c '• KEVIN MADOK,CPA MONROE COUN r' BOARD OF
=;_•_ .._OP MONROE COUNTY,FLORIDA COUNTY COMj Ie '
as Deputy Clerk MI . eat ?anvthers
Approved by SOCC on: 10/21/2020 Date: 21t2-02 2-0
FLORIDA KEYS AQUEDUCT AUTHORITY
BOARD OF DIRECTORS
ATTEST /t
by: '�/ /V��.G-fir' by:
o
Its Secretary/Treasurer J J. filo can o
Ch rman -`ate o
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Date: ll./3--LOAD �, 2
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MONROE COUNTY ATTORNEY — c
APPR• '-D AS TOF• •
IN