Item Q7 �S Q.7
I`�
County of Monroe
�y,4 ' �, "tr, BOARD OF COUNTY COMMISSIONERS
County �a� Mayor Michelle Coldiron,District 2
�1 nff `ll Mayor Pro Tem David Rice,District 4
-Ile Florida.Keys Craig Cates,District 1
Eddie Martinez,District 3
w Mike Forster,District 5
County Commission Meeting
March 17, 2021
Agenda Item Number: Q.7
Agenda Item Summary #7948
BULK ITEM: Yes DEPARTMENT: County Attorney's Office
TIME APPROXIMATE: STAFF CONTACT: Abra Campo (305) 292-3471
n/a
AGENDA ITEM WORDING: Approval to reimburse the Florida Keys Aqueduct Authority in the
amount of$63,497.75 for 50% of the legal fees generated by Lewis, Longman, and Walker, P.A. for
the administrative challenge to the Turkey Point NPDES permit.
ITEM BACKGROUND: The Florida Keys Aqueduct Authority (FKAA) is challenging a National
Pollution Discharge Elimination Permit (NPDES) issued by the Florida Department of
Environmental Protection (FDEP) to Florida Power & Light(FPL) for operation of the Turkey Point
Nuclear Power Plant due to the impacts on the FKAA's wellfields in Florida City. The County
intervened in support of the FKAA.
The FKAA and the County jointly retained Lewis, Longman, & Walker, P.A. (LLW) to represent
them in the permit challenge with the understanding that the County would reimburse the FKAA for
50% of the amounts it paid to LLW.
The FKAA has presented proof of payment to LLW for an invoice in the amount of$126,995.50 for
November services. The invoice was approved for payment by the FKAA board on 1/26/21. The
County's 50% share is $63,497.75.
If approved, this payment would raise the total reimbursement to the FKAA to $280,992.73 so far.
Significant bills are expected for the months of December and January. During those months,
counsel spent considerable time preparing for the hearing that took place at the end of January.
PREVIOUS RELEVANT BOCC ACTION: On 6/4/20, the BOCC authorized the County
Attorney to intervene in the FKAA's permit challenge and to retain Lewis, Longman& Walker, P.A.
to jointly represent the County with the FKAA. On 7/15/20, the BOCC approved the agreement
with Lewis, Longman, and Walker, P.A.
On 10/21/20, the BOCC approved an Interlocal Agreement with the FKAA to formalize the
agreement for the County to reimburse the FKAA for fifty percent (50%) of the legal fees from
LLW incurred in DOAH Case number 20-2967 and 20-2968.
Packet Pg. 2943
Q.7
On 10/21/20, the BOCC approved a 50% reimbursement ($53,365.25) to the FKAA for (2) invoices
from LLW totaling $106,730.50 for which the FKAA presented proof of payment.
On 2/17/21, the BOCC approved a 50% reimbursement ($164,129.73) to the FKAA for (3) invoices
from LLW totaling $328,259.45 for which the FKAA presented proof of payment.
CONTRACT/AGREEMENT CHANGES:
n/a
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
LLW Nov Invoice
ILA with FKAA for Joint Representation 10_21_20
FINANCIAL IMPACT:
Effective Date:
Expiration Date:
Total Dollar Value of Contract:
Total Cost to County: $63,497.75
Current Year Portion: $63,497.75
Budgeted: Yes.
Source of Funds: 00101-530318
CPI: n/a
Indirect Costs: n/a
Estimated Ongoing Costs Not Included in above dollar amounts:
Additional invoices will be presented once proof of payment is submitted by the FKAA.
Revenue Producing: n/a If yes, amount: n/a
Grant: n/a
County Match: n/a
Insurance Required: n/a
Additional Details:
03/17/21 001-00101 - BOCC ADMINISTRATIVE $63,497.75
REVIEWED BY:
Abra Campo Skipped 03/02/2021 3:51 PM
Bob Shillinger Completed 03/02/2021 3:51 PM
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Q.7
Bob Shillinger Completed 03/02/2021 3:51 PM
Purchasing Completed 03/02/2021 3:52 PM
Budget and Finance Completed 03/02/2021 4:50 PM
Maria Slavik Completed 03/02/2021 5:28 PM
Liz Yongue Completed 03/02/2021 5:47 PM
Board of County Commissioners Pending 03/17/2021 9:00 AM
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FLORIDA KEYS IBERIABANKQ.7.a
QUIMUCT Key Vest FL 33040
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FicRR Check Number: 074076
To: Lewis,Longman&Walker,R.R. 5632 Date. 02/05/2021
Invoice Number Date Description PO Number Amount Discount Paid Amount
A)8-138795 12/16/2020 $126,995.50 $0.00 $126,995.50 w
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TOTALS: $I26,9 5.50 $0,00 Packet Pg. 2946
Q.7.a
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Requisition for Check
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TO Lewis Longman &Walker, RA,
FAO Box 528742 y
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Requisitioner* Date
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[qua€ na CsgOnal[a 1f29i2021
Approval � Date a)
Robert Feldman V2.9,12021
Quantity* Account Number* Description* Amount*
1 1-'011- 0 -10 contractual services-legal 1126995.50
Total Amount a '126995 50
0)
Supplemental 01-25-2021 LLVV.lac1 13 86MB
Documentation
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Packet Pg. 2947
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Action History (IJTC-05:00)Eastern Time(US&Canada)
Subint by Deanna l=squinaldo 112912021 '10.15,34 AM(Stan )
Approve by Robert Feldman 1;2 12021 10 24 5A AM(Supervisor Review)
. The tcsk Ova:-s assigned to f":ober'L relit art 11 fi 2021 ',O'15 Alir3
Data Entered in y,-,tern by Dianncy Fundcra 2t1/2021 9:53 19 A (Finance Tearn Approval)
LfE-ncy FL t1c,ia as._tclried the l ask 1r Disincy, FUndoi'a 21112021 :3 13 AM
a Te tusk was assigned to Kada Garcia, Maamrn Perez;, Da,nry Fundcra. V�--,nda SIorr
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BOARD OF DIRECTORS, FLORIDA KEYS AQUEDUCTAUTHORITY
AGENDA ITEM SUMMARY
--D(
REGULAR:
AGEND O0C
A ITEM: TAB: CONSENT° L
MEETING DATE� January 26, 2021 DIVISION: Office of Counsel
........... ........... -----------
AGENDA TITLE:
Consideration to approve payment to Lewis, Longman &Walker for professional services rendered and
0
expenses incurred for the month of November 2020 regarding defense for potential administrative >
.9
challenge to Florida Power& Light's NPDES Permit for Turkey Point Cooling Canal System$126,995.50.
ITEM BACKGROUND:
This law firm, under primary consultation of Stephen A.Walker is representing the Authority in defense
for potential administrative challenges to FPL NPIDES Permit for Turkey Point Cooling Canal System. E
Discussions are underway with Monroe County to intervene with the Authority and will share in the
expenses in these proceedings. 0
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PREVIOUS RELEVANT ACTION BY FKAA BOARD OF DIRECTORS:
0
Approved LLW to provide legal services for this petition.
STAFF RECOMMENDATION(MOTION).,
The Board of Directors approve payment to Lewis, Longman&Walker for professional services rendered
and expenses incurred for the months of November 2020 in the amount of$126,995.50.
E
SUPPLEMENTAL INFORMATION: 0
Total payments made to Lewis, Longman&Walker including the current invoice is$561,985.45. Monroe
County has moved to intervene in this case with FKAA and pay 50%of the legal fees. 2
—---------------- -------------------- ...........
DOCUMENTATION: lncluded: � To-Follow: Not Required: El
.0
Cost to FKAA: $ 126,995.50 BUDGETED: Yes Yl No >
.9
Cost to Others: $ >
Total Cost, $ 126.995-50 0
z
Robert T.
DEPARTMENT: Executive DEPARTMENT MANAGER APPROVAL' Feldman
Kerry
RTF
W,�N 0
General
Reviewed by: Internal Auditor Counsel: Executive DirectorShelby
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BOARD ACTION:
Approved� —�" Tabled: Disapproved:E Recommendation Revised,
Comments—.-
Date! a 6,Ar-w-j Recordmg Clerk:G�,—�
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LEWIS515 North F'Iagler Drive,Suile 1500
L LW I LONGMht H,`ev Palnt£6ecrch,P 1 33401
WALttFR Tel 561-640-0820
Fax 561-640-8202
Florida Keys Aqueduct Authority December 16, 2020
0
C/O Robert T. Feldman, General Counsel Invoice No.AJB-138795 >
1100 Kennedy Drive
Key West, FL 33040
CLIENT: 6439- Florida Keys Aqueduct Authority
Re: 001 tPDES Permit Challenge
VIA ELECTRONIC MAIL
0
Date Services Hours Amount M
11101120 FLA Continue preparing for B. Tattle deposition (1.6). 1.60 520.00
11102/20 FLA Continue preparations for deposition of B. Nuttle in 1 A0 455.00
expert capacity (1,1); begin review motion to
compellstrike aimed at Florida Power& Light(0.3).
11/02/20 ATP Prepare for and attend deposition of J. Reynolds &40 2„604,00
(7 1); review and respond to emails regarding
coordination of documents, attendance at deposition,
filing of corporate representative deposition topic
request, and deposition notices(13 emails sent and
received)(1.3). '
0
11/02/20 AJB Review and analyze E.J. Wexler documents. 1.70 569,50
>
2
11/03/20 FLA Continue review of motion to compel(0.2); prepare 2.20 715,00 0.
for team meeting (0.2); continue PPSA filing and
potential continuance(0.6) participate in team
meeting(1.0)„ work session with N- Poot regarding
research (0,2)_
>
11/03/20 CLB Prepare for and attend team call to review all pending 1.00 195,00
tasks, discuss amending the petition and filing Motion
for Continuance, and coordinate preparation needed
for upcoming expert depositions_
11103120 AJB Coordinate pending tasks with trial team (1.0); 1,40 469.00
attention to duces tecum attachment for deposition of
Department of Environmental Protection and Florida o
Power& Light Company witnesses and edit and
finalize same(4).
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Client Ref: 643 -t191 December 16, 2026
Invoice No. AJB-138795 Page 2
Date Services Hours Amount
11/ 3/20 ATP Prepare for and attend litigation team call to discuss 6.66 2,64&00
litigation strategy and review task list(1.0); draft
daces tecurn attachments to deposition notices and
review deposition notices for Florida Power& Light
Company/ Florida Department of Environmental
Protection witnesses (1.4); review and respond to
emails regarding deposition notices and attachments,
scheduled meetings for deposition preparation
sessions, expert witness team meeting to discuss
pleading, Power Plant Siting Act resource, and public
records response from Miami Cade ( 5 emails sent
and received)(4.2).
0
11163/20 NJP Work session with F.Asc auer regarding research &26 45.00 y
request.
11164/20 FLA, Draft template for expert witness disclosure 1.20 390.0
opinions/tracking chart(0.6); prepare for deposition
preparation call with B. Nuttle(0.5); draft email to
counsel regarding expert fees (0.1).
11/04/20 AJB Deposition preparation of E.J Wexler(5.5); review, 7.46 2,479.00
analyze and update hydrologic modeling data report y
and mark up same (1.2); edit summary of E.J.
Wexler opinion disclosure (.7).
11/04/20 ATP Review electronic documents for 5.16 1,581.00 0)
responsivenessiprivilege to discovery request(2.9); o
0
review and respond to emails regarding drafting a 76
public records request to Florida Department of P
Environmental Protection for witness addresses,
public records request response from Miami-Dade,
agreement between the parties regarding payment of
experts for deposition time,funding for field work,
transcript for corporate representative deposition,.
expert witness disclosure, and emails and
attachments from E. Sakon regarding Division of
Environmental Resource Management comment
letter, and well data (14 emails sent and
received)(2.2).
11/05/20 FLA Prepare for and participate in preparation of B. Nuttle 6.20 2,015.00 �
for expert deposition (5.9); review expert disclosure
(6 2); review emails related to deposition and special
waters(0.1).
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Client Refs 6439-001 December 16, 2020
Invoice No. AJB-138795 Page
Date Services Hours Amount
11105120 CLB Prepare,format and index supplemental production 1.96 3701 5
from Florida Power& tight Company in preparation
for uploading to Evertaw(1.3); review and compile all
Curriculum vitae in preparation for filing of Expert 2
Witness Disclosure and assist with finalizing same
11/05/20 AJB Review and analyze potential deposition exhibits for 4.10 1,373,50
P. Andersen(2.2): edits to Expert Witness Disclosure
and work session with A. Petrick regarding same,
(1.2); conference call with T. Walker, R. Feldman and
D. Howard regarding case status.
0
11165/20 ATP Telephone call with J. Fourqurean regarding expert 9.50 2,945.00 T
witness disclosure(3), draft and edit expert witness
disclosure and related table of petition allegations
(3.3); review and respond to emails regarding expert
witness disclosures, handling of expert witness fees
for deposition, expert witness transcript, funding
sources for field work, public records request
response from Miami Lade, opposing parties'expert
witness disclosures, and supplemental production
from Florida Power& Light Company(50 emails seat y
and received)(5.6).
11/06/20 ATP Prepare for and attend expert witness meeting and 6.80 2,108 00 E
follow up discussion with A. Baumann and F.
Aschauer(2.6); review and respond to emails
regarding corporate b6 and expert deposition notices, 76
coordinating deposition dates for newly identified P
Florida Power& fright Company and Department of
Environmental Protection witnesses, missing
attachments to expert witness disclosures from
Florida Power& Light Company, Power Plant Siting
Act documents in electronic management system,
transcript exhibit handling, and expert documents
provided by K. Martin, E_ Swakon, and L. Reynolds
for use in discussion (31 emails sent and
received)(4.2)..
11106/20 AJB Telephone call with experts regarding status of ZOO 670.00
claims listed in Petition.
11/06/20 NJP Legal research regarding NPDES public comment 7.60 1,710 96 �
and initial lawsuit requirements; draft and send email
correspondence to F. Aschauer regarding the same.
I
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Client Ref: 6439 -001 December 16, 2020
Invoice No.AJB-138795 Page
Date Services tours Amount
11/06120 CLB Review and respond to various emails� 7); review 3.10 604,50
and update Everlaw with appropriate deposition
benders in preparation for taking and defending all
expert and fact witness depositions(1.4); review U
expert witness disclosures filed by all parties (7); call
with E. 5wakon regarding documents needed a
exhibits(.3).
11108/20 FLA Prepare for deposition preparations with K. Martin. 2 50 812.50
11/09120 Ft.A Prepare for deposition preparation with K. Martin for 5,50 1,787.5
expert deposition (0.8); conduct deposition
preparation for K. Marten (4.1); prepare materials for o
K. Martin (rules and statute)(0 2); call with B. Nuttle cn
and other experts regarding exhibits(0.4),
11/09/20 A1-P Participate in K. Martin expert witness deposition 5.40 1,674,00
preparation (no charge), draft notes summary from
expert witness call (.6); telephone call with F.
Aschauer regarding deposition, tasks (A); telephone
call with B. Pennington regarding deposition
scheduling (.3); receive and review order on
Petitioners motion for protective order(4); receive, y
review, and respond to emails regarding deposition
coordination, public records request to Florida
Department of Environmental Protection regarding E
potential witness addresses, order on Motion for
Protective Order, expert witness exhibits for o
0
disclosure (25 emails sent and received)(3.7)
2
11/09/20 AJB Review and analyze Order Granting, in hark, and 0.60 201.00 0.
Denying, in part, Motion for Protective Order and
review cases cited by Order(6).
I o
11/09/20 P JP Continue reviewing DOAH opinions regarding public 3,10 697.50 0
comment and initial lawsuit requirements.
0
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Client Ref. 6439-001 December 16, 2020
Invoice No.A,JB-138795 Page 5
Date Services Hours Amount
11/10/20 ATP Telephone calls with F. Aschauer,A Baumann (1,9); 7,50 2,325.00
Review letter from Florida Department of
Environmental Protection regarding conflict of interest
(4), review and respond to emails regarding
scheduling of depositions, documents provided by
expert witnesses„ Florida Power& Light Company's
production of lawyers for deposition Florida Power
Light Company supplemental production, meeting
with B. Friedman, transcripts of depositions, and
public records request to Florida Department of
Environmental Protection ( 9 emails sent and
received)(4.8); telephone call with N. MacAilely CID
regarding deposition rescheduling (.4). o
T)
11/10/20 CLB Review and respond to various emails (6); review,. 1.80 351.0
prepare and format documents received from
Miami-Dade County Division of Environmental
Resource Management in preparation for uploading
to Everlaw(3), review, prepare, format and index
Florida Power& Light Company supplemental
production files in preparation for uploading to
Everlaw(9).
11/10/20 AJB Expert preparation of E.J. Wexler and attention to 4.80 1,608.00
deposition schedules(3.0); coordinate discovery
tasks with A. Petrick and F. Aschauer (1.8). E
11110/20 NJP Legal research regarding reasonable assurance 2.80 630,00 0
0
under consent order and siting certification.
2
11/11/20 FLA Review emails regarding depositions and deposition 1.60 520 00 0.
0.
exhibits (0 2), prepare for continued preparation
session with B. Nuttle(0.5); prepare for and 0)
participate in team meeting(9). 2
0
11/11120 ATIP Prepare for and hold expert witness preparation call 10,70 3,317,00
with J. Fourqurean (2.6)„ call with A. Baumann and F_ >
0
Schauer regarding information disclosed in
preparation call (9); call with opposing counsel
regarding discovery rescheduling (4); call with F.
Aschauer regarding expert witness preparation (3);
review and respond to emails regarding expert
witness documents„ coordination of depositions and
deposition preparation (26 emails sent and
received)(4.7); document review in preparation for
deposition (1.8),
i
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Client Ref: 5439-001 December 15, 2020
Invoice No.AJB-138796 Page C
Date Services Hours Amount
11/11/20 AJB Conference call with F. Aschauer regarding 1.50 502.50
correspondence from Department of Environmental
Protection (.5); work session to coordinate multiple
matters with F Aschauer and A. Petrick (1.0).
0
11/12/20 ATP Review documents related to S. Scroggs deposition 3.50 1,085.00
(400 out of 1400 documents)(no charge);. call with A.
Baumann regarding deposition coordination (A);
review and respond to emails regarding deposition
preparation and deposition coordination, documents
related to same, documents for production as exhibits
(17 emails sent and received)(3.1).
0
11/12120 A.7B Conference call with R. hil inger and D. Howard 3.40 1,139.00 T
regarding status of case and County Commission
Shade Session (1.0); conference call with T- Walker,
R. Feldman and F. Aschauer regarding case status
(.7); review and analyze E.J. Wexler draft report and
notate same(1.2); attention to multiple discovery
issues and work session with F. Aschauer regarding
same
11/13/20 FLA Emails regarding corporate representative 130 1,072.50
depositions and errata sheets (0 1), prepare/review
background documents for B. Nuttle deposition (0 7);
begin preparing for depositions of Florida Department E
of Environmental Protection personnel(1.5), call with
K. Martin regarding deposition exhibits(0.5); call with o
L. Reynolds (0.5).
2
11113/20 CLB Review, prepare index and format additional 3.20 624.00 0.
documents received from Florida Power& Light
Company (1.7); prepare for and attend call with F. `✓
Aschauer regarding deposition preparation for Nuttle
and Martin (A); compile and prepare documents for
W. Nuttle and K. Martin deposition (1.1).
0
11/13/20 ATP Attend deposition preparation call for E.J. Wexler(no 7.10 2,201.00
charge)~ review and respond to emails and expert
witness documents attached thereto (39 emails sent
and received)(5.9); call with L. Reynolds regarding
deposition (.8); call with A. Baumann regarding
deposition handling and updates based on
preparation calls(4). o
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Client Ref; 6439-001 December 16„ 2020
Invoice No. AJB-138795 Page 7
Date Services Flours Amount
11/13/20 AJB Work session with experts regarding revised Wexler 2.56 837.50
hydrologic model runs (2.0); conference call with A.
Petrick and L. Reynolds regarding deposition (.5).
11/13/20 NJP Additional legal research regarding reliance for 5.66 1,26(}00
permitting decisions under consent carder and siting
certification.
11/14/20 FLA Prepare for depo prep session with B. Nuttle(3.6); 7.00 2,275.00
participate in preparation of B. Nuttle for deposition
as expert witness (3.4).
11/15/20 ATP Telephone call with F. Aschauer regarding deposition 2,20 682-00 a
preparation for W. Nuttle (. ), telephone preparation y
with W Nuttle(6); review and respond to emails
regarding document management in Everlaw and
updated map information from W. Tuttle(8 a ails
sent and received)(8)
11/15/20 FLA Call with experts regarding transport time of Q.70 227.50
nutrients/tritium,
11/16/20 FLA Prepare for defending B. Nuttle deposition (0.3); %30 3,347.50 �
attend/defend deposition of B. Nuttle(10).
11/16/20 CLB Prepare additional documents to be provided to all 8.59 1,657.50 E
counsel prior W. Nuttle deposition (.8); receive,
format, prepare and upload exhibits received from o
0
Florida Power& Light Company for use at the 76
deposition of W. Nuttle in preparation for marking
during deposition (3), prepare for and attend portions
of the deposition of W Nuttle to organize and mark
exhibits as needed (5.8); compile all deposition
transcripts to date and prepare and format in o
preparation for uploading to Everlaw and linking the
exhibits accordingly (1.6).
0
11/16/20 AJB Work session regarding W. Nuttle deposition 1.80 663.0
outcome and follow up regarding same (5); review
and analyze additional Miami-Dade County
documents for use in depositions(1. ).
0
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Client Ref 6439 -001 December 16, 2620
Invoice No. AJB-138795 Page 8
Date Services Hours Amount
11/16/20 ,ATP Prepare for and attend W. Nuttle deposition (no 6.60 2,046.00
charge); review documents for use in S. Scroggs
deposition (1.9), telephone,calls with F.Aschauer
about W. Nuttle deposition (2 calls) ( 8)� review and
respond to emails regarding discovery matters,
information related to W. Nuttle deposition, telephone
call with 6ACE counsel, expert materials(27 emails
sent and received)(3.9).
11116/20 NJP Review additional legal research regarding reliance 1.50 337.51
under consent order and siting certification. -
11/17/20 NJP Prepare for and attend extensive work session with 5.56 1,237.50 o
F.Aschauer and C. Blackwell regarding.document
management and strategy(1.3); review file following
same(1.5), legal research regarding issues to
prepare for tagging (2.7).
0
11/17/20 FLA Prepare for and participate in deposition preparation 3.60 1,170 00
with K. Martin for expert deposition (1.7); working
conference with A. Buaan regarding witness
disclosures (0-4); working conference with C.
Blackwell and N. Poot regarding documents (CI 8);
review notices of deposition for Weaver(0.1); review
background documents (6=6).
W
11/17/20 CLB Research produced documents for sampling plan 4,70 916.50
requested by Florida Power& Light Company (.9); o
0
individual calls with B. Pennington and F. Aschauer
regarding deposition schedule (.3); prepare for and P
attend deposition preparation call with K. Martin (1.7);
review and respond to various emails(.5); prepare for
and attend call with F Aschauer and N. Poot
regarding detailed document review and process to 0
complete same (1.3). >
11117126 AJB Attention to discovery matters and work session with 1.30 435.50 >
0
F Aschauer regarding same(.7) review and,analyze
B. Burns presentation and notate same(.6).
0
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Client Ref: 5439-001 December 15, 2920
Invoice No. APB-13875 Page 9
Date services Hours Amount
11/17/20 ATP Review and respond to emails regarding 4.70 1,457.00
supplemental discovery question from S.
Blickensderfer, transcripts and master index, W
scheduling of expert depositions and court filings .
related thereto (22 emails seat and received)(3.3);
review electronic document management system for
documents in follow up to discovery question from
opposing counsel (1.4).
11/18/20 NJP Prepare for and attend work session with C. 1.59 337.59
Blackwell regarding strategy for document profiling
CD
and review in preparation for final hearing.
0
11/18/20 CLB Prepare for and attend work session with N. Poot to 7.1Q 1,384.50 T
develop a workflow for the detailed review requested
(1.3); review and confirm Florida Power& Light
Company production uploaded correctly and begin to
prepare for reloading of the incorrect uploads(1.1);
prepare for and attend a portion of the deposition
preparation of E. Wexler(2.2); review and respond to
various emails (.8), begin to compile and prepare
supplemental documents for production (9), attend
call with N. Poot to finalize detailed review plan (1,0). y
11/18/20 ATP Review and respond to emails regarding deposition 1.89 55&00
scheduling, scheduling of discussion with counsel E
from SACE regarding handling of attorney client
privilege matters, responses to questions regarding o
0
deposition preparation for S. Scrogs, S_ Burns(12
emails sent and received)(1.8). P
11/18/20 AJB Work session with E.J. Wexler regarding review of 3.00 1,095.00 W
updated hydrologic modeling results and report. W
11119/20 CLB Finalize and quality check supplemental production to 2.20 429.00 >
Florida Power& Light Company and submit same
(1 5); review and respond to various emails (2); >
0
attend call with K, Martin to finalize exhibits and relied
on material in preparation for deposition (5).
J
J
11/19/20 AJB Confer with A. Petrick regarding industrial wastewater 0.40 0.00
expert.
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Client Ref: 6439 -001 December 16„ 2026
Invoice No.AJB-138795 Page 10
Date Services Hours Amount
11119/20 ATP Telephone call with L. Reynolds(4); telephone call 7.90 2,449.00
with B. Powers (.5); telephone call with K. Puett
(A); review notes and draft notice of dropping claims
(1.1); review documents for supplemental production
(2.1); review and respond to ernaits regarding K.
Rurelt conference and follow up documentation,
discovery, Florida Keys Aqueduct Authority contact
procedures, expert witness documents (23 emails
sent and received)(3.4).
11/20/20 FLA Prepare for and appear at/defend deposition of K. 730 2,50Z5 }
Martin in expert capacity(7.5), follow up with K.
Martin (0.2). o
M
11/20/20 ATP Attend K. Martin deposition(no charge); telephone 5.70 1„767.tt6
calls with C. Blackwell, F. Aschauer( 9); review and
respond to emaits and texts regarding deposition and
follow up documentation, corporate representative
designations by Florida Power& Light Company and
renotices regarding same (20 emails sent and
received, 23 text messages sent and received)(3. ).
11/20/20 CLB Review, prepare, format and index remaining Florida 9.60 1,872,00 y
Power& Light Company productions in preparation
for uploading to Everlaw(A) compile and prepare K.
Martin documents to be provided to opposing counsel
(.5); review and revise task list(.3), review Public
Records Request to Department of Environmental o
0
Protection (.1), prepare for and attend deposition of 76
K. Martin (4.0); research, review and tag accordingly P
all expert reports and rather key documents located in
our database in preparation for deposition (3.2);
conference call with A. Petrick to review '✓
supplemental discovery production and coordinate
with staff the filing of a notice (.6); continue to review >
emails provided by Florida Keys Aqueduct Authority
in preparation for supplemental production (-5)- >
0
11/20120 AJB Review and analyze Scott Burns materials and 1.50 502,50
presentation and notate same.
11/20/20 NJP Review documents and pleading necessary to 3.86 855.00
organize and substantively tag documents necessary
for final hearing and review prior. U
Packet Pg. 2959
Q.7.a
Client Ref: 64 -001 December 16, 2020
Invoice No.AJB-138795 Page 11
Date Services Hours Amount
11/22/20 CLB Review and confirm deposition schedule„ set 1.50 292.50
additional preparation calls and confirm deadlines for
exhibits to be provided and provide to litigation team
for approval. 2
0
11122/20 ATP Research documents in Everlaw and draft amended 5.60 1,736.00
interrogatory and request for production responses
based on same, email same to litigation team for
review, further actions (3.4); review deposition chart
and provide comments (.3); review and respond to
emails with litigation team, experts, and apposing
counsel, regarding amended discovery, expert
witness materials due in advance of depositions, o
deposition coverage and preparation sessions, and
transcripts errata.sheets (24 emails sent and
received)(1.8).
0
11/23/20 CLB Continue to research and tag documents in 6.60 1,287.00
preparation for deposition (1.5); draft spreadsheet of
production bates numbers corresponding to the
appropriate request number(9); prepare for and
attend deposition preparation of E. Wexler(2 5);
review and update deposition calendar(.7); obtain, y
review, format and index S. Burns and J.Ault exhibits
from Florida Power& Light Company (1.0).
11123/20 ATP Review documents for deposition preparation for S. 8.70 2,697 00 '
Burns and for supplemental discovery response(2.6); o
0
review and respond to emails regarding scheduling of 76
preparation sessions for depositions and deposition P
coverage by experts, deposition exhibits for S. Burns,
and evidence to be provided in supplemental
discovery (39 emails sent and received)(6.1).
0
11/23/20 AJB 1lideoconference with E.J. Wexler regarding 2.50 837.50
deposition preparation and revisions to expert
reports_
11/24/20 FLA Review emails regarding exhibits and analysis (0.2); 0.60 195.00
call with B. Nuttle regarding water and salt budget
(0.3); review deposition calendar(0.1).
11/24/20 F A Attend continued deposition of B. Nuttle in expert 2.60 845.00
capacity.
Packet Pg. 2960
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Client Ref: 6439-0 1 December 16, 2020
Invoice No. AJB-13795 Page 12
Date Services Hours Amount
11124/20 CLB Research, review and tag documents in preparation 6,00 1,170.00
for the depositions of R. Frydenborg, M. Harris, B.
Melnick and M. Stewart(1.5); review master key �
document list to determine documents not needed
that can be removed (5); attend call with A.
Baumann and A. Petrick to confirm witness
attendance at various depositions(4); update all
deposition and preparation calls on outlook calendar
and confirm all needed in attendance have been
invited and reschedule calls as needed (1.3); prepare
for and attend continued deposition of W. Nuttle to
manage exhibits(2.3).
0
1112412E ATP Telephone conference with C. Blackwell and A. 6.29 1,922.0 y
Baumann regarding pending discovery and clawback
issues with counsel for SAC (4); attend continued
deposition of Bill Nuttle and follow-up calls with F.
Aschauer during and after deposition (2.9); review
documents for supplemental discovery responses
and claw-back designation (2.9).
11/24/20 NJP Continue review of documents in preparation for 3.50 787.50
substantive tagging and organization in preparation y
for final hearing.
11/25120 ATP Prepare for and attend preparation sessions for J. 7.10 2,201.00 E
Ault deposition and S Burns deposition with experts.
0
11/25/20 CLB Review, prepare and format all deposition exhibits 9.20 1,794.00 76
entered at depositions to date in preparation for P
uploading to Everla (2.6); prepare for and attend
deposition preparation for J, Ault(3.1); prepare for
and attend deposition preparation for S. Burns(3. ).
0
11/25/20 AJB Begin review and notation of A. Stoghill deposition 4.20 11407,00 >
materials and generate topic outline(3 2); prepare for
and attend status call with Florida Keys Aqueduct >
0
Authority and Monroe County(1.1 ).
11127/20 FLA Prepare for deposition of M. Harris, Florida 2.70 877.50
Department Environmental Protection, program
Administrator for NPDES program.
11/28120 FLA Continue preparations for M. Harris deposition. 2AO 780 00 o
Packet Pg. 2961
Q.7.a
Client Ref: 6439-001 December 16, 2020
Invoice No.AJB-1 Page 13
Date Services Hours Amount
11/28/20 NJP Work session with C. Blackwell regarding document 5.80 1,3 5.t3t1
management(17 3); review and analyze data set and
tag for potential use at final hearing-
11/29/20 ATP Prepare questions for Ault deposition and review 9.36 2„883.69
notes from experts regarding same(3 9); telephone
call with L. Reynolds and C. Blackwell regarding Ault
deposition (.5), telephone caIt with experts regarding
R. Frydenborg deposition preparation (3.1),
telephone call with experts regarding Ault deposition
preparation (1.8).
11/29/20 FLA Continue work on M. Harris deposition outline. 1.20 396.00
T)
11/29/20 CLB Prepare for and attend final deposition preparation 5.90 11150,50
for J. Ault (2.9)' prepare for and attend Frydenborg
deposition preparation (2.6); continue to prepare S.
Burns documents for deposition (4).
11/30/20 FLA Review documents in anticipation of D. Tomasko 1.70 552.50
deposition.
11130/20 ATP Prepare for and attend deposition of J. Ault. M69 ,28 .Q6 y
11/30/20 CLS Prepare for and attend the deposition of J. Ault to 10-00 15950.00
manage exhibits and notate key comments of
deponent(9.2), review, prepare and format exhibits '
from Florida Power& Light Company for the
deposition of C. Tomasko in preparation for 76
uploading to Everlaw. P
11/39f20 AJB Work session with E.J. Wexler and E. Swakon 2M 938M o
regarding finalization of expert report(2.2); `)
coordinate remaining deposition schedules (.6).
0
11/39120 NJP Continue review of documents for substantive tags in 4.89 1,080.00
preparation for final hearing.
Summary of Services
Pate Hours Amount
FLA Aschauer, Fred 325.00 66.00 21,450 00 �
AJB Baumann,Andrew J. 6.99 9 40 6.00
AJB Baumann, Andrew J. 335.00 46.50 15,577.50 0
CLB Blackwell, Christina L. 195,00 82.30 16,048.50
ATP Petrick,Amy T. 310.00 14TOO 45,570M
NJP Poot, Nicole J 225.00 45.70 10,282,51
Packet Pg. 2962
j Q.7.a
Client lief: 6439-001 December 16, 2020
Invoice No.A,113-1 38795 Page 14
Total for Services 387.90 $108,928,50
Date Expenses Amount
10/31/20 October Everlaw Usage- Everlaw, Inc 6,237.00
11/06/20 Expert"witness Services..Dater Science Associates 11, 30.00
Total Expenses $1 ,07.00
Total for Services and Expenses $126,995.50
Previous Balance 263,490.45
Payments Since Last Invoice -263,490A5
0
T)
Amount Due $126,995.50
0
0
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0
0
Packet Pg. 2963
Q.7.a
Invoice No. AJB-138795
j Invoice Date: December 16, 2020
Client Code. 6439
Client Name: Florida Keys Aqueduct Authority
Matter Code- 001 2
Matter Name; NPDES Permit Challenge
Total for Services and Expenses $126,995.50
Previous Balance 263,496,45
Payments Since Last invoice -263,490.45
0
Amount Due $126,995.50
T)
Amount enclosed-
0
Please remit checks1o:
Lewis, Longman&Walker P,A.
PO Box 628742 y
Orlando, FL 32862-8742
0
For your convenience, we accept credit card and e-check payments online at.
http:/lwww,ltw-law.com/template/payment/ o
For billing questions, please contact our Billing department at (561)640-08203 ._
0
0
0
0
Packet Pg. 2964
Kevin Madak, CPA
,.� Clerk Of the Circuit Court& Comptroller Monroe County, Florida
y
.
DATE: November 23, 2020
TO: Abra Campo, Executive Administrator
County Attorney's Office
FROM: Pamela G. Han A
.C.
SUBJECT: October 21' BOCC Meeting �
Attached is an electronic copy of the following item for your handling:
U 10 Interlocal Agreement with the Florida Keys Aqueduct Authority to forrnalize (lie
Agreennen( for the County to reimburse die FKAA for 50%of the legal bills from Lewis Longnan m
Walker P.A. incurred in DOAH Case number 20-2967 and 20-2968.
Should you lia%,e any questions, please feel free to contact me at (30.5) 292-3550.
2
0
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N
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c
cc: Finance
File m
KEY WEST MARATHON PLANTATION KEY PKIROTH BUILDIP
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 Packet Pg. 2965
Q.7.b
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: l 100 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. FL000 1 562-0 1 2-IWIN) 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, E
under DOAH Cases styled: Florida Keys Aqueducl 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 Parer& 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 C44i
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.
0
n
2. Any contributions that the County receives from other entities towards the litigation L.
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
Packet Pg. 2966
■ ; Q.7.b
COUNTY FKAA
Monroe County Attorney Florida Keys.Aq ueduct.Authority
1111 12"'Street,Suite 408 Offce of General Counsel
Ivey West,FL 33040 P:'0.Box 5293
Key West,FL 33045-5293:
5, This .Agreement is the parties' final Fnutual understwiding. It replaces. any earlier
agreements or understandings, whether written or oral, and it cannot be mollified or
replaced except by another written,signed.agreement.
6, This Agreement is effective upon the signature of the last party to-the Agreement and shall
continue until terminated in writing by either the County or FKAA with notice to.the other
party-
N WITNESS WHEREOF, each party has caused.this Agreement to be executed by its duly- a,
ho representatives.
76
0
y; KEVIN MADOK;CPA MONROE COUN BOARD.OF
_.._OF MONROE COUNTY,FLORIDA COUNTY.CO.M I
by: by: W
as Deputy Cleric M eat er airuthers i
Approved by DOCC on: 10/21/2020 Date: �!+_
i
FLORIDA KEYS AQUEDUCT AUTHORITY y
BOARD OF DIRECTORS
ATTEST:
by_ .� by:
Its Secretary/Treasurer J. Rya eah ^;
Ch rman ="
X"� 73
4+Z t
MONROE COUNTY ATORNEY
APPFtrA=D AS TO F
.2
Dom. r � .
Packet Pg. 2967