Item P05
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: December 20, 2006 - Marathon
Division: County Attorney
Bulk Item: Yes --X- No
Department: County Attorney
Staff Contact Person/Phone #: Suzanne A. Hutton
AGENDA ITEM WORDING:
Approval of payment of invoice number 27235 in the amount of$71,715.35 from Volpe, Bajalia,
Wickes, Rogerson & Wachs, P.A., regarding windstorm insurance issues.
ITEM BACKGROUND:
The County has retained this law firm to assist in the windstorm insurance issues. This invoice covers
the months of July and August 2006, which was the preparation for and the hearing on Citizen's
insurance rates.
PREVIOUS RELEVANT BOCC ACTION:
Original contract dated May 16, 2006 and First Amendment dated Oct. 18, 2006.
CONTRACT/AGREEMENT CHANGES:
None.
STAFF RECOMMENDATIONS:
Approval.
TOTAL COST: $71,715.35
BUDGETED: Yes ~ No
COST TO COUNTY: $71.715.35 SOURCE OF FUNDS:
REVENUE PRODUCING: Yes No ~ AMOUNT PER MONTH_ Year
APPROVED BY: County Atty ~ OMB/Purchasing _ Risk Management_
DIVISION DIRECTOR APPROVAL:
DOCUMENTATION:
Included X
Not Required_
DISPOSITION:
AGENDA ITEM #
Revised 11/06
Volpe, Bajalia, Wickes, Rogerson &
Wachs,P.A.
Attorneys at Law
1301 Riverplace Boulevard
Suite 1700
Jacksonville, FL 32207
59-3487272
September 12, 2006
o(L- U
')\tW
Invoice# 27235
Client-Matter# 1986-00100
Billing through 8/31/2006
Monroe County Board of County Commissioners
c/o Natileene W. Cassel
Assistant County Attorney
Post Office Box 1026
Key West, FL 33041-1026
Windstorm Insurance Issues
Balance forward as of invoice dated 07/19/2006
$25,596.4 7
0.00
$25,596.47
Payments received since last invoice
Accounts receivable balance brought forward
PROFESSIONAL SERVICES
07/01/06 TWV Review of informational emails from FIRM group
07/05/06 JMD Review of rate filing for references to calculations of rates
and rate changes
07/05/06 TWV Review of informational emails from FIRM group; begin
efforts to coordinate conference call with actuary
07/06/06 TWV Continued review of Citizens' filings; preparation of em ail
regarding same to County and FIRM group; em ails regarding
same with Heather Carruthers and others
07/07/06 JMD Coordinate conference call of parties for discussion regarding
hearing; request Office of Insurance Regulation legal
department to forward copies of petitions filed on behalf of
Citizens; research regarding contact information for Office of
Insurance Regulation legal services office in conjunction
with hearing preparation; review of facsimile from Heather
Carruthers regarding rate impact exhibits
07/07/06 TWV Review Citizens' rate filings; research rate impact exhibit
confusion; research regarding SB 1980 and rate impact on
Citizens; telephone call with OIR regarding filings
07/10/06 TWV Prepare for and attend status conference call with clients and
Hours
0.30
2.00
0.90
1.10
0.40
2.10
2.20
Amount
90.00
220.00
270.00
330.00
44.00
630.00
660.00
1986 Monroe County Board of County Invoice# 27235 Page 2
FIRM members
07/10106 MPM Telephone call with actuary Allan Schwartz regarding 1.50 292.50
Citizen filing methodology; conference with Tim Volpe
regarding same
07/11/06 TWV Telephone call with Steve Parton; finalize and file petition 1.20 360.00
for intervention; telephone call with Bill Pfeiffer
07/12/06 JMD Communications with Lisa Shelnut regarding copies of 2.00 220.00
petition and order entered on May 19; research regarding
copies of filings referenced in order
07/12/06 TWV Telephone call with Steve Parton regarding inflexible date for 0.90 270.00
public hearing; report to clients and FIRM regarding strategy
to prepare for hearing
07/13/06 JMD Review of Senate bill 1980 and analyst report regarding same 2.00 220.00
07/13/06 TWV Work with Joyce Durden and Matt McLauchlin to begin 0.90 270.00
preparation for presentation at public hearing
07/14/06 TWV Review spreadsheet on Citizens' profits and other emails 1.00 300.00
from FIRM
07/15/06 TWV Review of Al Sachs' report 0.30 90.00
07/19/06 TWV Email correspondence with FIRM members regarding public 1040 420.00
hearing and preparations for same
07/20106 JMD Discuss Monroe County filings with Matt McLauchlin 0.50 55.00
07120106 TWV Telephone call with Allan Schwartz regarding hearing 1.90 570.00
preparations next week; review of potential witness
information; prepare for and attend conference call with
clients and FIRM regarding public hearing strategy and
preparation
07/20/06 GlL Conference with Matt McLauchlin regarding hurricane 1.00 185.00
statistical modeling; review of hurricane statistical modeling
07/20106 MPM Conference call with members of FIRM and Monroe County 2.80 546.00
representatives in preparation for August 1, 2006 public
hearing in Key West; conference with Tim Volpe regarding
action plan for preparation for hearing; review of articles
regarding hurricane loss projection models to identify data
needed from commission
07/21/06 JMD Research regarding statewide actuarial filings for Citizens 4.00 440.00
Property and Casualty; organize filings and documentation in
preparation for meeting; email request to Lisa Shelnut
regarding any new document filings on behalf of Citizens in
1986 Monroe County Board of County Invoice# 27235 Page 3
either case before the Office of Insurance Regulation
07/21/06 TWV Work with Joyce Durden to ensure we have latest Citizens' 1.50 450.00
filings; work with Joyce Durden and Matt McLauchlin
regarding preparations for public hearing
07/21/06 GJL Conference with Matt McLauchlin regarding public 0.40 74.00
document request
07/21/06 MPM Review of articles regarding hurricane loss projection 2.90 565.50
methodology and identification of information needed for
Monroe County; telephone call to Florida Commission
regarding hurricane loss projection methodology to request
ensemble data for Monroe County; e-mail correspondence to
Donna Simons at FCHLPM regarding documents requested;
discussion with Tim Volpe regarding retaining expert witness
Charles Watson to present his loss projection findings
regarding Monroe County; telephone call to Mr. Watson
regarding same
07/24/06 JMD Discuss filings with Tim Volpe; discuss equipment needed 4.50 495.00
with Francie DePaolo in preparation for hearing; telephone
call with Jonathon Kees regarding hearing time and
coordination of same; review and comparison of actuarial
rate filings as to Top 20 rate filings; telephone calls with
Allan Schwartz and Steve Parton; email communication with
Kristopher Duer of Department of Financial Services
regarding agenda and order of hearing
07/24/06 TWV Work with Joyce Durden and Matt McLauchlin to prepare for 8.10 2,430.00
presentation at public hearing, including researching and
assembling data and consulting with potential experts and
with actuary; telephone calls with Chuck Watson and Steve
Parton; email correspondence with potential experts and with
Heather Carruthers
07/24/06 MPM E-mail correspondence to Charles Watson regarding 7.30 1,423.50
providing written results of studies performed for Monroe
County and agreeing to testify at future hearing; preparation
of summary of telephone discussion with County and FIRM;
various e-mail correspondence with Charles Watson
regarding setting up phone conference and providing data;
telephone conference with Tim Volpe and Charles Watson;
telephone call with Tim Volpe and Allan Schwartz; telephone
call with Steve Parton and Tim Volpe; analysis of rate
filings; research regarding comparative wind velocities for
hurricanes landing in Monroe County and other coastal
counties
07/25/06 JMD Research regarding wind velocities and data for Monroe 8.00 880.00
County; begin preparation of hearing materials and
1986 Monroe County Board of County Invoice# 27235 Page 4
organization of same; further review of rates filed on behalf
of Citizens Property and Casualty; discussion with Tim
V olpe regarding same; email communication with Mark
Johnson of University of Central Florida regarding wind
velocity data; review and analysis of wind borne debris map
and Hurricane Wilma wind information; review of
information provided by Dr. Mark Powell; further review of
HRA agenda for order of presentations; conversations with
librarian of Florida International University regarding
hurricane archives; email communication with Gloria
Aversano of NOAA regarding hurricane data
07/25/06 TWV Work with Joyce Durden and Matt McLauchlin to prepare for 7.80 2,340.00
presentation at public hearing on August I in Key West,
including review of rate filings by Florida Peninsula and
review of memoranda filed by Citizens; telephone calls with
Commissioner Dixie Spehar, with Robert Cintron and Tom
Streukens, and with Allan Schwartz; receipt, review and
distribution of hearing agenda; review of additional filings
from 6/28/06
07/25/06 MPM Prepare for hearing on Citizens' rate filing; research 5.20 1,014.00
regarding data on wind velocities; conference with Joyce
Durden regarding same; conference with Tim Volpe
regarding action plan for preparations for hearing; review of
agenda for public hearing forwarded by the Office of
Insurance Regulation; review of e-mail correspondence from
Charles Watson; prepare correspondence to Charles Watson
07/26/06 JMD Assist in preparation for hearing; email communication and 8.00 880.00
telephone call with Jonathon Kees at FLDFS regarding
equipment request; review of Mark Powell's writings
regarding surface wind fields; coordinate filings and copies
of same; telephone calls to NOAA, National Climatic Data
Center, Professor Gurley and Mark Johnson, Director of
Statistics at University of Central Florida regarding county
data on wind speeds and velocities
07/26/06 TWV Work with Joyce Durden and Matt McLauchlin to prepare for 7.50 2,250.00
presentation at public hearing in Key West; work with Chuck
Watson regarding his testimony at hearing; work with Allan
Schwartz regarding his testimony at hearing; telephone call
with Heather Carruthers and Robert Cintron regarding her
testimony; review of Schwartz analysis; email
correspondence with Nat Cassel regarding retention of Chuck
Watson
07/26/06 MPM Prepare for hearing on Citizens' rate filing; prepare e-mail 8.50 1,657.50
correspondence to Nat Cassel regarding formal approval to
retain Charles Watson; prepare for examination of Charles
1986 Monroe County Board of County Invoice# 27235 Page 5
Watson; prepare e-mail correspondence to Nat Cassel
regarding qualifications of Charles Watson; telephone call
with Robert Cintron; telephone call with Nat Cassel
regarding identifying and preparing county witnesses;
conference with Tim Volpe regarding action plan and
strategy; telephone call with Heather Carruthers
07/27/06 FLD Assist Joyce Durden and Matthew McLauchlin in connection 1.70 178.50
with troubleshooting and resolving multiple technical
processes in preparation for public hearing presentation next
week; work with Joyce Durden in building Sanction
presentation in connection with same
07/27/06 JMD Conversion, organization and formatting of documents for 11.00 1,210.00
hearing in Monroe County; begin preparation of Sanction
presentation; review of insurance rate filings and hurricane
loss models and loss study; request newly filed materials by
Citizens from Department of Financial Services
07/27/06 TWV Work with Joyce Durden and Matt McLauchlin to prepare for 8.50 2,550.00
presentation at public hearing, including email
correspondence with Al Sachs and Allan Schwartz regarding
their reports and testimony; email correspondence and
telephone calls with Tom Streukens regarding latest filings;
download of filings made today for Citizens; begin review of
new filings
07/27/06 MPM Prepare for Citizens' rate hearing; telephone call with Robert 5.30 1,033.50
Cintron and Tim Volpe; conference with Tim Volpe; prepare
for computer presentation; telephone call with Nat Cassel
regarding witness interviews and preparation; review of
videos provided by FIRM; conference with Joyce Durden
regarding additional documents filed by Citizens; telephone
call with Robert Cintron; review of e-mail from Nat Cassel
and reply thereto
07/28/06 JMD Further organization, preparation and formatting of 10.00 1,100.00
documents for hearing in Monroe County; further preparation
of Sanction presentation; telephone call with Allan Schwartz;
telephone calls with Kayne Lammers regarding IPortal
documents; download new filings by Citizens; meet with Tim
V olpe to compare new rate filings with previously filed
documents; telephone calls with Matt Strahan of National
Weather Service; review of analysis of hurricane wind speeds
provided by Matt Strahan; review of mobile home analysis
prepared by Allan Schwmiz; review of revised presentation
on behalf ofF.I.R.M.; incorporation of new presentation into
hearing materials
07/28/06 TWV Work with Joyce Durden to prepare for presentation at public 10.20 3,060.00
hearing on August 1 in Key West, including review of
1986 Monroe County Board of County lnvoice# 27235 Page 6
various statistical reports and analyses and OIR filings;
prepare for and attend conference call with Al Sachs and
Robert Cintron; telephone calls with Allan Schwartz to
review his revised report, Matt Strahan of the National
Weather Service, and with Nat Cassel; review and analysis of
Citizens' filing made 7/27/06 and comparison to earlier filing;
review ofFHCF ratemaldng materials
07/28/06 MPM Prepare for and travel to Key West for meeting with Robert 11. 00 2,145.00
Cintron, Al Sachs, Heather Carruthers, Billy Wardlow, Nat
Cassel and Rick Ramsay; telephone conference with Tim
V olpe regarding plan for presentation
07/29/06 JMD Further preparation for hearing and assist Tim Volpe in 12.00 1,320.00
document selection for presenting before panel; further
preparation of presentation on behalf of Monroe County
Commissioners; preparation of motion to intervene in case
number 86057-06 on behalf of Monroe County
Commissioners
07/29/06 TWV Finalize presentation for public hearing on August 1 in Key 10.00 3,000.00
West; multiple telephone calls with Allan Schwartz and with
Robert Cintron; email correspondence with Allan Schwartz,
Al Sachs, and Heather Carruthers; finalize Sanction
presentation slides for my presentation and for presentations
of Heather Carruthers and Al Sachs
07/30/06 JMD Travel to Key West for hearing in Monroe County; dilU1er 6.00 660.00
meeting with Tommy Mack, Kim Mack, Tim Volpe and Matt
McLauchlin in preparation for hearing
07/30/06 TWV Continued preparation for public hearing with multiple calls 5.50 1,650.00
with witnesses and review of final reports from Al Sachs,
Allan Schwartz and Heather Carruthers
07/31/06 JMD Continued preparation for hearing; attend and participate in 12.00 1,320.00
witness meetings with Al Sachs, Heather Carruthers,
AlU1aleisa MalU1ix-Lachner and Allan Schwartz; attend and
participate in meeting with Robert Cintron; further revision
of presentation for hearing; dilU1er meeting with Allan
Schwartz, Tim Volpe and Matt McLauchlin
07/31/06 TWV Continued work with Joyce Durden, Matt McLauchlin, 11.40 3,420.00
clients and FIRM representatives to finalize presentation for
public hearing and to prepare witnesses for same; meetings
with witnesses to prepare testimony and finalizing
presentation; meeting with Nat Cassel regarding same;
meeting with Robel1 Reyes and Steve Burgess
07/31/06 MPM Prepare for rate hearing, including meetings and telephone 10.20 1,989.00
conferences with witnesses and revision of computer
1986 Monroe County Board of County lnvoice# 27235 Page 7
presentation
08/01/06 JMD Preparation for and attendance at hearing in Monroe County; 10.80 1,188.00
assist in presentations for Tim Volpe, Heather Carruthers,
Allan Schwartz and Al Sachs
08/01/06 TWV Attendance and presentation at public hearing 11.10 3,330.00
08/01/06 1vfPM Preparation for and attendance at rate filing hearing at 10.50 2,047.50
Harvey Government Center in Key West
08/02/06 JMD Return travel from Key West; debriefing meetings with 7.00 770.00
Robert Cintron and Heather Carruthers; reorganization of
materials from hearing
08/02/06 TWV Debrief meeting with Robert Cintron, Heather Carruthers, 1.20 360.00
Joyce Durden and Matt McLauchlin
08/02/06 1vfPM Meeting with Robert Cintron and Heather Carruthers 5.40 1,053.00
regarding follow up to rate hearing and letter writing
campaign; travel to Jacksonville from Key West
08/03/06 TWV Review of informational emails from FIRM group; begin 1.90 570.00
preparation of supplemental filing to OIR
08/03/06 MPM Telephone call with Allan Schwartz regarding submission of 0.50 97.50
additional information to the Office of Insurance Regulation;
review of FIRM press release regarding hearing results
08/04/06 TWV Review of media regarding public hearing; email 1.50 450.00
correspondence with FIRM group regarding preparation of
supplemental filing to OIR; continued drafting of
supplemental filing and compilation and editing of exhibits to
same
08/05/06 TWV Receive and review testimony addendum from Al Sachs for 3.20 960.00
inclusion in supplemental filing to OIR; preparation of
additional submission
08/07/06 TWV Review of CPIC's request for additional time to file 4.90 1,470.00
supplement to hearing record with OIR; preparation and
filing of objection to same; continued drafting of
supplemental filing and exhibits to same; telephone calls with
Allan Schwartz, Nat Cassel and others
08/07/06 1vfPM Review of correspondence from Citizens requesting 0.40 78.00
additional time for the supplement submissions to OIR;
conference with Tim Volpe regarding same
08/08/06 TWV Finalize supplemental filing to OIR and compilation and 5.00 1,500.00
editing of exhibits to same; file supplement to public hearing
record and provide copies to clients and FIRM group;
1986 Monroe County Board of County Invoice# 27235 Page 8
multiple telephone calls with Allan Schwartz and with Robert
Cintron
08/08/06 MPM Legal research regarding continued viability of Florida 5.90 1; 150.50
statute regarding use of public hurricane model; review and
revision of supplement to record; review of supplemental
reports forwarded to Allan Schwartz and Al Sachs;
conference with Tim Volpe regarding same; research
regarding methods of submitting supplemental materials;
telephone call with Mike Milne regarding same; telephone
calls with Allan Schwartz regarding revisions to additional
submissions; preparation of exhibits to supplemental filing
08/14/06 TWV Review of updated filings from Citizens as well as denial of 2.80 840.00
extension of time
08/15/06 JMD Review of Citizens' response; review of email regarding 0.20 22.00
additional materials
08/15/06 TWV Telephone calls with Nat Cassel and with Tom Streukens; 2.20 660.00
email correspondence with Robert Reyes; forward Citizens'
additional filings to client group and FIRM group with
analysis of same and status update
08115/06 MPM Review of materials submitted by Citizens to aIR 0.40 78.00
08/15/06 MPM Review of materials submitted by Citizens to aIR 0.40 78.00
08/17/06 JMD Due diligence and assembly of new filings made on behalf of 2.20 242.00
Citizens Property; discussion and comparison of new filings
with Tim Volpe; receipt and review of order entered by
Office of Insurance Regulation
08117/06 TWV Receipt and review of new filings by Citizens; receipt and 2.50 750.00
review of order disapproving Citizens' rate increase and
ordering rate decrease; forward same to client group and
FIRM group with comments; telephone calls with Nat Cassel,
with Tommy Mack and with Bea Garcia
08/18/06 JMD Receipt and review of hearing transcript; further review of 0.50 55.00
order from Department of Financial Services
08118/06 TWV Review of various media articles and press releases regarding 2.00 600.00
Monroe County; email correspondence with FIRM members
regarding success and strategy going forward; email
correspondence with Bill Pfeiffer regarding same; email
correspondence with Keisers regarding same; telephone call
with Tommy Mack
08/21/06 JMD Compilation of hearing transcript 0.30 33.00
08/22/06 TWV Review of email correspondence from FIRM members 0.80 240.00
1986
Momoe County Board of County
Invoice# 27235
Page 9
regarding Florida Peninsula, and email from Suzanne Hutton
regarding building codes; telephone call with Allan Schwartz
08/24/06 JMD Review Florida Statutes regarding use and file, and 0.50 55.00
depopulation; communication same to Nat Cassel
08/25/06 MPM Telephone call to Tom Streukens regarding status of Florida 0.10 19.50
Peninsula rate filing
08/30/06 TWV Telephone call and email correspondence from Robert Reyes 0.10 30.00
regarding Citizens appeal
08/31/06 TWV Email correspondence with Robert Reyes regarding Citizens 0.10 30.00
appeal
TIMEKEEPER HOURS RATE
Timothy W. Volpe Shareholder 124.00 300.00
Gregory J. Lesak, Jr. Associate 1.40 185.00
Matthew P. McLauchlin Associate 78.30 195.00
Francie 1. DePaolo Paralegal 1.70 105.00
Joyce M. Durden Paralegal 103.90 110.00
EXPENSES
06/26/2006
07/31/2006
07/31/2006
07/31/2006
07/31/2006
07/31/2006
07/31/2006
07/31/2006
07/3 1/2006
07/31/2006
07/31/2006
08/21/2006
08/21/2006
West Publishing Corporation - online research for April 2006
American Express - Tim Volpe travel expenses incurred during trip to
Key West, Florida on 07/30/06- 08/02/06
American Express - Joyce Durden travel expenses incurred during trip to
Key West, Florida on 07/30/06-08/02/06
American Express - Charles Watson travel expenses incurred during trip
to Key West, Florida on 07/31/06
American Express - Allan Schwartz travel expenses incurred during trip
to Key West, Florida on 07/31/06
American Express - Matt Mclauchlin travel expenses incurred during trip
to Key West, Florida on 07/28/06 - 08/02/06
LexisNexis - online research for June 2006
Executive Video and Photographic Services, Inc. - expedited encoding
fee and CD copy of Momoe County in Crisis
FedEx - airbill #790508281571 - documents shipped for hearing
FedEx - airbill #848923027097
LexisNexis - online research for July 2006
Transcript of public hearing
FedEx - airbill# 790027773720
32.37
691.03
691.03
25.00
172.83
1,057.14
68.85
107.00
119.69
34.29
4.02
849.00
28.13
1986
08/21/2006
08/21/2006
08/22/2006
08/22/2006
08/22/2006
08/22/2006
08/22/2006
08/31/2006
08131/2006
08/31/2006
Monroe County Board of County
Invoice# 27235
FedEx - airbill# 790519741237
FedEx - airbill# 791079423878
American Express - Joyce Durden travel expenses incurred during trip to
Key West, Florida on 07130/06 - 08/02/06
American Express - Tim Volpe travel expenses incurred during trip to
Key West, Florida on 07/30/06 - 08/02/06
American Express - Matt McLauchlin travel expenses incurred during
trip to Key West, Florida on 07/30/06 - 08/02/06
Joyce M. Durden - reimbursement for out-of-pocket expenses incurred
during trip to Key West, Florida on 07/30/06 - 08/02/06
Matthew P. McLauchlin - reimbursement for out-of-pocket expenses
incurred during trip to Key West, Florida on 07/30/06 - 08/02/06
Photocopy charges
Long distance telephone charges
Postage charges
Billing Summary
Total professional services
Total expenses incurred
Interest charge on past due balance
Total of new charges for this invoice
Plus net balance forward
Total balance now due
[BF03]
$64,335.00
$7,216.10
$164.25
$71,715.35
$25,596.47
$97,311.82
Page 10
28.13
18.69
367.96
788.30
427.85
105.70
215.60
1,373.75
3.20
6.54
$7,216.10