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Board of County Commissioners January 20, 2016 Page Two On December 11, 2015, the District issued a request for additional information concerning the Project ERP application. The request for additional information is attached. All Aboard Florida has until March 10, 2016 to submit the requested information to the District. Additionally, on October 22, 2015, the District received an application for an Environmental Resource General Permit ("General Permit") for the installation of 67 miles of fiber optic cable from Fort Pierce to Cocoa Beach, which includes 9 subaqueous crossings. The General Permit application states that no work is proposed within wetlands or surface waters and that no wetlands or surface waters will be drained. The General Permit application indicates that the fiber optic cable will be installed through directional drilling and jack -and -bore methods. The Environmental Resource General Permit was issued on October 28, 2015 and expires on October 15, 2020. On January 19, 2016, the Indian River County Board of County Commissioners (the "Board") authorized the County Attorney's Office to hire a Florida law firm familiar with the District permitting process in order to assist in the overall review and evaluation of the District applications and to identify options for potential challenges, if necessary. At the time, the County Attorney's Office stated it would bring a contract to the Board for approval. The County Attorney's Office recommends that the Board hire Shubin & Bass, P.A. Shubin & Bass, P.A. is a boutique law firm with experience in litigation and administrative proceedings involving land use, zoning and environmental matters. Attached is a proposed retainer agreement. Shubin & Bass, P.A. charge their governmental clients a blended rate of $$295.00 per hour meaning that all attorneys, regardless of their hourly rates (which range from $215 to $650 per hour) shall be billed to Indian River County at this hourly rate. Paralegal time will be billed at $85.00 per hour. FUNDING. On March 24, 2015, the Board of County Commissioners approved a funding allocation for expenses associated with the All Aboard Florida permitting process. For fiscal year 2015/16, $1,100,000 has been authorized for this purpose. Funding is provided from General Fund reserves (account number 00110214- 033110-15023), therefore, the current year millage rate is not impacted. RECOMMENDATION. The County Attorney's Office recommends that the Board approve the retainer agreement with Shubin & Bass, P.A. and authorize the County Attorney to execute same. ATTACHMENT(S). Proposed Retainer Agreement F'�A�wnq+L+da4GEA'QtAL�B C CltgndoM.WYAUAbo dFknd. DLMI PmWt Arr—,YAx iio