Loading...
HomeMy WebLinkAbout2011-264 Gardner, Bist ,Wiener, � GBWadsworth , Bowden , Bush , AY Dee , LaVia & Wright , P.A. An 'ORNEYSAT LAW Amanda H . Anderson 1300 ThomasWOod Drive Murray M . Wadsworth* Michael P. Bist Tallahassee , Florida 32308 Murray M. Wadsworth, Jr. Garvin B . Bowden Bruce I . Wiener** Benjamin B . Bush www. gbwlegal . com Wendy Russell Wiener David S . Dee Telephone Facsimile Robert Scheffel "Schef' Wright Erin W. Duncan 850. 385 . 0070 850 . 385. 5416 Charles R. Gardner *Of Counsel John T. LaVia, III "Board Certified Real Estate Lawyer December 13 , 2011 Alan Polackwich , Esq . Indian River County Attorney 'f FC 16 2011 1801 27th Street Vero Beach , Florida 32960 - 3365 Re : Environmental Law Services Dear Mr . Polackwich : I have assisted Indian River County ( " County " ) with various environmental law issues in the past years and it is my understanding that the County would like me to continue to assist the County in the future . On behalf of this law firm ( " Firm " ) , I am sending you this letter to confirm that I would be delighted to continue to , work with the County , on an as - needed basis , when requested to do so . Accordingly , I have prepared this engagement letter , which describes the general principles that will govern our work for the County . Qualifications and Case Management With the County ' s approval , I will take primary responsibility for assisting the County and I will personally perform or supervise the Firm ' s work for the County . For your reference , a copy of my resume is attached hereto . I will work closely with you and other representatives of the County to ensure that the County ' s cases are staffed appropriately . We want the County ' s work to be performed in the most efficient and cost - effective manner possible , while fully utilizing the Firm ' s expertise . Indian River County December 13 , 2011 Page 2 Fees and Billing Practices We normally charge our clients an hourly rate for our legal services . My billing rate for new private clients is $ 350 per hour . The other senior attorneys in this Firm charge similar amounts . For the County , the Firm ' s rates will be reduced . Specifically , the Firm is willing to reduce my normal billing rate to $ 225 per hour and the maximum rate for our other senior attorneys also will be reduced to $ 225 . The rates that will be charged to the County are shown on Exhibit A , which is attached to this letter . We are sensitive to the costs of legal services and we understand that every client wishes to avoid unnecessary expenses . Accordingly , we will use our best efforts to ensure that the County ' s work is performed as efficiently as possible . When it is appropriate , we will assign tasks to attorneys , paralegals , or clerks with lower billing rates so that we can maximize our cost effectiveness . Our clients are responsible for all reasonable costs that we incur during our representation of them . Such costs include computer research services , copying charges , travel and out - of - pocket expenditures . Our requests for reimbursements from the County for meals , per diem , and travel , if any , will be limited to conform with the restrictions contained in Section 112 . 061 , Florida Statutes , for state employees . We will provide the County with an itemized monthly invoice for our services . The invoice will identify each task that has been performed during the month , the person that performed the work , the date on which the work was performed , and the amount of our costs . Our invoices will include receipts or other appropriate documentation for our costs . We recognize that the County may have its own limitations on reimbursements for costs and out - of - pocket expenditures . We will comply with any reasonable limitations imposed by the County , but we ask that such limitations be identified now so we can avoid confusion and misunderstandings later . Indian River County December 13 , 2011 Page 3 Our invoices are payable upon receipt . If our invoices are not paid within 45 days , we may charge interest on the outstanding balance at the rate of 1 . 0o monthly ( 12o per annum ) , which is consistent with the requirements established by the Florida Legislature in the Local Government Prompt Payment Act , Sections 218 . 70 et seq . , Florida Statutes . Conclusion We hope that our proposal is acceptable to the County . If it is , the appropriate County official should sign in the space provided below and then return a copy of this letter to me . Please call me if you have any questions . We look forward to a pleasant and successful relationship with you and Indian River County . Sincerely , GARDNER , BIST , WIENER , WADSWORTH , BOWDEN , BUSH , DEE , LAVIA & WRIGHT , P . A . By . David S . Dee For the Firm Attachments Accepted and \a �oeCc 600V s :� day of 1�eCern bei . � : 2011 . U . ., N: v Attest : ZrZdian River County Board of County J . K . Barton , CleY�,ly: ��+immissioners Bye" �_ �u�- � �.�1 „- 60 ¢'`"R�!� COUN'�,.�•++ -- � Dpty . Clerky ' Gary C . eeler , Chairman Approved by BCC : 12, 1 � d , 2011 Approved : Approved as to fox d egal sufficiency . J sep Bair , Coun y Alan S . Po wic , Sr . , County Attorney kfiministrator Indian River County December 13 , 2011 Page 4 EXHIBIT A GARDNER , BIST , WIENER , WADSWORTH , BOWDEN , BUSH , DEE , LAVIA & WRIGHT , P . A . RATE AMANDA H . ANDERSON $ 150 per hour MICHAEL P . BIST $ 225 per hour GARVIN B . BOWDEN $ 185 per hour BENJAMIN B . BUSH $ 185 per hour DAVID S . DEE $ 225 per hour ERIN W . DUNCAN $ 150 per hour CHARLES R . GARDNER $ 225 per hour JOHN T . LAVIA , III $ 200 per hour MURRAY M . WADSWORTH * $ 225 per hour MURRAY M . WADSWORTH , JR . $ 200 per hour BRUCE I . WIENER $ 225 per hour WENDY RUSSELL WIENER $ 200 per hour ROBERT SCHEFFEL WRIGHT $ 225 per hour * Of Counsel Gardner, Bist,Wiener, GBWadsworth , Bowden , Bush , �� � T V V Dee , LaVia & Wright , P.A. ATTORNEYS AT LAW Amanda H . Anderson 1300 Thonlaswood Drive Murray M. Wadsworth* Michael P. Bist Tallahassee , Florida 32308 Murray M. Wadsworth , Jr. Garvin B. Bowden Bruce I . Wiener** Benjamin B . Bush www.gbwlegal. com Wendy Russell Wiener David S. Dee Telephone Facsimile Robert Scheffel "Schef' Wright Grin W. Duncan 850 . 385 . 0070 850. 385 . 5416 Charles R. Gardner * OfCowlsel John T. LaVia, III "Board Certifier) Real Estate Lawyer DAVID S . DEE David S . Dee is a shareholder (partner) in the law firm of Gardner, Bist, Wiener, Wadsworth, Bowden, Bush, Dee , LaVia & Wright, P . A . , and has 32 years of experience in the areas of environmental , land use , administrative , and governmental law. Mr . Dee routinely handles cases involving environmental permitting, enforcement proceedings , agency rulemaking , and litigation . He has worked extensively with local , regional , state , and federal environmental agencies . He has represented counties , municipalities , environmental organizations , and private developers in a wide variety of cases throughout Florida. Mr . Dee has successfully handled major, complex cases involving electrical power plants, industrial facilities , landfills , resource recovery (wasteAo - energy) facilities , cogeneration facilities , CERCLA ( Superfund) sites , industrial and domestic wastewater treatment plants , mines , port expansion projects , groundwater contamination , and dredge and fill activities . Mr. Dee received a Bachelor of Arts degree in 1974 from Emory University and a Juris Doctor degree with high honors in 1979 from Florida State University . He is a member of several honorary organizations , including Phi Beta Kappa, Omicron Delta Kappa, and the Order of the Coif. He has been selected for several Who ' s Who publications , Outstanding Young Men in America, Florida Super Laws , Leadin , Florida Attorneys , The Best Attorneys Network, America ' s Leading Lawyers for Business , and The Best Lawyers in America . Mr . Dee was selected by Best Attorneys as the 2012 "Attorney Of The Year" in Tallahassee in the area of Environmental Litigation . He has been admitted to practice in all of the state and federal courts in Florida, plus the U . S . Courts of Appeals for the 11th Circuit and the District of Columbia. He has an " Av " rating in the Martindale-Hubbell legal directory . Mr. Dee was the Chairman of the Environmental and Land Use Law Section of the Florida Bar Association . He served on the Section' s Executive Council for eight years . Mr . Dee has lectured at more than 100 environmental law seminars , including programs conducted by the Florida Bar Association, the Florida Chamber of Commerce , and other state and national organizations . Mr . Dee is the Chairman of the Advisory Board for the University of Florida' s Hinkley Center for Solid and Hazardous Waste Management . He is an active member of the Florida Chapter of the Solid Waste Association of North America ( S WANA) . Mr . Dee received SWANA Professional Achievement Awards in 1990 and 1993 . He also has worked with the David S . Dee Page 2 U . S . Conference of Mayors and its affiliate, the Municipal Waste Management Association, on regulatory issues . In 2006 , Mr. Dee successfully completed the TREEO training course for landfill operators . Mr . Dee is a graduate of the Leadership Tallahassee and Leadership Florida programs , which are sponsored by the Tallahassee and Florida Chambers of Commerce , respectively . He served two terms on the Board of Regents for Leadership Florida. Mr . Dee was a member of the Board of Directors of Goodwill Industries of the Big Bend , Inc . , for nine years and served as the President of the Board . He served on the Board of Directors for the Tallahassee Chapter of the American Red Cross . Mr . Dee was a volunteer in the American Peace Corps in Nepal and Ethiopia . Mr. Dee has significant experience with the Florida Electrical Power Plant Siting Act ("PPSA") and many of the other environmental regulations applicable to electrical generating facilities . He has handled the permitting of many major construction projects involving electrical generating facilities , including new facilities on " green field " sites . He also routinely works on state and federal issues involving major sources of air pollution, including permits issued pursuant to the program for the prevention of significant deterioration ("PSD ") of air quality . For example, in 2010 Mr . Dee helped Gainesville Renewable Energy Center, LLC obtain the PPSA and PSD approvals for a new electrical power plant that will burn biomass (wood) to generate 100 megawatts ("MW") of electricity for Gainesville Regional Utilities . In 2010 - 11 Mr. Dee also helped the Solid Waste Authority of Palm Beach County obtain the PSD permit and PPSA approval for a new resource recovery facility (a/k/a waste4o - energy facility) that will burn 3 , 000 tons per day of municipal solid waste to generate approximately 100 MW of electricity . Mr . Dee has considerable experience with solid waste management issues . Among other things , Mr. Dee : (a) obtained the state and federal environmental permits for Pasco County' s resource recovery facility, Class I landfill , and associated facilities ; (b) obtained the state and federal environmental permits for Hillsborough County ' s resource recovery facility (Units I - 3 ) and expansion (Unit 4) ; (c) obtained the state and federal permits for Lee County' s resource recovery facility (Units 1 and 2) and expansion (Unit 3 ) ; (d) obtained the state and federal permits for two biomass -fired cogeneration facilities (Okeelanta and Osceola) in Palm Beach County, as well as the PPSA and PSD approvals for the expansion of the Okeelanta facility, and the PPSA approval for the Class I landfill that will receive the ash generated by the Okeelanta facility ; David S . Dee Page 3 (e) obtained the PPSA and PSD approvals for major retrofits of the Pinellas County resource recovery facility, as well as the PSD permit for a major retrofit of the City of Tampa' s resource recovery facility; (f) obtained the solid waste permit for the construction of Hillsborough County' s Class I Southeast Landfill ; (g) obtained the solid waste permit for the expansion of Hernando County' s Croom Road Class I landfill ; (h) obtained the solid waste permit for the construction of Hernando County' s Northwest Landfill ; (i) obtained the solid waste permits for the closure of St . Johns County' s Class I landfill and the construction of a new Class I landfill ; 0 ) obtained all of the environmental permits for a new regional landfill serving Lee and Hendry Counties ; (k) obtained all of the environmental permits for a new regional landfill in Osceola County; (1) obtained the solid waste permit and ERP for a new regional landfill in Sumter County ; (m) successfully opposed the issuance of the permits for the City of Jacksonville ' s proposed Class I Southeast Landfill ; (n) successfully opposed the permits for the expansion of the Class I Baker Landfill in Okaloosa County ; (o) assisted Escambia County with numerous regulatory issues affecting the County ' s active Perdido Landfill and several closed landfills ; (p) obtained the permits for two new landfills in Charlotte County for construction and demolition debris ; (q) assisted a private company obtain solid waste permits for the construction of a solid waste composting facility ; (r) assisted with the preparation of Dade County' s solid waste master plan ; David S . Dee Page 4 ( s) represented various local governments in rulemaking proceedings concerning DEP solid waste regulations , including the DEP landfill rules in Chapter 62 - 701 and the ash rules in Chapter 62 - 702 , Florida Administrative Code ; (t) assisted many local governments with their efforts to evaluate solid waste " flow control " issues , (u) assisted many local governments with the development of solid waste ordinances , franchise agreements , collection contracts , and other contracts involving solid waste issues ; (v) assisted Alachua County with the drafting and negotiation of a contract for the design, permitting, construction, and operation of a transfer station ; (w) assisted Leon County and the City of Key West with the preparation of requests for proposals ("RFP") and contracts for the transport and disposal of solid waste; (x) assisted Martin County, Collier County , and Alachua County with the negotiation and preparation of contracts for the transport and disposal of solid waste ; (y) represented local governments before the Florida Legislature on a variety of issues , including legislation that would : create a moratorium on resource recovery facilities ; authorize the beneficial reuse of ash; restrict local governments ' ability to manage solid waste ; and create new requirements for construction and demolition debris landfills ; (z) represented Lee County in formal administrative hearings that resulted in the issuance of a DEP renewal permit for the continued operation of the Gulf Coast Class I Landfill ; (aa) represented Leon County and TLA- Cambridge , LLC , respectively , in formal administrative hearings that resulted in the issuance of the DEP permits for the construction of their proposed transfer stations ; (bb) served on the City of Key West' s Technical Advisory Committee for solid waste issues ; and (cc) assisted St . Lucie County and other communities with their efforts to evaluate plasma arc gasification and other waste conversion technologies . David S . Dee Page 5 Employment History 2006 -August 2011 Young van Assenderp, P . A . 1995 - 2005 Landers & Parsons , P . A . 19814995 Carlton, Fields , Ward, Emmanuel , Smith & Cutler, P . A . 19794981 Hopping Boyd Green & Sams , P . A .