HomeMy WebLinkAbout2011-184A Gardner, Bist,Wiener,
GBWadsworth , Bowden ,
®� � TBush ,
V V Dee , LaVia & Wright , P.A.
ATTORNEYSATI.AW
Amanda H. Anderson 1300 Thomaswood Drive Murray M. Wadsworth'
Michael 1'. Bist Tallahassee , Florida 32308 Murray M. Wadsworth , Jr.
Bruce I . Wiener"
Garvin B . Bowden Wendy Russell Wiener
Benjamin B . Bush wwwwlgbwlegal . com Facsimile Robert Scheffel "Schel" Wright
David S . Dee Telephone
Erin W. Duncan 850 . 385 . 0070 850 . 385 . 5416
' Of Counsel
Charles R. Gardner "Board Certified Real Estate Lawyer
John T. LaVia, III
September 26 , 2011
Alan S . Polackwich , Sr .
County Attorney
Indian River County
1801 27th Street
Vero Beach , Florida 32960 - 3365
Re : Environmental Law Services
Dear Mr . Polackwich :
In 2008 , the Solid Waste Disposal District ( " District " )
of Indian River County asked me to assist the District with
various environmental law issues affecting the District ' s
solid waste management program . Among other things , I was
asked to assist the District with : ( a ) the District ' s
evaluation of the responses to the District ' s Request For
Proposals ( " RFP " ) for landfill gas ( " LFG 'r ) and other waste -
to - energy ( " WTE " ) projects ; ( b ) the negotiation and
preparation of a contract for the LFG or WTE project
selected by the District ; ( c ) the District ' s evaluation of
the INEOS - New Planet Energy proposal ; ( d ) solid waste " flow
control " issues ; and ( e ) other issues that might arise from
time - to - time . Since I was a shareholder in Young van
Assenderp , P . A . ( 11YVA " ) in 2008 , the District retained YVA
to provide these services , but I had primary responsibility
for all of the legal work performed by YVA for the District .
On September 1 , 2011 , I joined Gardner , Bist , Wiener ,
Wadsworth , Bowden , Bush , Dee , LaVia & Wright , P . A . ( " Firm " ) .
On behalf of the Firm , I am sending you this letter to
confirm that I would be delighted to continue to assist the
District with its environmental law issues . The other
Indian River County
September 26 , 2011
Page 2
members of the Firm and I also will be available to assist
the District with other issues , if requested to do so .
Accordingly , I have prepared this engagement letter , which
describes the general principles that will govern our work
for the District .
Qualifications and Case Management
With the District ' s approval , I will take primary
responsibility for assisting the District and I will
personally perform or supervise the Firm ' s work for the
District . For your reference , a copy of my resume is
attached hereto .
I will work closely with you and other representatives
of the District to ensure that the District ' s cases are
staffed appropriately . We want the District ' s work to be
performed in the most efficient and cost - effective manner
possible , while fully utilizing the Firm ' s expertise .
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 District , the Firm ' s rates will be reduced so
that they are consistent with the rates I proposed to the
District in 2008 . 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
District 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 District ' s work is performed as efficiently
as possible . When it is appropriate , we will assign tasks
Indian River County
September 26 , 2011
Page 3
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 long distance telephone calls , computer research
services , copying charges , travel and out - of - pocket
expenditures . Our requests for reimbursements from the
District 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 District 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 District may have its own
limitations on reimbursements for costs and out - of - pocket
expenditures . We will comply with any reasonable
limitations imposed by the District , but we ask that such
limitations be identified now so we can avoid confusion and
misunderstandings later .
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 . 0 % monthly ( 12 % per
annum ) , which is consistent with the requirements
established by the Florida Legislature in the Florida Prompt
Payment Act , Sections 218 . 70 et seq . , Florida Statutes .
Conclusion
We hope that our proposal is acceptable to the
District . If it is , the appropriate District official
should sign in the space provided below and then return a
copy of this letter to me .
Indian River County
September 26 , 2011
Page 4
The effective date of this agreement will be deemed to
be September 1 , 2011 . This effective date will allow me to
bill the District for any work I perform for the District in
September , before this agreement is signed by the District .
Please call me if you have any questions . We look
forward to a pleasant and successful relationship with you
and the Solid Waste Disposal District of Indian River
County .
Sincerely ,
GARDNER , BIST , WIENER , WADSWORTH ,
BOWDEN , BUSH , DEE , LAVIA & WRIGHT ,
P
By :
David S . Dee
For the Firm
Attachments
Accepted and agreed to this . 196 day of
2011 .
Solid Waste Disposal District
of Indian River County
By :
Indian River County
September 26 , 2011
Page 5
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 $ 200 per hour
BENJAMIN B . BUSH $ 200 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,
BWWadsworth , Bowden , Bush ,
Dee , LaVia & Wright , P.A.
A77ORNEYSAT LAW
Amanda H . Anderson 1300 Thomaswood Drive Murray M . Wadsworth"
Michael Y. Bist Tallahassee , Florida 32308 Murray M . Wadsworth , Jr.
Garvin B . Bowden Bruce I . Wiener" "
Wendy Russell Wiener
Benjamin B . Bush www . gbwlegal . com
David S. Dee 'telephone Facsimile Robert Scheffel "Schef' Wright
Erin W. Duncan 850 . 385 . 0070 850 . 385 . 5416
'
Qf Charles R. Gardner Counsel
John T. LaVia, III "*BoardQoard Certfiw
ed Rea! Estate Layer
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 (waste -to - 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 Lawyers , Leading Florida Attorneys , The Best Attorneys Network,
America' s Leading) Lawyers for BLisiness , and The Best Lawyers in America .
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 ( SWANA) . Mr . Dee received
SWANA Professional Achievement Awards in 1990 and 1993 . He also has worked with the
U . S . Conference of Mayors and its affiliate , the Municipal Waste Management Association, on
David S . Dee
Page 2
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
buns 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 1 - 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 ;
(c) 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 'ITLA -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 are gasification and other innovative waste conversion technologies .
Dori Roy
From : Alan Polackwich [ apolackwich@ircgov . com ]
Sent : Wednesday , September 28 , 2011 11 : 28 AM
To : Himanshu Mehta ; Alan Polackwich
Cc : Jason Brown ; Joe Baird ; Erik Olson ; Dori Roy
Subject : RE : David Dee ' s work for Indian River County
Based on this , Joe should go ahead and sign the engagement letter with David ' s new firm . Then , if
Himanshu / Erik want to increase the 325K limit , they can bring forward an agenda item before the limit
is reached . I will re -forward the engagement letter to Joe . Once signed , it should be emailed and
mailed to David .
Alan P
Alan S . Polackwich , Sr .
County Attorney , Indian River County
1801 27th Street
Vero Beach , FL 32960
tele # 1 - 772 - 226 - 1424
fax # 1 - 772 - 569 -4317
apolackwich@ircgov . com
From : Himanshu Mehta [ mailto : hmehta@ircgov . com ]
Sent : Tuesday, September 27 , 20114 : 26 PM
To : Alan Polackwich
Cc : Jason Brown ; Joe Baird ; Erik Olson
Subject : RE : David Dee' s work for Indian River County
Alan ,
On 11 / 4/ 08 , BCC Board Item 15 . 13 . 2 , approved $ 25 , 000 for outside legal services .
The following payments have been made to David ' s previous firm :
8/ 1/ 11 — Payment - $ 8 , 325 . 00
6/ 17/ 11 — Payment - $ 7 , 200 . 00
4/ 14/ 09 — Payment - $ 343 . 20
2 / 13/ 09 — Payment - $ 405 . 00
12/4/ 08 — Payment - $ 225 . 00
Total : $ 16 , 498 . 20
So we have $ 8 , 501 . 80 remaining ; however at his rate of $ 225 per hour this is about 37 hours .
Given our discussion about C & D recycling and possible modifications of our interlocal agreements , it may be a
good idea to utilize David ' s expertise in these areas as well .
I recommend that we take a Board item increasing the amount by $ 10, 000 .
Thank you ,
i
Himanshu
From : Alan Polackwich [ mailto : apolackwich@ircgov . com ]
Sent : Tuesday, September 27, 20112 : 28 PM
To : Himanshu Mehta ; Erik Olson ; Alan Polackwich
Cc : Jason Brown ; Joe Baird
Subject : RE : David Dee's work for Indian River County
My thinking is that in 2008 the BCC approved the hiring and a limit , I believe - $ 20K . If
we are still
within the limit , BCC approval is not needed to follow Dees to his new firm . If we are above the
limit ,
or you want to increase the limit , BCC approval is needed .
Alan S . Polackwich , Sr .
County Attorney , Indian River County
1801 27th Street
Vero Beach , FL 32960
tele # 1 - 772 - 226 - 1424
fax # 1 - 772 - 569 -4317
apolackwich@ircgov . com
From : Himanshu Mehta [ mailto : hmehta@ircgov . com ]
Sent : Tuesday, September 27, 2011 1 : 06 PM
To : Erik Olson ; Alan Polackwich
Cc : Jason Brown
Subject : RE : David Dee ' s work for Indian River County
I recommend that we take an item to the SWDD Board for approval . This will allow us to update the budget
amount and funding source .
From : Erik Olson [ mailto : eolson@ircgov . com ]
Sent : Tuesday, September 27, 2011 7 : 48 AM
To : Alan Polackwich ; Himanshu Mehta
Subject : RE : David Dee ' s work for Indian River County
While I concur with continuing with David , I believe that the signature should either be Joe ' s or we take it to
the
Commission for the Chairman ' s signature .
From : Alan Polackwich [ mailto : apolackwich@ircgov . com ]
Sent : Monday, September 26, 2011 5 : 38 PM
To : Erik Olson ; Himanshu Mehta
Subject : FW : David Dee' s work for Indian River County
Do you want to approve this letter . . . are we still within the BCC ' s approval in 2008 ?
Alan S . Polackwich , Sr .
County Attorney , Indian River County
1801 27th Street
Vero Beach , FL 32960
tele # 1 - 772 - 226 - 1424
fax # 1 - 772 - 569 -4317
apolackwich@ircgov . com
2
From : David Dee [ mailto : ddee@gbwlegal . com ]
Sent : Monday, September 26 , 20113 : 46 PM
To : Alan Polackwich
Cc : Himanshu Mehta ; Erik Olson
Subject : David Dee' s work for Indian River County
Alan ,
As you know, I recently joined a new law firm . Accordingly, I have prepared an engagement letter for Indian River
County and my new firm , based on the terms , conditions , and hourly rates that were approved in 2008 .
The effective date of the engagement letter is shown as September 1 , so that I can assist the County with the INEOS
New
Planet Energy contract this week, if necessary, even if the engagement letter is not signed until later .
Please let me know if you have any questions .
David S. Dee, Esq .
Gardner, Bist, Wiener, Wadsworth, Bowden, Bush, Dee, LaVia & Wright, P. A .
1300 Thomaswood Drive
Tallahassee, FL 32308
Telephone : (850) 385 - 0070
Cell: (850) 566-5810
Facsimile : (850) 385 -5416
E- Mail: ddee@gbwlegal. com
h ttp :llwww. gbwlegol. com
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