Agenda 09/26/2017 Item #16K1809/26/2017
EXECUTIVE SUMMARY
Recommendation to waive any potential conflict of interest and the Chair execute the conflict of
interest waiver form in the cases styled, Jose Encalada. v. Preferred Materials, Inc. and Collier
County, Case No. 15-CA-2124 and Edamis Medina v. Preferred Materials, Inc. and Collier County,
Case No. 17-CA-310, in the Twentieth Judicial Circuit in and for Collier County.
OBJECTIVE: Recommendation that the Board of County Commissioners waive any potential conflict
of interest that may arise through the joint representation by Murnaghan & Ferguson, P.A., of Preferred
Materials, Inc. and Collier County in the cases styled, Jose Encalada. v. Preferred Materials, Inc. and
Collier County, Case No. 15-CA-2124 and Edamis Medina v. Preferred Materials, Inc and Collier
County, Case No. 17-CA-310, pending in the Twentieth Judicial Circuit in and for Collier County.
CONSIDERATIONS: The County and Preferred Materials, Inc. are currently defending against two
personal injury lawsuits wherein both Plaintiffs are claiming injuries received in motor vehicle accidents
due, in part, to allegedly faulty road work. Both Preferred Materials, Inc. and the County deny the
allegations and assert that the work was performed correctly and to County and FDOT standards.
Pursuant to the paving contract between Preferred Materials, Inc. and Collier County, involving the re-
paving on the subject roadway, Preferred Materials, Inc. has agreed to defend and indemnify Collier
County in both cases.
Preferred Materials, Inc. is represented by Murnaghan & Ferguson, P.A., a firm specializing in defending
parties in roadway construction/paving cases. For the firm to also defend Collier County in both cases as
well, with Preferred Materials, Inc. bearing the cost, both parties must waive any potential conflict of
interest involved with the joint representation. Preferred Materials, Inc. has affirmed that it will continue
to defend and indemnify the County, regardless of whether it is later dismissed as a party in either case.
FISCAL IMPACT: There is no fiscal impact other than the positive impact of saving on the costs of
defending the lawsuit at the County’s expense.
GROWTH MANAGEMENT IMPACT: None.
LEGAL CONSIDERATIONS: This item has been approved as to form and legality, and requires
majority support for approval. -KLN
RECOMMENDATION: Recommendation that the Board of County Commissioners waive any
potential conflict of interest and the Chair execute the conflict of interest waiver form in the cases styled,
Jose Encalada. v. Preferred Materials, Inc. and Collier County, Case No. 15-CA-2124 and Edamis
Medina v. Preferred Materials, Inc. and Collier County, Case No. 17-CA-310, in the Twentieth Judicial
Circuit in and for Collier County.
PREPARED BY: Kevin L. Noell, Assistant County Attorney
ATTACHMENT(S)
1. Signed waivers (002) (PDF)
16.K.18
Packet Pg. 3323
09/26/2017
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.K.18
Doc ID: 3645
Item Summary: Recommendation to waive any potential conflict of interest and the Chair execute
the conflict of interest waiver form in the cases styled, Jose Encalada. v. Preferred Materials, Inc. and
Collier County, Case No. 15-CA-2124 and Edamis Medina v. Preferred Materials, Inc. and Collier
County, Case No. 17-CA-310, in the Twentieth Judicial Circuit in and for Collier County.
Meeting Date: 09/26/2017
Prepared by:
Title: Legal Assistant – County Attorney's Office
Name: Rosa Villarreal
08/23/2017 3:28 PM
Submitted by:
Title: County Attorney – County Attorney's Office
Name: Jeffrey A. Klatzkow
08/23/2017 3:28 PM
Approved By:
Review:
Risk Management Jeff Walker Additional Reviewer Completed 08/24/2017 7:46 AM
County Attorney's Office Kevin Noell Level 2 Attorney Review Completed 08/24/2017 8:23 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 08/24/2017 9:48 AM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 08/24/2017 10:41 AM
Budget and Management Office Mark Isackson Additional Reviewer Completed 08/24/2017 11:03 AM
County Manager's Office Leo E. Ochs Level 4 County Manager Review Completed 08/29/2017 2:38 PM
Board of County Commissioners Michael Cox Meeting Completed 09/12/2017 9:00 AM
16.K.18
Packet Pg. 3324
16.K.18.a
Packet Pg. 3325 Attachment: Signed waivers (002) (3645 : Board waive any potential conflict of interest and the Chair execute the conflict of interest waiver)
16.K.18.a
Packet Pg. 3326 Attachment: Signed waivers (002) (3645 : Board waive any potential conflict of interest and the Chair execute the conflict of interest waiver)