Agenda 10/28/2014 Item #16K110/28/2014 16.K.1.
EXECUTIVE SUMMARY
Recommendation to authorize an increase to the purchase order for Nabors, Giblin & Nickerson,
P.A. ( "Nabors Giblin ") relating to legal services in the case of Collier County v. Orange Tree Utility
Co., et al, Case No. 2014 -CA- 001434.
OBJECTIVE: That the Board of County Commissioners, and as the Ex- Officio Governing Board of the
Collier County Water -Sewer District ( "CCWSD "), authorize an increase of $50,000.00 to the existing
purchase order for outside counsel Nabors Giblin to provide continued services in the case of Collier County
v. Orange Tree Utility Co., et al, Case No. 2014 -CA- 001434.
CONSIDERATIONS: The County retained the law firm of Nabors Giblin to assist the County in the
acquisition and integration of the Orange Tree Utility Company into the Collier County Water -Sewer
District.
The County's Continuing Retention Agreement (the "Agreement ") with Nabors Giblin dated September 10,
2013 states, in part, at Exhibit A: "Nabors, Giblin's fee shall not exceed $100,000.00 without the approval of
the Board of County Commissioners. Any expenditure beyond the initial $100,000.00 approval by the Board
of County Commissioners must have Board approval prior to work being performed." The Board previously
approved increases to the Purchase Order above the Agreement's threshold amount in connection with the
necessary due diligence being conducted in pursuing integrating the Orange Tree Utility Company into the
CCWSD.
At its May 13, 2014 meeting, the Board directed the County Attorney to file suit to enforce the County's
right to integrate the Orange Tree Utility into the CCWSD and to recover damages, as appropriate (item
16K4). Since that time, continued efforts have been made to resolve this issue through settlement
discussions and actions taken in the lawsuit filed by the County. Those parallel efforts continue but there are
future hearings scheduled and there is a need to increase the existing P.O. to provide payment for Nabors
Giblin's services. At this time, staff is requesting that the P.O. be increased an additional $50,000.
FISCAL IMPACT: The funds for the referenced outside counsel fees are in the budget of the Public
Utilities Division. There is no additional fiscal impact associated with this Executive Summary.
LEGAL CONSIDERATIONS: This item is approved as to form and legality, and requires majority
vote for Board approval. —SRT
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this
Executive Summary.
RECOMMENDATION: That the Board of County Commissioners, and as the Ex- Officio Governing
Board of the Collier County Water -Sewer District, authorize an increase of $50,000.00 to the existing
purchase order for outside counsel Nabors Giblin to provide continued services in the case of Collier County
v. Orange Tree Utility Co., et al, Case No. 2014 -CA- 001434.
Prepared by: Scott R. Teach, Deputy County Attorney
04 -coa- 01158/3048
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10/28/2014 16.K.1.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.K.16.K.1.
Item Summary: Recommendation to authorize an increase to the purchase order for
Nabors, Giblin & Nickerson, P.A. ( "Nabors Giblin") relating to legal services in the case of Collier
County v. Orange Tree Utility Co., et al, Case No. 2014 -CA- 001434.
Meeting Date: 10/28/2014
Prepared By
Name: CrotteauKathynell
Title: Legal Secretary, CAO Office Administration
10/10/2014 4:06:15 PM
Approved By
Name: TeachScott
Title: Deputy County Attorney, County Attorney
Date: 10/13/2014 10:58:06 AM
Name: YilmazGeorge
Title: Administrator - Public Utilities, Public Utilities Division
Date: 10/16/2014 2:50:07 PM
Name: KlatzkowJeff
Title: County Attorney,
Date: 10/16/2014 4:12:13 PM
Name: IsacksonMark
Title: Director -Corp Financial and Mngmt Svs, Office of Management & Budget
Date: 10/20/2014 10:59:23 AM
Name: OchsLeo
Title: County Manager, County Managers Office
Date: 10/20/2014 12:23:57 PM
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