Agenda 06/14/2011 Item #16K8
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6/14/2011 Item 16.K.8.
EXECUTIVE SUMMARY
Recommendation that the Board of County Commissioners authorizes an increase in the
purchase order for Carlton Fields, P.A. to exceed the $100,000.00 cap in the case of Collier
County v. John Reynolds & Sons, [nc., et al., Case No. 10-6658-CA (South Reverse Osmosis
Raw Water Wellfield Pipeline Project No. 70030)(Fiscal Impact an additional 5150,000.00).
OBJECTIVE: That the Board of County Commissioners increase a purchase order exceeding
the $100,000.00 cap for Carlton Fields, P.A., in accordance with Collier County's contract with
Carlton Fields, P.A. to provide continued litigation SUPPOlt services in the case of Collier County
v. John Reynolds & Sons, Inc., et al., Case No.1 0-6658-CA.
CONSIDERATIONS: Collier County retained the law firm of Carlton Fields to assist as co-
counsel in the above-referenced lawsuit, which seeks damages incurred as a result of failures
pertaining to the construction of the South Reverse Osmosis WeIIfield pipeline. The current
defendants in the lawsuit are the contractor, John Reynolds & Sons, Inc. and its surety, Travelers
Casualty and Surety Company of America; but additional defendants may be added in the future.
This case is a complex matter involving several claims, numerous witnesses, experts, and the
defense of a counterclaim against the County. The County's damages are estimated as
$9,000,000. Written discovery is ongoing with depositions of witnesses to commence in the
future.
Staff is requesting an increase in the purchase order for Carlton Fields, P.A., to provide for its
continued representation on this matter through trial. While it is difficult to ascertain with
particularity how much outside counsel fees may total in this case through trial (if necessary),
those fees could range roughly $300,000 to $400,000. At this time, Staff requests Board
authority to increase the current purchase order by $150,000.00 and will report back to the Board
incrementally if additional resources are required.
FISCAL IMPACT: Funds in the amount of$150,000 are budgeted in the South RO WeIlfield
Raw Water Transmission Main Repair Project, 70030. Source of funds is Water User Fees (412).
LEGAL CONSIDERATIONS: This item has been reviewed and approved by the County
Attorney's Office, is legaIIy sufficient for Board action and only requires a majority vote for
Board approval-SRT.
GROWTH 1\1ANAGEMENT IMPACT: None.
RECOMMENDATION: That the Board of County Commissioners authorizes an increase to
the existing purchase order for Carlton Fields, P.A. for an additional $150,000.00 for services
provided in the case of Collier County v. John Reynolds & Sons, Inc., et al., Case No.1 0-6658-
CA (South Reverse Osmosis Raw Water Wellfield Pipeline Project No. 70030).
PREPARED BY: Scott R. Teach, Deputy County Attorney
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6/14/2011 Item 16.K.8.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.K.B.
Item Summary: Recommendation that the Board of County Commissioners authorizes an
increase in the purchase order for Carlton Fields, P .A. to exceed the $100,000.00 cap in the case
of Collier County v. John Reynolds & Sons, Inc., et aI., Case No. 10-665B-CA (South Reverse
Osmosis Raw Water Wellfield Pipeline Project No. 70030)(Fiscallmpact an additional $150,000).
Meeting Date: 6/14/2011
Prepared By
Name: CrotteauKathynell
Title: Legal Secretary, County Attorney
6/3/2011 4:20:02 PM
Approved By
Name: TeachScott
Title: Deputy County Attorney,County Attorney
Date: 6/6/2011 2:28:22 PM
Name: KlatzkowJeff
Title: County Attorney,
Date: 6/7/2011 9:06:26 AM
Name: UsherSusan
Title: ManagementlBudget Analyst, Senior,Office of Manage
Date: 6/7/2011 6:53:28 PM
Name: GreenwaJdRandy
Title: ManagementIBudget Analyst,Office of Management & B
Date: 6/8/2011 9:37:56 AM
Name: OchsLeo
Title: County Manager
Date: 6/8/2011 11:35:14 AM
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