Agenda 07/27/2010 Item #16K 4Agenda Item No. 16K4
July 27, 2010
Page 1 of 2
EXECUTIVE SUMMARY
Recommendation that the Board of County Commissioners increase a purchase order for
Carlton Fields, P.A. to exceed the $100,000.00 cap for the case of Collier County v. John
Carlo, Inc., Case No. 09- 8724 -CA (Rattlesnake Hammock Road Improvement Project No.
60169) (Fiscal Impact an additional $125,000.00).
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 support services in the case of Collier County
v. John Carlo, Inc., Case No. 09- 8724 -CA.
CONSIDERATIONS: The law firm of Carlton Fields was retained by Collier County to assist
as co- counsel in this case. - The parties have mediated the case, but were not able to reach a
settlement. As with all construction cases, this case is complex, involving multiple claims, and
includes numerous witnesses. Total claims amount to approximately $9 178 858 05. Several
hours have been spent on discovery. Additional depositions are currently being scheduled.
Arbitration is scheduled for May 3, 2011, and trial is scheduled to begin in July 2011.
Staff is requesting an increase in the purchase order for Carlton Fields, P.A., to provide
additional co- counsel services through remaining discovery, arbitration and trial. Staff
anticipates that this amount should not exceed $225,000.
FISCAL IMPACT: Funds in the amount of $125,000 will come from Transportation
Supported Gas Tax Fund and Impact Fee Funds. Source of funds are Gas Taxes and Impact Fees.
GROWTH MANAGEMENT IMPACT: None.
LEGAL CONSIDERATIONS: This item is legally sufficient for Board action. JWH
RECOMMENDATION: That the Board of County Commissioners accepts the 5125,000
increase of the existing purchase order for Carlton Fields, P.A.
PREPARED BY: Jacqueline Williams Hubbard, Litigation Section Chief
07 -31 1- CA;3579
Agenda Item No. 16K4
July 27, 2010
Page 2 of 2
COLLIER COUNTY
-
BOARD OF COUNTY COMMISSIONERS
Item Number:
16K4
Item Summary:
Recommendation that the Board of County Commissioners
increase a purchase order for
Carlton Fields, P.A. to exceed the $100,000.00 cap for the case of Collier County v. John
Carlo, Inc., Case No. 09- 5724 -CA (Rattlesnake Hammock
Road Improvement Project No.
60169) (Fiscal Impact an additional $125,000.00).
Meeting Date:
7/27/2010 9:00:00 AM
Prepared By
Jacqueline W. Hubbard
Assistant County Attorney
Date
County Attorney
County Attorney Office
7/13/2010 4:31:07 PM
Approved By
Jacqueline W. Hubbard
Assistant County Attorney
Date
County Attorney
County Attorney Office
7/14/2010 3:15 PM
Approved By
Jeff Klatzkow
County Attorney
Date
7/1412010 3:47 PM
- Approved By
Norm E. Feder, AICP
Administrator - Transportation
Date
Transportation Division
Transportation Administration
7!15'201012:05 PM
Approved By
Lisa Tayior
ManagemenCBudget Analyst
Date
Transportation Division
Transportation Administration
711512010 1225 PM
Approved By
OMB Coordinator
Date
County Manager's Office
Office of Management & Budget
7/1512010 3:29 PM
Approved By
Susan Usher
lyanagerrent/Sudget Analyst. Senior
Date
Office of Management &
Budget
Office of Management & Budget
77161210 9:58 PM
Approved By
Mark Isackson
61anagement,Sudget Analyst, Senior
Date
Office of Management &
Budget
Office of Management & Budget
7 /17/2010 1:16 PM