Agenda 10/22/2019 Item #16K1 (Settlement Agreement - Johnson Controls)10/22/2019
EXECUTIVE SUMMARY
Recommendation to approve a Settlement Agreement and Release in the contract dispute case
styled Johnson Controls, Inc., v. Collier County Board of County Commissioners, Case No. 2019-CA-
3326, now pending in the Twentieth Judicial Circuit Court in and for Collier County, Florida.
(Fiscal Impact: $105,000)
OBJECTIVE: To obtain Board approval to enter into a Settlement Agreement and Release with Johnson
Controls, Inc., (“JCI”), that will resolve and dismiss the pending contract payment dispute lawsuit against
the County.
CONSIDERATIONS: JCI provided various energy management, preventative maintenance and
mechanical contractor services at County-owned facilities for a number of years. A large volume of the
work JCI performed arose under the following two agreements: (1) Agreement No. 10 -5373 for Energy
Management Services, and (2) Agreement No. 15-6432 for Preventative Maintenance Inspection Services
and On-Call Mechanical Contractor Services. During the course of receiving work under those contracts,
disputes arose as to the correct manner of payment in accordance with the terms in which various projects
were quoted and work orders were issued. At one point, an outstanding balance in excess of seven
figures remained unpaid, which was dramatically reduced through the joint efforts of the County and JCI.
Notwithstanding that effort, additional invoices remained unpaid until ultimately JCI placed all Collier
County accounts on a credit hold pursuant to a June 14, 2017 letter issued by its Florida Area Service
Manager.
The County undertook further efforts to resolve the payment issues with JCI, which resulted in the
Board’s approval of a further payment of $61,060.90 for various invoices on January 24, 2017 (Agenda
Item 16.E.1). Notwithstanding that effort, on August 19, 2019, JCI filed the above-referenced lawsuit
against the County alleging various claims based on breach of contract, the failure to pay the balance of
an account stated, as well as, allegations that the County unreasonably delayed various projects resulting
in extended overhead impacts. JCI is seeking total damages against the County in excess of $176,529.50,,
not including interest, costs and attorneys’ fees, which it also seeks to recover in its lawsuit.
Following service of the lawsuit, the County Attorney’s Office, (“CAO”) entered into a Joint Motion to
Stay the court proceedings with JCI, so that the parties could engage in further settlement discussions,
including participating in formal mediation. On September 17, 2019, the Court entered an Agreed Order
to stay the proceedings and the parties scheduled mediation for October 28, 2019.
Soon thereafter, the CAO’s office and the attorneys for JCI re -engaged in settlement discussions.
Through counsel’s extensive negotiations a tentative settlement was reached, contingent upon Board
approval.
The terms of the settlement recommended for Board approval are that in exchange for Collier County’s
payment of $105,000.00, JCI will voluntarily dismiss its lawsuit against the County with prejudice and
the parties will enter into a settlement agreement and mutual release as to the issues raised in the lawsuit.
Attached as back-up to this recommendation is a copy of the Settlement Agreement and Release for the
Chairman’s signature.
FISCAL IMPACT: Funds in the amount of $105,000.00 are available as follows:
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Fund Total
General Operating Fund (001) $ 8,216.64
Community Development Operating Fund
(113)
$ 8,421.47
County Wide Capital Fund (301) $ 32,839.20
Water Capital Fund (412) $ 32,883.42
Wastewater Capital Fund (414) $ 22,483.93
Solid Waste Capital Fund (474) $ 155.34
Grand Total $ 105,000.00
LEGAL CONSIDERATIONS: This item has been prepared by the CAO, is approved as to form and
legality, and requires a majority vote for Board approval. -SRT
RECOMMENDATION: That the Board of County Commissioners approves a Settlement Agreement
and Release in the contract dispute case styled Johnson Controls, Inc. v. Collier County Board of County
Commissioners, Case No. 2019-CA-3326, now pending in the Twentieth Judicial Circuit Court in and for
Collier County, Florida, authorizes its Chairman to sign the attached Settlement Agreement and Release
on behalf of the Board, and approve all necessary budget amendments.
Prepared by: Scott R. Teach, Deputy County Attorney
ATTACHMENT(S)
1. Settlement Agreement and Release (PDF)
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COLLIER COUNTY
Board of County Commissioners
Item Number: 16.K.1
Doc ID: 10529
Item Summary: Recommendation to approve a Settlement Agreement and Release in the contract
dispute case styled Johnson Controls, Inc., v. Collier County Board of County Commissioners, Case No.
2019-CA-3326, now pending in the Twentieth Judicial Circuit Court in and for Collier County, Florida.
(Fiscal Impact: $105,000)
Meeting Date: 10/22/2019
Prepared by:
Title: Legal Assistant/Paralegal – County Attorney's Office
Name: Virginia Neet
10/14/2019 4:20 PM
Submitted by:
Title: County Attorney – County Attorney's Office
Name: Jeffrey A. Klatzkow
10/14/2019 4:20 PM
Approved By:
Review:
County Attorney's Office Scott Teach Level 2 Attorney Review Completed 10/14/2019 4:41 PM
Office of Management and Budget Laura Wells Level 3 OMB Gatekeeper Review Completed 10/14/2019 4:45 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 10/15/2019 8:35 AM
Budget and Management Office Mark Isackson Additional Reviewer Completed 10/15/2019 10:31 AM
County Manager's Office Leo E. Ochs Level 4 County Manager Review Completed 10/15/2019 10:49 AM
Board of County Commissioners MaryJo Brock Meeting Pending 10/22/2019 9:00 AM
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