Agenda 05/10/2022 Item #16A 6 (Increase PO for Carlton Fields, PA re: WPM AND CC)05/10/2022
16.A.6
EXECUTIVE SUMMARY
Recommendation to approve an increase in the purchase order for Carlton Fields, P.A. to
pay final expenses resulting from the dispute resolution process that culminated in the
Board approved settlement between WPM -Southern, LLC, the City of Naples, Florida, Q.
Grady Minor & Associates, P.A., and Collier County. (Fiscal Impact $17,000).
OBJECTIVE: That the Board authorize an increase to the Purchase Order for outside counsel
Carlton Fields, P.A. (the "Firm"), in accordance with Collier County's Board approved retainer
agreement with the Firm to pay final expenses, primarily consisting of remaining mediation and
expert consultant related fees.
CONSIDERATIONS: Collier County retained the Firm to assist as co -counsel in resolving a
construction -related dispute concerning the West Goodlette-Frank Road Area Stormwater-Sewer
Project (the "Project"). After more than a year of review, negotiation, and two formal all -day
mediation sessions, the contractor, WPM -Southern, LLC, City of Naples, Q. Grady Minor, and
the County reached a recommended settlement that was ultimately approved by the Board at its
March 22, 2022 meeting (Agenda Item 16.K.5).
As an administrative convenience to the County, and as permitted under the retainer agreement,
in this type of engagement the Firm will often directly retain experts and mediators and remit
those expenses (with no additional markup or cost to the County) along with their own invoices
for payment. Although the Firm's attorneys' fees were well below the existing Purchase Order
amount, the mediator and expert scheduling consultant fees billed in the last two invoices caused
the final balance owed to exceed the existing Purchase Order amount by $16,677.72. Those fees
were anticipated and necessary to reach the successful settlement resolution, which ultimately
allowed the County to avoid incurring much greater costs.
Staff is requesting an increase in the Firm's Purchase Order in the amount of $17,000 to cover
the remaining fees of $16,677.72. No further fees or costs are anticipated on this matter and
staff will close out the Purchase Order once the final payment is processed.
FISCAL IMPACT: Funds in the amount of $17,000 are budgeted in the West Goodlette Frank
Debt Fund, Project 60142 for this expense. Source of funds is Stormwater Debt Fund.
LEGAL CONSIDERATIONS: This item has been reviewed and approved by the County
Attorney's Office, is legally sufficient for Board action and only requires a majority vote for
Board approval-SRT.
GROWTH MANAGEMENT IMPACT: None.
RECOMMENDATION: That the Board authorizes an increase to the existing purchase
order for Carlton Fields, P.A., in the amount of $17,000 to cover the remaining $16,677.72
expenses incurred in reaching a successful pre -suit resolution of this dispute.
PREPARED BY: Scott R. Teach, Deputy County Attorney
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16.A.6
05/10/2022
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.6
Doe ID: 22103
Item Summary: Recommendation to approve an increase in the purchase order for Carlton Fields,
P.A. to pay final expenses resulting from the dispute resolution process that culminated in the Board
approved settlement between WPM -Southern, LLC, the City of Naples, Florida, Q. Grady Minor &
Associates, P.A., and Collier County. (Fiscal Impact $17,000).
Meeting Date: 05/10/2022
Prepared by:
Title: — County Attorney's Office
Name: Madison Bird
05/02/2022 9:59 AM
Submitted by:
Title: County Attorney — County Attorney's Office
Name: Jeffrey A. Klatzkow
05/02/2022 9:59 AM
Approved By:
Review:
Growth Management Department
County Attorney's Office
County Attorney's Office
Office of Management and Budget
Office of Management and Budget
County Manager's Office
Board of County Commissioners
Trinity Scott
Transportation
Scott Teach
Level 2 Attorney Review
Jeffrey A. Klatzkow Level 3 County Attorney's Office Review
Debra Windsor
Level 3 OMB Gatekeeper Review
Susan Usher
Additional Reviewer
Amy Patterson
Level 4 County Manager Review
Geoffrey Willig
Meeting Pending
Completed
05/02/2022 11:26 AM
Completed
05/02/2022 11:51 AM
Completed
05/02/2022 1:14 PM
Completed
05/03/2022 8:20 AM
Completed
05/03/2022 11:22 AM
Completed
05/04/2022 12:29 PM
05/10/2022 9:00 AM
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