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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 Packet Pg. 383 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 Packet Pg. 384