Backup Documents 09/09/2014 Item #16K1 ORIGINAL DOCUMENTS CHECKLIST
ZVTO ACCOMPPAN LL ORIGINAL DOCUMENTS SENT
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office
at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later
than Monday preceding the Board meeting.
**NEW** ROUTING SLIP
Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the
exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attomey Office.
Route to Addressee(s) (List in routing order) Office Initials Date
1.
2.
3. County Attorney Office County Attorney Office SR b<-k 9/9/14
4. BCC Office Board of County
Commissioners S� -\1 vZ.\i
5. Minutes and Records Clerk of Court's Office
q((2 ((L( 3:0401
PRIMARY CONTACT INFORMATION
Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the
addressees above,may need to contact staff for additional or missing information.
Name of Primary Staff Scott R. Teac , Deputy County Attorney Phone Number 252-8400
Contact/ Department
Agenda Date Item was 9/9/14 Agenda Item Number 16-K-1
Approved by the BCC
Type of Document Executive Summary—waive conflict Number of Original One
Attached Documents Attached
PO number or account
number if document is N/A
to be recorded
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not
appropriate. (Initial) Applicable)
1. Does the document require the chairman's original signature? SRT
2. Does the document need to be sent to another agency for additional signatures? If yes, SRT
provide the Contact Information(Name; Agency;Address; Phone)on an attached sheet.
3. Original document has been signed/initialed for legal sufficiency. (All documents to be SRT
signed by the Chairman,with the exception of most letters,must be reviewed and signed
by the Office of the County Attorney.
4. All handwritten strike-through and revisions have been initialed by the County Attorney's SRT
Office and all other parties except the BCC Chairman and the Clerk to the Board
5. The Chairman's signature line date has been entered as the date of BCC approval of the SRT
document or the final negotiated contract date whichever is applicable.
6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's SRT
signature and initials are required.
7. In most cases(some contracts are an exception),the original document and this routing slip SRT
should be provided to the County Attorney Office at the time the item is input into SIRE.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware f your deadlines!
8. The document was approved by the BCC on 9/9/1 nd all changes made during the SRT a
meeting have been incorporated in the attached document. The County Attorney's `��� 1 _«
Office has reviewed the changes, if applicable.
45 y'
9. Initials of attorney verifying that the attached document is the version approved by the SRT 4£rr
BCC, all changes directed by the BCC have been made, and the document is ready for e _�
Chairman's signature. 0 4<fis;.: ��
1:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12
16 }< i.
MEMORANDUM
Date: September 16, 2014
To: Scott Teach, Deputy County Attorney
Collier County Attorney's Office
From: Ann Jennejohn, Deputy Clerk
Minutes & Records Department
Re: Written consent waiving any conflict the Board may have in regards
to the State Lobbyist Services Contract with Burt Saunders and the
Board's retention of Nabors Giblin & Nickerson, a firm involved in
the acquisition of the Orange Tree Utility Company
Attached for your records is a copy of the document referenced above, (Item #16K1)
approved by the Board of County Commissioners on September 9, 2014.
The Board's Minutes and Records Department has held the original signed consent for
the Official Record.
If you have any questions, please contact me at 252-8406.
Thank you.
Attachment
16K1
EXECUTIVE SUMMARY
Recommendation to approve and provide informed,written consent waiving any conflict that the
Board of Board of County Commissioners may have with its ongoing employment of Burt
Saunders with the law firm Gray Robinson, P.A., as one of the County's State Lobbyists, and as
to the retention of the law firm Nabors Giblin & Nickerson, P.A., as to their respective
representations of the Orange Tree Utility Company and Collier County relating to the
acquisition and litigation concerning the Orange Tree Utility Company.
OBJECTIVE: To obtain approval and authorization to provide a written waiver as to any conflict of
interest relating to: (1) Attorney Burt Saunders' representation of the Orange Tree Utility Company
("OTU"), while he is currently representing the Board under the County's Professional State Lobbyist
Services Contract, and (2) as to the Board's outside counsel's, Nabors Giblin & Nickerson, P.A.
("Nabors"), representation on the ongoing matter involving the acquisition of Orange Tree Utility
Company by the County and the related pending litigation between OTU and Collier County, where
the Nabors law firm employs an attorney that once provided Counsel to OTU but who will not be
working on this transaction.
CONSIDERATIONS: The County Attorney's Office is recommending that the Board approve a
written waiver of a conflict of interest allowing its outside counsel Nabors to continue to provide
representation to the Board involving the acquisition of assets from OTU to the County and the related
pending litigation. The County Attorney's Office additionally recommends that the Board approve a
written waiver of a conflict of interest allowing OTU's attorney, Burt Saunders, who is also currently
retained by the Board under contract to provide lobbying services for the County, to continue with his
representation of OTU. Additional facts follow to allow the Board to arrive at an informed consent in
support of the recommendation to approve those conflict of interest waivers.
The Board of County Commissioners has a retainer agreement with the Nabors law firm to provide
outside counsel services for various matters, which includes the specialized legal utility work
associated with the OTU acquisition and litigation. One of Nabors shareholders, John R. Jenkins,
previously represented OTU on a variety of utility matters (including issues related to the transition of
system assets to Collier County), when he was employed with his prior firm, Sundstrom, Friedman &
Fumero, P.A. Mr. Jenkins has not and will not engage in the representation of the instant matter in the
course of his work with Nabors, and OTU has confirmed that it has no objection to Nabors
representing Collier County on this matter.
The Florida Bar Rules of Professional Conduct (Rule 4-1.9) prohibits a law firm or attorney to
knowingly represent a person in the same or substantially related matter in which that firm (or a firm
with which the lawyer was associated), had previously represented a client whose interests are
materially adverse to that person, unless the affected client gives informed consent authorizing the
representation, confirmed in writing. Because Mr. Jenkins will provide no legal representation on this
matter, and OTU has no objection to Nabors representation, it is recommended that the Board
authorize its Chairman to sign the waiver consent appearing at the bottom of this Executive Summary.
With respect to Mr. Saunders (who is requesting this waiver), the Rules Regulating the Florida Bar
(Rule 4-1.7) also govern the conflict that arises as a result of Mr. Saunders' firm having a contractual
relationship with the County (through Contract No. 13-6129S Professional State Lobbyist Services)
and his current representation of OTU. Although an attorney is generally prohibited from representing
16K1
one client when it will be directly adverse to another client, the representation is allowable if each
affected client gives its informed consent, confirmed in writing.
Mr. Saunders' representation through the Professional State Lobbyist Services contract does not place
him in a position where he has or will gleam any information that could be directly adverse to the
County. Mr. Saunders reasonably believes he can provide competent and diligent representation to
each affected client; such representation is not prohibited by law and does not materially limit his
professional obligation to the County by also representing OTU in this matter.
Counsel for the County and OTU believe that each can provide diligent legal services notwithstanding
the above referenced conflicts. The County Attorney's Office concurs and recommends that the Board
authorize its Chairman to execute the below written confirmation to waive this conflict of interest too.
FISCAL IMPACT: None.
GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with
this Executive Summary.
LEGAL CONSIDERATIONS: This item is approved as to form and legality, and requires majority
vote for Board approval.—SRT
RECOMMENDATION:, That the Board provide its informed, written consent waiving any conflict
that it may have with its ongoing employment of Burt Saunders with the law firm Gray Robinson,
P.A., as one of the County's Professional State Lobbyists, and also as to the retention of the law firm
Nabors Giblin & Nickerson, P.A., as to their respective representations of the Orange Tree Utility
Company and Collier County relating to the acquisition and litigation concerning the Orange Tree
Utility Company; and authorize its Chairman to execute the below written consent.
Prepared by: Scott R. Teach, Deputy County Attorney
Consent to the terms outlined above is hereby granted.
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK,Clerk OF COLLIER COUNTY LORIDA
By: l ._.r 1 B • `.
.%,` Deputy Clerk GM NNING, hairman
Attest as • •a an s
-.signature only.
App • as a form an' legality:
Scol�Te`ch, Item#
ALM
Deputy County Attorney Agenda "l
Date
Date (1::\141
Recd
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