Agenda 02/09/2016 Item #16K 2 2/9/2016 16.K.2.
EXECUTIVE SUMMARY
�.1 Recommendation to authorize an increase to the purchase order for Nabors,Giblin& Nickerson,
P.A. ("Nabors Giblin") relating to legal services in the case of Collier County v.Orange Tree Utility
Co.,et al,Case No.2014-CA-001434 and all work related to concluding the acquisition and integration
of the Orange Tree Utility Company into the Collier County Water-Sewer District.
OBJECTIVE: That the Board of County Commissioners, and as the Ex-Officio Governing Board of the
Collier County Water-Sewer District ("CCWSD"), authorize an increase of $50,000.00 to the existing
purchase order for outside counsel Nabors Giblin to provide continued services in the case of Collier County
v. Orange Tree Utility Co., et al,Case No.2014-CA-001434.
CONSIDERATIONS: The County retained the law firm of Nabors Giblin to assist the County in the
acquisition and integration of the Orange Tree Utility Company into the Collier County Water-Sewer
District.
The County's Continuing Retention Agreement(the"Agreement") with Nabors Giblin dated September 10,
2013 states,in part,at Exhibit A: "Nabors,Giblin's fee shall not exceed$100,000.00 without the approval of
the Board of County Commissioners. Any expenditure beyond the initial$100,000.00 approval by the Board
of County Commissioners must have Board approval prior to work being performed." The Board previously
approved increases to the Purchase Order above the Agreement's threshold amount in connection with the
necessary due diligence being conducted in pursuing integrating the Orange Tree Utility Company into the
CCWSD.
At its May 13, 2014 meeting, the Board directed the County Attorney to file suit to enforce the County's
right to integrate the Orange Tree Utility into the CCWSD and to recover damages, as appropriate (item
16K4). Since that time, continued efforts have been made to resolve this issue through settlement
discussions and actions taken in the lawsuit filed by the County. The parties have participated in mediation
on three separate occasions(while simultaneously advancing the lawsuit)and are scheduled to meet again on
February 11, 2016 to make a further attempt to resolve this matter without further court intervention.
Because there will be additional work related to concluding the acquisition and integration of the Orange
Tree Utility Company into the Collier County Water-Sewer District,there is a need to increase the existing
P.O.to continue to provide payment for legal services. At this time,staff is requesting that the Nabors Giblin
P.O.be increased an additional$50,000.
FISCAL IMPACT: The funds for the referenced outside counsel fees are in the budget of the Public
Utilities Division. There is no additional fiscal 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
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this
Executive Summary.
RECOMMENDATION: That the Board of County Commissioners, and as the Ex-Officio Governing
Board of the Collier County Water-Sewer District, authorize an increase of $50,000.00 to the existing
purchase order for outside counsel Nabors Giblin to provide continued services in the case of Collier County
v. Orange Tree Utility Co., et al, Case No. 2014-CA-001434 and all work related to concluding the
acquisition and integration of the Orange Tree Utility Company into the Collier County Water-Sewer
District.
Prepared by: Scott R.Teach,Deputy County Attorney
Packet Page-1113-
2/9/2016 16.K.2.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.K.16.K.2.
Item Summary: Recommendation to authorize an increase to the purchase order for
Nabors, Giblin & Nickerson, P.A. ("Nabors Giblin") relating to legal services in the case of Collier
County v. Orange Tree Utility Co., et al, Case No. 2014-CA-001434 and all work related to
concluding the acquisition and integration of the Orange Tree Utility Company into the Collier
County Water-Sewer District.
Meeting Date: 2/9/2016
Prepared By
Name: BrockMaryJo
Title: Executive Secretary to County Manager, County Managers Office
1/31/2016 5:30:35 PM
Submitted by
Title: Executive Secretary to County Manager, County Managers Office
Name: BrockMaryJo
1/31/2016 5:30:36 PM
Approved By
Name: TeachScott
Title: Deputy County Attorney,County Attorney
Date: 2/1/2016 8:19:53 AM
Name: IsacksonMark
Title: Division Director-Corp Fin&Mgmt Svc, Office of Management&Budget
Date: 2/1/2016 8:24:35 AM
Name: YihnazGeorge
Title: Department Head-Public Utilities,Procurement Services
Date: 2/1/2016 8:54:58 AM
Name: TeachScott
Title: Deputy County Attorney, County Attorney
Packet Page -1114-
2/9/2016 16.K.2.
Date: 2/2/2016 11:51:28 AM
Name: CasalanguidaNick
Title: Deputy County Manager,County Managers Office
Date: 2/2/2016 1:24:28 PM
Packet Page -1115-