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Agenda 04/08/2014 Item #16K14/8/2014 16.K.1. EXECUTIVE SUMMARY Recommendation to authorize an increase to the purchase order for Nabors, Giblin & Nickerson, P.A. ( "Nabors Giblin ") relating to services on the Orange Tree Utilih7 Company Integration Project. OBJECTIVE: 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 related to the Orange Tree Utility Company integration project. 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 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." On January 14, 2014 (item 16K3) the Board previously approved increasing the Purchase Order above the initial $100,000 sum in the amount of $50,000. This project is complex and requires a significant amount of time to be spent by Nabors Giblin and staff in performing the required due diligence that comes with acquiring a water -sewer utility company. It is anticipated that Nabors Giblin's participation in the project will be concluding in the next several months. FISCAL IMPACT: Funds are budgeted for the referenced outside counsel fees in the Public Utilities Division Water User Fee Capital Fund (412) project 71058 and Wastewater User Fee Capital Fund (414) project 71 058 . LEGAL CONSIDERATIONS: This item is approved as to form and legality, and requires majoring 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 related to the Orange Tree Utility Company integration project. Prepared by: Scott R. Teach, Deputy County Attorney Packet Page -1708- 4/8/2014 16.K.1. COLLIER COUNTY Board of County Commissioners Item Number: 16.16. K. 16. K. 1. Item Summary: Recommendation to authorize an increase to the purchase order for Nabors, Giblin & Nickerson, P.A. ( "Nabors Giblin") relating to services on the Orange Tree Utility Company Integration Project. Meeting Date: 4/8/2014 Prepared By Name: CrotteauKathynell Title: Legal Secretary, CAO Office Administration 3/24/2014 3:23:01 PM Approved By Name: YilmazGeorge Title: Administrator - Public Utilities, Public Utilities Division Date: 3/24/2014 5:44:48 PM Name: TeachScott Title: Deputy County Attorney. County Attorney Date: 3/26/2014 9:18:06 AM Name: KlatzkowJeff Title: County Attorney, Date: 3/31/2014 9:44:11 AM Name: FinnEd Title: Management/Budget Analyst, Senior, Transportation Engineering & Construction Management Date: 4/2/2014 10:44:16 AM Name: IsacksonMark Title: Director -Corp Financial and Mngmt Svs, Office of Management & Budget Date: 4/2/2014 11:08:44 AM Packet Page -1709-