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Agenda 07/08/2014 Item #16K 57/8/2014 16.K.5. EXECUTIVE SUMMARY Recommendation that the Board authorize the County Attorney, working in conjunction with the County Manager, to secure an expert /consultant to assist the County Attorney in the litigation relating to Dan A. Hughes Company, L.P.'s violation of Permit No.: 1349H, Collier -Hogan 20 -3H Well, also to assist the County Manager and his staff as to all issues raised by the drilling and production of oil in Collier County, and to waive any Purchasing Ordinance provision that may be in conflict with this retention. OBJECTIVE: To obtain the required professional expertise with respect to the issues being raised concerning both the Hogan Island Well and new oil drilling and production in Collier County. CONSIDERATIONS: Collier County does not have the professional expertise to adequately address the issues that are being raised in both the litigation relating to the Dan A. Hughes Company permit violation and in what is required, if anything, to ensure short and long term the public health, safety and welfare that may be jeopardized by the new multi - dimensional/horizontal drilling, and /or hydraulic fracturing type technologies being employed in Collier County. Finding someone with this expertise (independent of the oil industry) locally, or even in Florida, may prove difficult. The Purchasing Policy provides that "The acquisition of services from experts or consultants for purposes of preparing for or defending against imminent or pending litigation or administrative proceedings shall be exempt from all competitive requirements of this policy. Any such acquisitions that do not exceed $50,000 may be approved by the County Attorney and the Purchasing Department, but will be reported at a regular meeting of the Board for ratification." I am asking the Board that it authorize me to obtain an expert in the manner set forth in the above policy, for both my benefit and that of the County Manager, and to waive any Purchasing Ordinance provisions that may be in conflict with this policy. FISCAL IMPACT: 1 remain hopeful that we will receive the full assistance and cooperation of FDEP, and if so the expected services should not exceed $50,000. If and when it appears that additional services will be required, the matter will be brought back to the Board. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board authorize the County Attorney, working in conjunction with the County Manager, to secure an expert/consultant to assist the County Attorney in the litigation relating to Dan A. Hughes Company, L.P.'s violation of Permit No.: 1349H, Collier -Hogan 20 -3H Well, and also to assist the County Manager and his staff as to all issues raised by the drilling and production of oil in Collier County, and to waive any Purchasing Ordinance provision that may be in conflict with this retention. PREPARED BY: Jeffrey A. Klatzkow, County Attorney, in consultation with County Manager staff. Packet Page -2413- 7/8/2014 16.K.5. COLLIER COUNTY Board of County Commissioners Item Number: 16.16.K.16.K.5. Item Summary: Recommendation that the Board authorize the County Attorney, working in conjunction with the County Manager, to secure an expert /consultant to assist the County Attorney in the litigation relating to Dan A. Hughes Company, L.P.'s violation of Permit No.: 1349H, Collier -Hogan 20 -3H Well, also to assist the County Manager and his staff as to all issues raised by the drilling and production of oil in Collier County, and to waive any Purchasing Ordinance provision that may be in conflict with this retention. Meeting Date: 7/8/2014 Prepared By Name: CrotteauKathynell Title: Legal Secretary, CAO Office Administration 6/30/2014 2:35:00 PM Approved By Name: KlatzkowJeff Title: County Attorney, Date: 6,/30 /2014 3:03:01 PM Name: IsacksonMark Title: Director -Corp Financial and Mngmt Svs, Office of Management & Budget Date: 6/30/2014 3:40:14 PM Name: OchsLeo Title: County Manager, County Managers Office Date: 7/1/2014 3:05:24 PM Packet Page -2414-