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Agenda 12/10/2013 Item #12A Proposed Agenda Changes Board of County Commissioners Meeting December 10,2013 Move Item 16A25 to Item 11I: Recommendation for the Board to consider a Memorandum of Understanding(MOU)with the Community Foundation of Collier County(CFCC) to clarify CFCC and County roles regarding acceptance of donations from the CFCC for the construction of artificial reefs. (Staff's request) Add On Item 12A:Recommendation that the Board of County Commissioners authorizes the County Attorney to enter into the attached Retainer Agreement with Nabors Giblin & Nickerson to represent Collier County in an $1.9 million overpayment to the Florida Department of Juvenile Justice. (County Attorney's request) Add On Item 16A26: Recommendation to approve a release of lien in the amount of $31,330.86, for payment of $23,976.96, in the Code Enforcement Action entitled Board of County Commissioners v. J.P. Morgan Chase Bank, Code Enforcement Board Case No. CESD20130000542, relating to property located at 321 7`h St.NW,Collier County,Florida. (Staff's request) Withdraw Item 16G4: Recommendation that the Board of County Commissioners,acting as the Airport Authority,award Invitation to Bid(ITB) 13-6171 Sod Harvesting at Immokalee Airport for a minimum license fee of Twenty Thousand Dollars($20,000)per year to Florida Sod,Inc.,and authorize the Chairwoman to sign the attached Sod Harvesting License Agreement,pending FAA approval. (Staff's request) Note: Item 16H5: Packet Page 2191 Memo refers to Mr.Weber's prior service on the Radio Road East MSTU Board when in fact his prior service was on the Vanderbilt Beach MSTU Board(Commissioner Fiala) Time Certain Items: Item 5C to be heard at 10:00 a.m.,followed immediately by Items 10A, 10B, IOC, 10D, 10F and 10G Item 11G to be heard at 3:00 p.m. Item 10E to be heard at 3:30 p.m. Item 11B to be heard at 9:30 a.m.,Wednesday,December 11,2013 --A-o ld on. 4-1 Teresa L. Cannon From: Brock, Mary Jo Sent: Monday, December 09, 2013 3:20 PM To: Minutes and Records; Price, Len; Casalanguida, Nick; Yilmaz, George; Carnell, Steve; Bartlett, Kristi; Flanagan, Jim; Hayes, Karen; Pettit,Jim; Scardino, Alexandra; Smith, Camden Cc: Neet, Virginia Subject: FW: Please see attached walk on item for County Attorney Consent Agenda Attachments: Walk on - Department of Juvenile Justice.pdf Please see attached Add On Item 12A. Thank you, MJ Mary-Jo Brock - Executive Assistant to Leo E. Ochs,Jr. - County Manager's Office maryjobrock@colliergov.net 239.252.8364 please consider the environment before printing this email From: NeetVirginia Sent: Monday, December 09, 2013 3:14 PM To: BrockMaryJo Cc: KlatzkowJeff; IsacksonMark Subject: Please see attached walk on item for County Attorney Consent Agenda Mary Jo: See attached as we discussed. Let me know if you need any else. Dinny Virginia A. Neet, FRP Office of the Collier County Attorney Telephone (239)252-8066 - Fax(239) 252-6600 :0, Fonda Law_d cra Si addresses r e>sses ..�h<}: is iie)orris it you.3.,not 4J<„l,p.31U e'nail address ld.i::..,sed in:e.'.x}^.onstS t a�✓ttii:;records rent7f,r;,cc: .ot:,:;71d ,.i'C�`n c nr,.i to:n:S entity . .;Coeds contact this st'in c -thich:Thfircit co C 1 wrilinh 1 EXECUTIVE SUMMARY Recommendation that the Board of County Commissioners authorizes the County Attorney to enter into the attached Retainer Agreement with Nabors Giblin &Nickerson to represent Collier County in an $1.9 million overpayment to the Florida Department of Juvenile Justice. OBJECTIVE: To protect the County's interest in securing repayment of overpayment to the Florida Department of Juvenile Justice(DJJ). CONSIDERATIONS: Florida Statute dictates that secure detention costs for pre-committed youth are the responsibility of the youth's county of residence. Each fiscal year the State Legislature determines the amount of money to be paid by the counties to the Department to cover their costs for secure detention. This amount is allocated among the counties based on their percentage of the total utilization of secure detention across the state. Post commitment costs are the responsibility of the Department. At the beginning of each fiscal year an estimated allocation of funding is calculated and billed to each county based on their prior year's utilization. After the fiscal year has closed, a reconciliation of actual utilization and costs is done to determine the actual amount owed by each county for their share of the utilization. Adjustments are made to each county's account balance based on their actual utilization compared to the estimated utilization and cost figures. Debits and credits are issued as appropriate. Various Counties successfully challenged the reconciliations of the DJJ for the past few fiscal years. Recently, the DJJ issued a reconciliation for Fiscal Year 12-13. They have calculated that Collier County was overcharged approximately $1.9 million. DJJ has taken the position that although they may have overcharged a number of counties, they need a Legislative Appropriation to make repayment. The Florida Association of Counties is working with the Governor and the Legislature in an effort to achieve an amicable resolution of this issue. To preserve our rights, it is my recommendation that the County join in with a number of other counties to retain Nabors Giblin & Nickerson (who successfully challenged the DJJ on this issue). My expectation is that there will be a legislative solution to this issue, and that the cost of this representation will be minor. 1 FISCAL IMPACT: Based on prior similar pooled arrangements with this firm, I would estimate Collier County's share of the legal costs to be under$5,000. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That that the Board of County Commissioners authorizes the County Attorney to enter into the attached Retainer Agreement with Nabors Giblin & Nickerson to represent Collier County in an $1.9 million overpayment to the Florida Department of Juvenile Justice. Prepared by: Jeffrey A. Klatzkow, County Attorney Attachment: Letter received by the DJJ(The numbers have since been upwardly revised). 2 NeetVirginia From: Stewart, Greg [gstewart @ngn-tally,comj Sent: Monday, December 09, 2013 11:24 AM To: KlatzkowJeff Subject: Representation of C011ier County in DJJ Reconciliation for FY 12-13 Attachments: Joint County Representation DJJ FY 12-13.pdf Jeff—here is a fee proposal letter for our representation of Collier County in challenges related to DJJ's reconciliation for FY 12-13. As I previously indicated,we propose to represent all counties and to divide the bill equally between each County that we represent. At this point,we know that Okaloosa County has agreed to this approach and we anticipate Walton joining. Also, Charlotte,St.Lucie and Nassau are likely to join. No matter how many counties ultimately sign up for this joint representation,the amount will be divided equally among all of them. Please note that the hourly rate charged is$250 per hour for partners and $200 per hour for associates. This rate is higher than the rate we charge Collier normally. That is because of the number of counties that we will be represented,we have charged the higher rate among the various counties. Collier receives a discounted rate from our Firm. If this proposal is acceptable, please sign the letter where indicated and provide a copy back to us for our records. Gregory T. Stewart Nabors C;ih ,tn& Nickerson- 1500 Mahan Drive, Suite 200 Tallahassee,Florida 32308 (850)224-4070 Tel. (850)224-4073 Fax Gstewart@ngnlaw.com The information contained in this email is attorney privileged and confidential. It is intended only for the use of the individual or entity named above. If the reader of this message is not the intended recipient,you are hereby notified that any dissemination, distribution or copy of this communication is strictly prohibited. Moreover, any unintentional dissemination of this message does not waive any attorney-client privilege that applies to this communication. If you have received this communication in error,please notify us immediately by telephone collect and delete the original message. Thank you. 1 TALLAHASSEE FORT MYERS Suite 200 Building 83,Suite 2 1500 Mahan Drive 12731 World Plaza Lane Tallahassee,Florida 32308 Nabors Fort Myers,Florida 33907 (850)224-4070 Tel • • f (239)288-4027 Tel (850)224-4073 Fax Gib l i n (239)288-4057 Fax FORT LAUDERDALE TAMPA 208 S.E.Sixth Street Nickerson Suite Point Lauderdale,Florida 33301 P•A• 2502 Rocky Paint Drive (954)525-8000 Tel Tampa,Florida 33607 (954)525-8331 Fax (813)281-2222 Tel (813)281-0129 Fax Reply to Tallahassee December 9,2013 Via Electronic Mail David A. Hallman Mitchell O. Palmer, County Attorney Nassau County Attorney James A.Minix,Assistant County Attorney 96135 Nassau Place, Suite 6 Manatee County Yulee, Florida 32097 Post Office Box 1000 dhallman @nassaucountyfl.com Bradenton, Florida 34206-1000 mitchell.palmer @mymanatee.org Daniel S. McIntyre jim.minix @mymanatee.org St. Lucie County Attorney 2300 Virginia Avenue Jeffrey A. Klatzkow Fort Pierce, Florida 34982 Collier County Attorney mcintyred @stlucieco.org 3299 Tamiami Trail East, Suite 800 Naples,Florida 34112 Daniel E. Gallagher jeffklatzkow @colliergov.net Assistant County Attorney Charlotte County 18500 Murdock Circle,Room 573 Port Charlotte,Florida 33948 daniel.gallagher@charlottefl.com Re: Reconciliations for the Department of Juvenile Justice for Fiscal Year 12-13. Gentlemen: As you are aware, various counties have been challenging the reconciliations for the Department of Juvenile Justice ("DJJ")for Fiscal Years 09-10, 10-11, and 11-12. On November 27, 2013, DJJ issued its reconciliation for Fiscal Year 12-13. This Reconciliation established that many counties, including yours, had overpaid by significant amounts. However DJJ has December 9,2013 Page 2 indicated that it will not be able to grant credits or a reimbursement of these amounts. Each of you have indicated that you might be interested in our Firm assisting you in this matter. As the primary issues in the representation will be the same for all counties and the efforts should predominantly be the same,we believe that a substantial savings can be achieved by the joint representation of all interested counties. We have used this approach in the representation of counties in the pending challenges and that has greatly reduced the cost to each individual county. Therefore, I propose to represent all interested counties in matters related to the DJJ Reconciliation for FY 12-13 and that the hills for the services provided would be divided equally between all participating counties. To the extent that other counties indicate a desire for our representation, they would be included within this arrangement and everyone's costs would be further spread among the additional counties. Additionally, as DJJ has conceded the amount of overpayment, we believe that the overall cost will be substantially less than in the pending challenges. For these services,I would propose charging the following hourly rates: Firm Partners $250.00 per hour Firm Associates $200.00 per hour Law Clerks $ 75.00 per hour In addition to the compensation specified above,we request that expenses incurred which are directly related to the provision of services be reimbursed, including,but not limited to: copy and fax costs, long distance telephone costs, express mail and on-line research expenses. Travel expenses will be reimbursed in accordance with the provisions governing the travel of public officers and employees contained in Section 112.061,Florida Statutes. I would propose to provide itemized statements to all counties showing all time incurred with a separate cover letter which would reflect the respective share to be paid by each County from that amount. If this proposal is acceptable under these terms, I would ask that you sign a copy of this letter and return it to me. December 9,2013 Pagc Thank you for allowing us to be • assistance. •toincerely,, , c„... - .,„ Gr,_or T. Stewart GTS:pad ACCEPTED: COUNTY: DATE: FLORIDA DEPARTMENT OF JUVENILE JUSTICE Rick Scott,Governor Wansley Walters,Secretary .1 December 3,2013 Dear County Representative: On November 27 1 sent you a letter containing information about the 2012-13 Detention Cost Share Final Reconciliation. It has been brought to my attention that there was an error on the final reconciliation document. This error was an oversight by my part and I apologize for not catching this error sooner. Everything on the document sent last week was correct except for the column titled"Total Billed 12-13". The amounts billed and paid for FY 11-12 were inadvertently not updated to reflect the FY 12-1.3 amounts billed and paid. This column has been corrected and the revised document titled"2012-13 Detention Cost Share Final Reconciliation REVISED"is enclosed with this correspondence. All other fields on the spreadsheet were correct and have not been modified. Once again I apologize for the mix-up and hope that it has not caused any hardship on your end. If you have any questions do not hesitate to contact me by email at heth.davis(r4dq.state.fl.us,or by phone at (850)717-2629. Sincerely. 4itt Beth Davis Office of Program Accountability Enclosure: 2012-13 Secure Detention Cost Sharing Reconciliation REVISED 2737 Centerview Drive•Tallahassee,Florida 32399-3100•(850)488-1850 http://www.djj.state.11.us The mission of the Department of Juvenile Justice is to increase public safety by reducing juvenile delinquency through effective prevention.intervention,and treatment services that strengthen families and turn around the lives of troubled youth. ' krni ii °121 . • . . '''.: _ ......i4,,r,t; lg,rit Ivp-it '4' e.tiliv-iillitktal ; 1 ,. .titm.z.,,....,.. , g ,,,, .,,, tt.. 2et'Agc. ''..' t'I ' Arr„. 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