Agenda 05/22/2012 Item #11K5/22/2012 Item 11.K.
EXECUTIVE SUMMARY
Recommendation to authorize the County Attorney to engage outside counsel for representation
in the Multi- District Litigation relating to damages incurred as a result of the Deepwater Horizon
Oil Spill.
OBJECTIVE: To obtain Board authorization for the County Attorney to engage the services of outside
counsel to represent the County's interest in the ongoing litigation relating to the Deepwater Horizon Oil
Spill.
CONSIDERATIONS: The County has filed a claim in the Deepwater Horizon Oil Spill litigation, seeking
to recover lost tourist tax revenue and advertisement expenses resulting from the April 20, 2010, oil spill
(see Agenda Item 16.F.4, April 12 -13, 2011).
Three plaintiffs' firms contacted the County Attorney's Office seeking to represent the County on its
claim. Those first firms, in order of preference, are: (1) Hinkle & Foran, P.A. (" "Hinkle ")(part of a
consortium of mainly Florida firms); (2) Beasley, Allen, Crow, Methvin, Portis & Miles, P.C. ( "Beasley
Allen ") (an Alabama firm); and (3) Motley Rice, LLC (a South Carolina firm). All the firms claim to have a
unique bargaining position, a team of experts, and state of the art economic modeling.
Hinkle is the recommended firm for several reasons. First, of the three firms, Hinkle currently represents
the greatest number of Florida local governments (including Lee, Escambia, Jackson, Jefferson, Leon
and Wakulla Counties; cities of Pensacola, Tallahassee, Marathon; and several other Florida cities and
school districts). Notably, Lee County selected Hinkle over Beasley Allen. Second, Hinkle's consortium
is heavily represented in the Multi- District Litigation on both the Plaintiff's Steering Committee (the
"PSC ") (4 of 15 seats) and the Plaintiff's Executive Committee (the "PEC ") (2 of 4 seats). Finally, Hinkle
has been the clearest in communicating its proposed terms of representation and proposed
compensation; which involves a contingency fee of 20% of the gross recovery to the County.
Beasley Allen is staff's second choice in order of preference. Beasley Allen is an Alabama firm that is
currently representing Gulf and Walton Counties, along with several Alabama municipalities and a few
Florida municipalities. They have one attorney on the PSC (versus Hinkle's four), and none on the PEC
(versus Hinkle's two).
In the unlikely event that attempts to secure representation with Hinkle should fail, staff recommends
retaining Beasley Allen.
FISCAL IMPACT: None. The County has made a claim for lost tourist tax revenue and advertising
expenses, in the amount of approximately $450,000. Any representation will be on a contingent fee
basis, with no exposure to the County.
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this
Executive Summary.
LEGAL CONSIDERATIONS: The County Attorney's Office is in agreement with staff's recommendation.
This item is legally sufficient for Board action and requires a majority vote for approval. -JW
RECOMMENDATION: To authorize the County Attorney's Office to engage Hinkle & Foran, P.A., to
represent the County in the Multi- District Litigation relating to the Deepwater Horizon Oil Spill.
Alternatively, in the event a retainer agreement cannot be reached with Hinkle & Foran, to authorize the
retention of counsel in the remaining order of preference stated above.
PREPARED BY: Jack Wert, Director, Collier County Tourism Department
Packet Page -798-
5/22/2012 Item 11.K.
COLLIER COUNTY
Board of County Commissioners
Item Number: 11.K.
Item Summary: Recommendation to authorize the County Attorney to engage outside
counsel for representation in the Multi- District Litigation relating to damages incurred as a
result of the Deepwater Horizon Oil Spill.
Meeting Date: 5/22/2012
Prepared By
Name: GreenKelly
Title: Tourist Development Tax Coordinator,Tourism
5/9/2012 8:49:40 AM
Submitted by
Title: Director - Tourism,Tourism
Name: Werback
5/9/2012 8:49:42 AM
Approved By
Name: WertJack
Title: Director - Tourism,Tourism
Date: 5/9/2012 11:03:54 AM
Name: GreeneColleen
Title: Assistant County Attorney,County Attorney
Date: 5/9/2012 2:53:21 PM
Name: WrightJeff
Title: Assistant County Attorney,County Attorney
Date: 5/10/2012 8:46:03 AM
Name: KlatzkowJeff
Title: County Attorney
Date: 5/10/2012 11:38:10 AM
Packet Page -799-
Name: FinnEd
Title: Senior Budget Analyst, OMB
Date: 5/12/2012 3:37:10 PM
Name: SheffieldMichael
Title: Manager- Business Operations, CMO
Date: 5/14/2012 8:43:24 AM
Packet Page -800-
5/22/2012 Item 11.K.