Agenda 01/11/2011 Item #16K2
Agenda Changes
Board of County Commissioners Meeting
January 11,2011
Withdraw Item 6B: Public Petition request by Keith M. Sowers requesting the Board of County Commissioners
consider his request to participate in the Impact Fee Payment Assistance Program for the proposed V-Save
Grocery Store in Immokalee. (Petitioner's request)
Continue Companion Items 7 A. 7B and lOB to the Februarv 22. 2011 BCC Meetine:: The Town of Ave Maria
DOA-PL-2010-1751, SRAA-PL2010-1988 and Final Plat. (Petitioner's request)
Add Item 9D: Recommendation that the Collier County Airport Authority rescind Collier County Airport
Authority Administrative Code Policy 631 and require all rates & fees charged at the airports be set, and all airport
related agreements & leases, be approved by Collier County Airport Authority (Commissioner Hiller's request)
Move Item 16Cl to Item 10F: Recommendation to award Contract #10-5599 to Stantec Consulting Services, Inc.
in the amount of $341,534, Construction Engineering Inspection Services for the 1st stage of Phase IV of the
South RO Wellfield Raw Water Transmission Main Repair Project #70030. (Staff's request)
Move Item 16F2 to Item 10E: Recommendation for the Board to approve an economic development agency
report required by Section 125.045, Florida Statutes and authorize the County Manager to submit a copy of
the report to The Office of Economic and Demographic Research. (Commissioner Hiller's request)
Withdraw Item 16H5: Commissioner Fiala requests Board approval for reimbursement regarding
attendance at a function serving a Valid Public Purpose. Attended the Marco Island Area Chamber of
Commerce Annual Installation Celebration and Leadership Marco Graduation on January 9, 2011 on Marco
Island, FL. $75 to be paid from Commissioner Fiala's travel budget. (Commissioner Fiala's request)
WITHDRAW ITEM 16K2: RECOMMENDATION
TO APPROVE AN INCREASE IN THE PURCHASE
ORDER FOR GRANT, FRIDKIN, PEARSON, ATHAN
& CROWN TO A TOTAL $115,000 FOR THE CASE
KER ENTERPRISES, INC., D/B/A ARMADILLO
UNDERGROUND V. APAC-SOUTHEAST, INC. V.
COLLIER COUNTY, CASE NO. 09-8724-CA, NOW
PENDING IN THE CIRCUIT COURT OF THE 20TH
JUDICIAL CIRCUIT IN AND FOR COLLIER
COUNTY, FL (V ANDERBIL T BEACH RD. PROJECT
63051) (FISCAL IMPACT: AN ADDITIONAL $50,000)
(COUNTY ATTORNEY'S REQUEST)
Note:
Correction to Item 16D7: In the Executive Summary, the Staff Recommendation section should read, "To approve and
authoril:e the Chairman to sign three (3) lien agreements for deferral" rather than two (2) agreements for deferral.
Time Certain Items:
Item 5D to be heard at 10:00 a.m.
Item 12:\ to be heard at 1:00 p.m.
Agenda Item No. 16K2
January 11, 2011
Page 1 of 2
EXECUTIVE SUMMARY
Recommendation to approve an increase in the purchase order for Grant, Fridkin,
Pearson, Athan & Crown to a total of $115,000.00 for the case of Ker Enterprises, Inc., d/b/a
Armadillo Underground v. APAC-Southeast, Inc. v. Collier County, Case No. 09-8724-CA,
now pending in the Circuit Court of the Twentieth Judicial Circuit in and for Collier
County, Florida, (Vanderbilt Beach Road Project No. 63051) (Fiscal Impact an additional
$50,000.00).
OBJECTIVE: That the Board of County Commissioners approve an increase in the purchase
order for Grant, Fridkin, Pearson, Athan & Crown, to a total of$115,000.00 to provide continued
litigation support services in the case of Ker Enterprises, Inc., d/b/a Armadillo Underground v.
APAC-Southeast, Inc. v. Collier County, Case No. 09-8724-CA (Vanderbilt Beach Road Project
No. 63051)
CONSIDERATIONS: Staff is requesting an increase in the purchase order for Grant, Fridkin,
Pearson, Athan & Crown, to provide additional co-counsel services for Greg Woods, Esq.,
through remaining discovery, arbitration and trial. Staff anticipates that this amount should not
exceed $115,000.00. Armadillo's claims amount to approximately $7 million dollars.
FISCAL IMP ACT: Funds in the amount of $50,000.00 will come from Transportation
Supported Gas Tax Fund and Impact Fee Funds. Source of funds are Gas Taxes and Impact Fees.
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated
with this Executive Summary.
LEGAL CONSIDERATIONS: This item is legally sufficient for Board action. Approval of
this item requires a simple majority vote ofthe Board. JWH
RECOMMENDATION: That the Board of County Commissioners approve the $50,000.00
increase of existing purchase order no. 4500114538, for Grant, Fridkin, Pearson, Athan &
Crown, for litigation support services in the case of Ker Entelprises, Inc., d/b/a Armadillo
Underground v. APAC-Southeast, Inc. v. Collier County, Case No. 09-8724-CA (Vanderbilt
Beach Road Project No. 63051).
PREPARED BY: Jacqueline Williams Hubbard, Litigation Section Chief
Agenda Item No. 16K2
January 11, 2011
Page 2 of 2
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
16K2
Meeting Date:
Recommendation to approve an increase in the purchase order for Grant, Fridkin, Pearson,
Athan & Crown to a total of $115,000 for the case of Ker Enterprises, Inc., d/b/a Armadillo
Underground v. APAC-Southeast, Inc. v. Collier County, Case No. 09-8724-CA, now pending
in the Circuit Court of the Twentieth Judicial Circuit in and for Collier County, Florida,
(Vanderbilt Beach Road Project No. 63051) (Fiscal Impact an additional $50,000).
1/11/2011 9:00:00 AM
Prepared By
Jacqueline W. Hubbard
Assistant County Attorney
Date
County Attorney
County Attorney Office
12/22/201010:14:03 AM
Approved By
Norm E. Feder, AICP
Administrator - Transportation
Date
Transportation Division
Transportation Administration
12/28/20107:58 AM
Approved By
Lisa Taylor
Management/Budget Analyst
Date
Transportation Division
Transportation Administration
12/28/20102:39 PM
Approved By
Jeff Klatzkow
County Attorney
Date
12/31/20104:03 PM
Approved By
OMB Coordinator
Date
County Manager's Office
Office of Management & Budget
1/4/201110:18 AM
Approved By
Susan Usher
Management/Budget Analyst, Senior
Date
Office of Management &
Budget
Office of Management & Budget
1/4/2011 12:35 PM
Approved By
Mark Isackson
Management/Budget Analyst, Senior
Date
Office of Management &
Budget
Office of Management & Budget
1/4/20112:14 PM