Agenda 07/27/2010 Item #16K 3Agenda Item No. 16K3
July 27, 2010
Page 1 of 2
EXECUTIVE SUMMARY
Recommendation that the Board of County Commissioners increase a purchase order for
Carlton Fields, P.A. to exceed the $100,000 cap for the case of John Carlo, Inc v. Collier
County, Florida, Case No. 07- 311 -CA (Immokalee Road Improvement Project No. 66042)
(Fiscal Impact an additional $150,000).
OBJECTIVE: That the Board of County Commmissioners increase a purchase order exceeding
the $100,000 cap for Carlton Fields, P.A., in accordance with Collier County's contract with
Carlton Fields, P.A. to provide continued litigation support services in the case of John Carlo,
Inc. v. Collier County, Florida, Case No. 07- 311 -CA.
CONSIDERATIONS: On February 5, 2007, ,Cohn Carlo, Inc. filed a lawsuit against Collier
County alleging damages for delay, breaches of implied covenants and express terms of the
contract, and refusal to pay for construction items. John Carlo is claiming damages in this
lawsuit in the amount of approximately $4,488,922.47. The law firm of Carlton Fields was
retained by Collier County to assist as co- counsel in this case. Plaintiff has amended its
Complaint to increase the number of claims against Collier County. The parties have mediated
the case, but were not able to reach a settlement As with all construction cases, this case is
complex, involving multiple claims, and includes numerous witnesses. Several hours have been
spent on discovery. Additional depositions are currently being scheduled. Arbitration is
scheduled for January, 2011, and trial is scheduled to begin in February, 2011.
Staff is requesting an increase in the purchase order for Carlton Fields, P.A., to provide
additional co- counsel services through remaining discovery, arbitration and trial. Staff
anticipates that this amount should not exceed $250,000.
FISCAL IMPACT: Funds in the amount of $150,000 will come from Transportation
Supported Gas Tax Fund and Impact Fee Funds. Source of funds are Gas Taxes and Impact Fees.
GROWTH MANAGEMENT IMPACT: None,
LEGAL CONSIDERATIONS: This item is legally sufficient for Board action. JWH
RECOMMENDATION: That the Board of County Commissioners accepts the $150,000
increase of the existing purchase order for Carlton Fields, P.A.
PREPARED BY: Jacqueline Williams Ilubbard, Litigation Section Chief
07- 311- CA,3579
Agenda Item No. 16K3
July 27, 2010
Page 2 of 2
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number: 16K3
Item Summary: Recommendation that the Board of County Commissioners increase a purchase order for
Carlton Fields, P.A. to exceed the $100,000 cap for the case of John Carlo, Inc. v. Collier
County, Florida, Case No. 07- 311 -CA (Immokalee Road Improvement Project No. 66042)
(Fiscal Impact an additional $150.000).
Meeting Date: 7127/2010 9:00:00 AM
Prepared By
Jacqueline W. Hubbard
Assistant County Attorney
Date
County Attorney
County Attorney Office
7113/2010 4:37:24 PM
Approved By
Jacqueline W. Hubbard
Assistant County Attorney
Date
County Attorney
County Attorney Office
711 41201 0 3:16 PM
Approved By
Jeff Kiatzkow
County Attorney
Date
7!1412010 3:47 PM
Approved By
Norm E. Feder, AICP
Administrator - Transportation
Date
Transportation Division
Transportation Administration
7/1 7010 7:31 AM
Approved By
Lisa Taylor
Ma nagement'Budget Analyst
Date
Transportation Division
Transportation Administration
7!15 ;2010 4:03 PM
Approved By
OMB Coordinator
Date
County Manager's Office
Office of Management & Budget
7;15;20104:21 PM
Approved By
Susan Usher
Management!Budget Analyst. Senior
Date
Office of Management &
Budget
Office of Management & Budget
7i`16.2010 2:53 PM
Approved By
Mark isackson
ManagemenUBudget Analyst, Senior
Date
Office of Management &
Budget
Office of Management & Budget
711 T,'2010 1:25 Pfd