Agenda 09/29/2009 Item #16K 2
Agenda Item No. 16K2
September 29, 2009
EXECUTIVE SUMMARY Page 1 of 5
Recommendation to amend the Legal Services Contract the Board approved with de la Parte
& Gilbert, P.A., for litigation related to Orange Tree Utility Co. v. Collier County, Case No.
07-2333 to clarify the Scope of Work to include providing specialized utility legal services in
connection with Orange Tree's recent appeal of an entry of summary judgment in favor of the
County.
OBJECTIVE: To amend the Legal Services Contract the Board approved at its July 28, 2009,
meeting retaining de la Parte & Gilbert, P.A., to perform litigation services related to Orange Tree
Utility Co. v. Collier County, Case No. 07-2333, to clarify the Scope of Work to include providing
specialized utility legal services in connection with Orange Tree's recent appeal of an entry of
summary judgment in favor of the County.
CONSIDERATIONS: At the Board's July 28, 2009, regular -meeting it approved Agenda Item
16C6, requesting authorization to enter into a Legal Services Contract with de la Parte & Gilbert,
P.A. to perform legal services in defense of litigation filed by Orange Tree Utility Company ("Orange
Tree") against the County. The Legal Services Contract included a Scope of Work attached as
Exhibit "A," which provided an estimated budget based on the following three possible litigation
scenanos: (1) whether the county obtained summary judgment, (2) whether the parties reached
settlement prior to trial, or (3) whether the county is unable to obtain summary judgment or settle the
matter and the case goes to trial.
On August 28, 2009, the court entered a fmal summary judgment in favor of the county and against
Orange Tree. On September 14, 2009, Orange Tree served the county with its Notice of Appeal to
the Second District Court of Appeal.
Although the Legal Services Contract previously approved by the Board was silent on whether de la
Parte would provide legal services related to any appeal of a final judgment, such work was intended
by the parties and is encompassed in budget scenario three (3) in the Scope of Work attached to the
agreement. To clarify the authorization for de la Parte to continue to provide specialized utility law
legal services on the County's behalf on appeal, an amendment to the Legal Services Contract is
provided that specifically provides that direction.
FISCAL IMP ACT: None.
LEGAL CONSIDERATIONS: This item has been reviewed and approved by the County
Attorney's Office and is appropriate for Board action. The County Attorney believes that this firm is
an excellent choice to provide legal services for this particular task. -SR T
GROWTH MANAGEMENT IMPACT: None.
RECOMMENDATION: That the Board of County Commissioners, as Ex-officio the Governing
Board of the Collier County Water-Sewer District, amend the Legal Services Contract to provide
specific direction for de la Parte & Gilbert, P.A., to represent the county in Orange Tree Utility
Company's appeal from the Final Summary Judgment entered in favor of the County in Case No. 07-
2333, and authorize the Chairman of the Board to execute the Amendment to Agreement.
PREPARED BY: Scott R. Teach, Deputy County Attorney
Agenda Item No. 16K2
September 29,2009
Page 2 of 5
ATTACHMENT: Amendment to Agreement
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Page 1 of 1
Agenda Item No. 16K2
September 29, 2009
Page 3 of 5
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number: 16K2
Item Summary: Recommendation to amend the Legal Services Contract the Board approved with de la Parte
& Gilbert, P.A., for litigation related to Orange Tree Utility Co. v. Collier County, Case No. 07-
2333 to clarify the Scope of Work to include providing specialized utility legal services in
connection with Orange Trees recent appeal of an entry of summary judgment in favor of the
County.
Meeting Date: 9/29/2009 9:00:00 AM
Prepared By
Scott R. Teach Assistant County Attorney Date
County Attorney County Attorney Office 9/16/200912:19:11 PM --
Approved By
James W. DeLany Public Utilities Administrator Date
Public Utilities Public Utilities Administration 9/16/200912:50 PM
Approved By
Scott R. Teach Assistant County Attorney Date
County Attorney County Attorney Office 9/17/20095:39 PM
Approved By
Jeff Klatzkow County Attorney Date
County Attorney County Attorney Office 9/18/20091:37 PM
Approved By
OMB Coordinator OMB Coordinator Date
County Manager's Office Office of Management & Budget 9/18/20092:50 PM
Approved By
John A. Yonkosky Director of the Office of Management Date
County Manager's Office Office of Management & Budget 9/18/20095:10 PM
Approved By
Leo E. Ochs, Jr. Deputy County Manager Date
Board of County County Manager's Office
Commissioners 9/19/20099:33 AM
file://C:\Agendatest\export\135-September 29,2009\16. CONSENT AGENDA\16K. COUN... 9/23/2009
Agenda Item No. 16K2
September 29,2009
Page 4 of 5
AMENDMENT TO AGREEMENT
TInS AMENDMENT TO AGREEMENT for Legal Services for Litigation Related to
Orange Tree Utility, Co. vs. Collier County, Case No. 07-2333-CA is entered into on the below
date by Collier County, Florida, a political subdivision of the State of Florida, 1hrough its Board
of County Commissioners, hereinafter referred to as the "County," and de la Parte & Gilbert,
P.A., hereinafter referred to as the "Consultant."
WITNESSETH
WHEREAS, on July 28, 2009, the Consultant and the County entered into an Agreement
wherein the County agreed to retain the Consultant to provide professional legal services in
connection with litigation with Orange Tree Utility Co., pending in the Circuit Court for Collier
--_ Comity designated as Case No.. 07-2333-CA; and
WHEREAS, the professional services to be rendered under the Agreement as specified in
Exhibit .+ A, " the "Scope of Work," was silent as to providing legal services in the event that the
final disposition of the litigation was appealed by either party; and
WHEREAS, a :final order was entered by the Court in favor of Collier County and against
Orange Tree Utility Co., on August 28, 2009, whjch Orange Tree is appealing to the Second
District Court of Appeal; and
WHEREAS, it was and is the parties' intent that ~o nmnber three (3) in the Scope
,of Work include the performance of legal services necessary in connection with any appeal of
the litigation; and
NOW, THEREFORE, in consideration of the mutual promises and covenants contained
herein~ the parties hereto agree to amend the Scope of Work to the Agreement as follows:
Un-numbered paragraph one:
"Following is an estimated budget for the Collier County v. Orange Tree Utility
Co. case presently in litigation. Since the litigation. related to this case is currently
ongoing and discovery has commenced, there are separate budgets for 3 possible
scenarios: (1) the County obtains a summary judgment in its favor following depositions;
(2) a settlement is reached between the parties prior to trial; (3) the County is unable to
obtain summary judgment or settle the matter and the case goes to trial or. alternatively.
in the event that a final order is entered by the court prior to trial and is appealed by either
~
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Scenario 3 - Trial or ADoeal
...
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Agenda Item No. 16K2
September 29, 2009
Page 5 of 5
Note: The total estimated budget of $550,000 (Scenario 3) if the case proceeds to trial
or in the event that a final order is entered by the court prior to trial and is aooealed by
either oartv includes approximately $192,952 $236.154.85 in fees and costs to date.
IN WITNESS WHEREOF, the parties have executed this Amendment to the Agreement
on this 29th day of September, 2009, with the intention to attach this Amendment to the original
Agreement.
ArrEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, Clerk COLLIER COUNTY. FLORIDA
By: By:
. Deputy Clerk DONNA FIALA, Chairman
de la Parte & Gilbert. P.A.
Consultant
BY:~ct. ~~
Nanle: Edward de ~ Parte, President
Second Wi ss ...
J;67U I $6=" r. V( r't't 0 ND
Typelprint witness name
Approved as to form and
legal sufficiency:
~tJ-pl{j~~L
Scott R. Teach
Deputy County Attorney
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