Backup Documents 09/29/2009 Item #16K 2
ORIGINAL DOCUMENTS CHECKLIST & ROUTING sLII 6 K 2
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document Original documents should be hand delivered to the Board Office. The completed routing slip and original
documents are to be forwarded to the Board Office only lifter the Board has taken action on the item,)
ROUTING SLIP
Complete routing lines # 1 through #4 as appropriate for additional signatures, dates, and/or information needed, If the document is already complete with the
exce tion of the Chairman's si nature, draw a line throu routin lines #1 throu h #4, com lete the checklist and forward to Sue Filson line #5 .
Route to Addressee(s) Office Initials Date
List in routin order
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3.
tJ'J F?J{)
4. Scott R. Teach, Deputy County Attorney County Attorney
09/30/09
5. Ian Mitchell, Supervisor Board of County Commissioners
6. Minutes and Records
Clerk of Court's Office
PRIMARY CONTACT INFORMATION
(The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive
summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing
information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the
item.)
Name of Primary Staff Scott R. Teach Phone Number 252-8400
Contact
Agenda Date Item was 09/29/09 Agenda Item Number 16-K-2
Aooroved bv the BCC
Type of Document Amendment to Agreement - Orange Tree Utility Number of Original I
Attached Co. v. Collier County Documents Attached
INSTRUCTlONS & CHECKLIST
Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is appropriate.
I.
Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the
Chairman, with the exception of most letters, must be reviewed and signed by the Office of the
County Attorney. This includes signature pages from ordinances, resolutions, etc, signed by the
County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully
executed by all parties except the BCC Chairman and Clerk to the Board and possibly State
Officials.
All handwritten strike-through and revisions have been initialed by the County Attorney's Office and
all other arties exce t the BCC Chairman and the Clerk to the Board
The Chairman's signature line date has been entered as the date of BCC approval of the document or SRT
the final ne otiated contract date whichever is a licable.
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's signature and SRT
initials are re uired.
In most cases (some contracts are an exception), the original document and this routing slip should be
provided to Sue Filson in the BCC office within 24 hours ofBCC approval. Some documents are
time sensitive and require lorwarding to Tallahassee within a certain time frame or the BCC's actions
are nullified. Be aware of our deadlines!
The document was approved by the BCC on Se m er 29 009 and all changes made during SRT
pora ed in the attached ocument. '
has reviewed the chan es, if a Iicable.
Please return 1 copy to Scott Teach, Deputy County Attorney and 1 copy to Tom Wides,
o erations Director, pun
N/A
2.
N/A
3.
4.
5.
6.
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16K 2
MEMORANDUM
Date:
October 1,2009
To:
Scott Teach, Deputy County Attorney
County Attorney's Office
From:
Teresa Polaski, Deputy Clerk
Minutes & Records Department
Re:
Amendment to Agreement - Orange Tree Utility
Co. vs. Collier County
Enclosed please find one copy of the document referenced above (Agenda
Item #16K2), approved by the Board of County Commissioners on
Tuesday, September 29, 2009.
If you should have any questions, please call me at 252-8411.
Thank you.
MEMORANDUM
16K 2
Date:
October 1 , 2009
To:
Tom Wides, Administrator
Public Utilities
From:
Teresa Polaski, Deputy Clerk
Minutes & Records Department
Re:
Amendment to Agreement - Orange Tree Utility Co. vs.
Collier County
Enclosed please find a copy of the document, as referenced above
(Agenda Item #16K2), approved by the Board of County Commissioners
on Tuesday, September 29, 2009.
The Minutes & Records Department has retained the original to be kept in
the Official Records of the Board.
Thank you.
Enclosure
16K2
AMENDMENT TO AGREEMENT
THIS 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, through 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
conIlection with litigation with Orange Tree Utility Co., pending in the Circuit Court for Collier
County 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, which Orange Tree is appealing to the Second
District Court of Appeal; and
WHEREAS, it was and is the parties' intent that scenario number 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
~
Scenario 3 - Trial or Appeal
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16K2
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 appealed by
either party 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.
ATTEST:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER /JUNTY, FLORI~A
I, I d ~
" I #-~
By: ~ tJ'?-r>-tA _ c:: ._~
DO A FIALA, Chairman
" I' ~"\. '
de la Parte & Gilbert, P.A.
Consultant
BY:~~ ~~
Name: Edward de la Parte, President
Approved as to form and
le~r72 j~
Scott R. Teach
Deputy County Attorney
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