Agenda 04/22-23/2008 Item #16C 3
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Agenda Item No. 16C3
April 22, 2008
Page 1 of 5
EXECUTIVE SUMMARY
Recommendation to approve the addition of $100,000.00 to increase the annual limit to
$600,000.00 for the existing fixed term contract 05-3792 "Fixcd Term Utility Specialized
Legal Services" for de la Parte & Gilbert, P.A. Attorneys at Law, representing the interests
of Collier County, a Political Subdivision of the State of Florida, in utility specific litigation
and regulatory matters, and approve all the necessary budget amendments in the amount
of $400,000.00.
OBJECTIVE: To gain Board of County Commissioners approval for the addition of
$100,000.00 to increase the annual limit to $600,000.00 for the existing fixed term contmct 05-
3792 "Fixed Term Utility Specialized Legal Services" for de la Parte & Gilbert, P.A. Attorneys
at Law, representing the interests of Collier County, a Political Subdivision of the State of
Florida. The contract limit is specified as $500,000 annually, unless a greater amount is
approved by the Board of County Commissioners. The firm of de la Parte & Gilbert, P.A. is
representing the utility in the litigation resulting from the Complaint filed by the Orange Tree
Utility Company in the Circuit Court ofthc Twentieth Judicial Circuit, in and for Collier County,
Florida; the litigation resulting from the Petition for Administrative Hearing filed by the Pelican
Bay Foundation, Inc. filed with the South Florida Water Management District: and other utility
specific assignments that may occur. Current projections indicate that contract expenditure
during this fiscal year, will be approximately $600,000.00
CONSIDERATIONS: In consultation with the County Attorney's Office, it was concluded that
it is in the best interests of the County to contract an outside counsel, with specific expertise in
utility specialized legal services litigation and other specific legal assignments. The firm of de la
Parte & Gilbert, P .A. Attorneys at Law is under the fixed term contract with the County and has
extensive experience in trial and appellate litigation involving a wide variety of issues, including
utility regulation, acquisition and expansion. Thcir lawycrs appear in all state and federal courts,
and all administrative forums. In addition, dc la Parte & Gilbert has provided opinion and other
legal services to the Collier County, Public Utilities Division, over recent years because of their
wide knowledge and experience of the utilities business.
Related Litigation
The Orange Tree Utility Company and Collier County Water-Sewer District (CCWSD) are
parties to an Agreement, dated May 28, 1991, and amended on May 14, 1996 and August 4,
1998. Both Parties are subject to Collier County Ordinance No. 2004-73. Under the terms of the
foregoing Agreement and the now existing amendments to the Agreement, Orange Tree Utility
Cornpany has the authority to continue their operation of their water and sewer utilitics until at
least 2012, at which time the County shall give one years' advance notice of its formal request to
provide or assume utilities serviccs to the service area of the Orange Tree Utility Company.
Orange Tree Utility Company has filed a Complaint, in the Circuit Court of the Twentieth
Judicial Circuit, in and for Collier County, Florida, against Collier County based on the
requirement of the Agreement that the privately owned treatment and distribution/collection
Executive Summary
Page 2
Agenda Item No. 16C3
April 22, 2008
Page 2 of 5
system including its custorner base be dedicated and conveyed to the County without any
compensation.
The Pelican Bay Foundation, Ine. filed a Petition for Administrative Hearing with the South
Florida Water Management District (SFWMD) with regards to the issuance of Water Use Permit
No. 11-00052-W, Application No. 050225-37, which renews the Collier County, Water-Sewcr
District's existing water use permit. Following a successful intervention by the firm of de la Parte
& Gilbert in consultation with the County Attorncy's Office a Recommcnded Order Dismissal
was delivered from the Division of Administrative Hearings.
The Pelican Bay Foundation, Inc. has further requested the Florida Department of Environment
Protection (FDEP) to deny or condition the renewal of Permit FLOl41399 for the North County
Water Reclamation Facility over misuse of rights granted to the CCWSD. At this time we have
not received notification that the Pelican Bay Foundation has formally petitioned FDEP for a
hearing.
In addition to the litigation outlined above, opinion and legal services are sought from de la Parte
& Gilbert on permitting, acquisition and other rcgulatory matters.
FISCAL IMP ACT: Budget amendmcnts are needed to allocate the $ I 00,000.00 to pay for legal
services as detailed below. The Budget Amendment for Fund 4] 2 transfers existing budget to pay
for Pelican Bay related legal scrvices.
Fund Decrease Budget Increase Budget Budget
Amendment
Fund # Fund Name Project # Proj ect Project # Project Amount
Name Name
411 Water 701541 NE 750]0] Evaluation $50,000.00
Impact Fee Regional of Orange
WTP Tree
413 Wastewater 73]55] NE 750102 Evaluation $50,000.00
Impact Fee Regional of Orange
WTP Tree I
I
.
Sub-Total $100,000.00
4]2 Water 710571 NCRWTP 1710581 I Initial $300.000.00
Capital RO Process Water I
I
Legal I
, Services
--4--
------~---,---._---- Total $400,000.00
.------
Executive Summary
Page 3
Agenda Item No. 16C3
April 22, 2008
Page 3 of 5
GROWTH MANAGEMENT IMPACT: This project is consistent with and furthers the goals,
objectives, and policies of the Collier County Growth Management Plan. This project meets
current Growth Management Plan standards to ensure the adequacy and availability of viable
public facilities.
RECOMMENDATIONS: Recommendation to approve the addition of $1 00,000.00 to increase
the annual limit to $600,000.00 for the existing fixed term contract 05-3792 "Fixed Term Utility
Specialized Legal Services" for de la Parte & Gilbert, P.A. Attorneys at Law, representing the
interests of Collier County, a Political Subdivision of the State of Florida, in utility specific
litigation and regulatory matters and approve all the necessary budget amendments in the amount
of $400,000.00.
PREPARED BY: Peter Lund, Division Operations Analyst, Public Utilities Division.
Page I of2
Agenda Item No. 16C3
April 22, 2008
Page 4 of 5
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
16C3
Item Summary:
Recommendation to approve the addition of $100,000 to increase the annuallimlt to
$600,000 for the existing fixed term contract 05~3792 "Fixed Term Utility Specialized Legal
Services" for de la Parte & Gilbert, P.A. Attorneys at Law, representing the interests of Collier
County, a Political Subdivision of the State of Florida, in utility specific litigation and
regulatory matters, and approve all the necessary budget amendments in the amount of
$400,000
4/22/2008 90000 AM
Meeting Date:
Approved By
Paul Mattausch
Water Director
Date
Public Utilities
Water
4/6/20084:27 PM
Approved By
Thomas Wides
Operations Director
Date
Public Utilities
Public Utilities Operations
4/7/200810:34 AM
Approved By
Dianna Perryman
Contract Specialist
Date
Administrative Services
Purchasing
4/812008 9:42 AM
Approved By
Steve Carnell
Purchasing/General Svcs Director
Date
Administrative Services
Purchasing
4/8/2008 11 :35 AM
Approved By
Scott R. Teach
Assistant County Attorney
Date
County Attorney
County Attorney Office
4/9/2008 1 :40 PM
Approved By
James W. DeLany
Public Utilities Administrator
Date
Public Utilities
Public Utilities Administration
4/10/20087:59 AM
Approved By
OMS Coordinator
OMS Coordinator
Date
County Manager's Office
Office of Management & Budget
4/10120088:21 AM
Approved By
Susan Usher
Senior Management/Budget Analyst
Date
County Manager's Office
Office of Management & Budget
4/15/2008 12:24 PM
Approved By
James V. Mudd
County Manager
Date
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Agenda Item No. 16C3
April 22, 2008
Page 5 of 5
Board of County
Commissioners
County Manager's Office
4/151200812;58 PM
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