Heather_Encinosa_NG&N_-_Justification_.pdf

Purchasing Serv ices

BREVARD COUNTY BOARD OF COUNTY COMMISSIONERS

SINGLE/SOLE SOURCE JUSTIFICATION AND APPROVAL FORM

PLEASE F.ORWARD ALL RE UESTS TO: Sin leSource brevardfl. ov Sole Source: The ONLY known supplier for unique products and services where no other options are available.

Single Source: Though there may be alternate sources for the product or service requested, circumstances dictate the use of the proposed vendor. (i.e., availability, timeliness, location, etc.)

PART I - GENERAL REQUESTOR INFORMATION

Date Submitted: 11 /18/25

Requisition #: _

Requesting Department: U_t_il_it.,,_y_S_e_r_v_ic_e_s _

Contact Person/Phone#: Angel Dutton 321-733-3349

One-time Purchase [2] // Annual Purchase D Amount of Purchase: $50,000 (One time) II ______ (Estimated annual amount)

PART II - RECOMMENDED VENDOR INFORMATION

vendor/Contractor Name: Heather J. Encinosa; Nabors, Giblin & Nickerson, P.A. (NG&N)

Vendor/Contractor Contact Name: Heather J. Encinosa ------------------------- Vendor/Contractor Phone: 850-224-4070 ---------------------------- Vendor/Contractor Email: Hencinosa@ngnlaw.com

PART 111- SINGLE/SOLE SOURCE VALIDATION

1. Provide a detailed description of service/commodity to be provided by the vendor. I See Attached Page for Validation

2. State why the recommended vendor is the only one capable of providing the required supplies and/or commodities. Include any back-up information or documentation that supports your recommendation. (Acceptable responses to this question will include strong pragmatic/technological information that supports the claim that there is only one vendor that can provide the services and/or commodities). Attach vendor letter and additional sheet if necessary.

I See Attached Page for Validation

3. List any other sources that have been contacted and explain in detail why they cannot fulfill the County's requirements. (Responses to this section should include information pertaining to any research that was conducted to establish that the vendor is a sole source.

Responses should include information pertaining to discussions with other potential suppliers, and why they were no longer being considered by the County). I See Attached Page for Validation

Check all entries below that apply to the proposed purchase which exempt formal competition. (More than one entry will apply to most sole source products/services requested).

1. SOLE SOURCE REQUEST IS FOR THE ORIGINAL MANUFACTURER OR PROVIDER.

THERE ARE NO REGIONAL DISTRIBUTORS. (Attach the manufacturer's written communication that no regional distributors exist. Item no. 4 must also be completed.)

2. SOLE SOURCE REQUEST IS FOR THE ONLY STATE OF FLORIDA DISTRIBUTOR OF

THE ORIGINAL MANUFACTURER OR PROVIDER. (As a separate document, include the manufacturer's - not the distributor's - written certification that identifies all regional distributors.

Item no. 4 must also be completed.)

3. THE PARTS/EQUIPMENT ARE NOT INTERCHANGEABLE WITH SIMILAR PARTS OF

ANOTHER MANUFACTURER. PARTS ARE "DIRECT REPLACEMENTS"

PARTS/COMPONENTS FOR EXISTING EQUIPMENT.

4. THIS IS THE ONLY KNOWN ITEM OR SERVICE THAT WILL MEET THE SPECIALIZED

NEEDS OF THIS DEPARTMENT OR PERFORM THE INTENDED FUNCTION.

5. THE PARTS/EQUIPMENT REQUIRED FROM THIS SOURCE ARE TO PERMIT

STANDARDIZATION. (Attach separate memorandum describing the basis for standardization request.)

6. NONE OF THE ABOVE APPLIES. A DETAILED EXPLANATION AND JUSTIFICATION FOR

THIS SOLE SOURCE REQUEST IS CONTAINED IN AN ATTACHED MEMORANDUM.

PART IV- CERTIFICATION AND APPROVALS

have reviewed the following Single/Sole Source justification and concur with the request, fully understanding the implications of Section 838.22, Florida Statutes:

(2) "It is unlawful for a public servant or a public contractor who has contracted with a governmental entity to assist in a competitive procurement to knowingly and intentionally obtain a benefit for any person or to cause unlawful harm to another by circumventing a competitive solicitation process required by law or rule through the use of a sole-source contract for commodities or services."

(3) "It is unlawful for any person to knowingly agree, conspire, combine, or confederate, directly or indirectly, with a public servant or a public contractor who has contracted with a governmental entity to assist in a competitive procurement to violate subsection (1) or subsection (2)."

(5) "Any person who violates this section commits a felony of the second degree, punishable as provided in sections. 775.082, 775.083, and 775.084, Florida Statutes."

Each undersigned individual hereby attests that he/she took part in the non-competitive procurement identified above, and has revie ed Chapter 838, Florida Statutes, as it relates to sole source contracts, and that he/she is independe f, and s nflict of interest in, the entity evaluated and selected.

Requisitioner Signature: ->.o::-::!:::,,.....,.Cf-",dC;:;::,---¥--"//~~J;;;;t..,-l~'-A. __ i')_,._"~------ Date: U11 18 /z \ ---=--_;_-~=----- Date: ~ZJ

Purchasing Manager's approval: Date: ------------------ ----- Assistant County Manager/County Manager Approval (as applicable-ACM $50K-$100K//County Manager $100K-$200K// BoCC $200K<):

__________________ Date: _

Sole Source Approval ID #: _ 4881125

11/25/2025

Single/Sole Source Justification Form - Continued

1. Detailed description of the service to be provided

The vendor will provide specialized legal services to draft a comprehensive Utility Sewer Use Ordinance for Barefoot Bay that complies with all requirements of Chapter 403, F.S., Rule 62-625, F.A.C., and the Florida Department of Environmental Protection (FDEP). This ordinance is required by FDEP as part of Brevard County Utility Services' mandated Industrial Pretreatment Program for the Sykes Creek and South Central Regional Wastewater Treatment Facilities, as outlined in the attached permit revisions and compliance schedules (requiring a draft ordinance within 90 days and a final ordinance within 270 days).

Services include:

• Drafting a legally enforceable sewer use ordinance suitable for adoption by the Board of County Commissioners.

• Ensuring the ordinance includes all required pretreatment authority provisions, local limits, enforcement mechanisms, prohibitions, permitting structures, and federal categorical pretreatment standards.

• Coordinating with County staff and the County Attorney's Office to ensure consistency with County Code and existing utility regulations.

• Ensuring compliance with FDEP's mandated pretreatment program requirements and timelines.

• Providing legal analysis, revisions, and guidance during ordinance development, review, and adoption.

This work requires utility-focused legal drafting, regulatory interpretation, and specialized technical knowledge of wastewater pretreatment programs.

2. Why the recommended vendor is the only one capable of providing the required service

The required ordinance must be drafted by an attorney who specializes in Florida public utilities law, wastewater pretreatment regulation, environmental permitting, and local government statutory compliance. The recommended vendor, Heather Encinosa of Nabors, Giblin & Nickerson (NG&N), is uniquely qualified because:

a. She is a statewide subject-matter expert in public utilities, environmental law, and local government regulation.

She regularly drafts utility ordinances, water/wastewater rate structures, franchise agreements, and regulatory compliance documents for counties, municipalities, and utility authorities throughout Florida.

b. She has prior history drafting ordinances and legal documents for Brevard County and other utilities, meaning she already understands County Code, structure, and operational objectives-resulting in less risk, faster timelines, and greater legal defensibility.

c. The County Attorney's Office has confirmed they are unable to draft this ordinance, and explicitly supports using this firm based on technical specialization. This establishes that the service cannot be performed internally.

d. FDEP's permit revisions impose strict, time-limited requirements for a draft and final sewer use ordinance that must comply with Chapter 403, F.S., and Rule 62-625, F.A.C. These requirements leave no margin for legal error.

e. The ordinance must withstand legal scrutiny under §403.131 enforcement authority.

Because DEP can pursue injunctions or penalties for noncompliance, a firm with deep environmental regulatory experience is required.

f. NG&N is recognized statewide as the leading Florida firm for utilities and local government environmental regulation, and Ms. Encinosa is lead counsel for a Florida utility authority, giving her unmatched familiarity with the technical components of pretreatment programs.

Given these factors, NG&N is the only vendor with the combination of legal, environmental, regulatory, and utility-specific experience necessary to produce an ordinance that will be accepted by FDEP and legally defensible for County implementation.

3. Other sources contacted and why they cannot fulfill the County's requirements

No other sources were contacted.

The County Attorney's Office reviewed the required scope of work and determined that:

a. They cannot produce the ordinance internally due to specialization limitations, and

b. This work requires highly specialized external legal counsel with experience in Florida utility ordinances and FDEP pretreatment compliance.

The service needed is not general legal drafting-it is a narrow specialty requiring expertise in:

• Industrial Pretreatment Program requirements

• Sewer use ordinance drafting under Rule 62-625

• Environmental and wastewater regulatory law

• Enforcement and local limits frameworks

• FDEP permit compliance and timelines

• Local government statutory authority under Chapter 403, F.S.

Because this combination of qualifications is not available from general municipal attorneys or non-specialized law firms, and because failure to meet the FDEP schedule exposes the County to regulatory enforcement (including under §403.131 ), it was determined that only NG&N-and specifically attorney Heather Encinosa-possesses the necessary expertise and proven track record to meet the County's needs.

Therefore, contacting other firms would not yield any vendors capable of delivering the required service at the level of specialization and legal defensibility mandated by the FDEP pretreatment program.