Agenda 04/26/2016 Item #16K 2 4/26/2016 16.K.2.
EXECUTIVE SUMMARY
Recommendation to approve hiring and authorize the expenditure to retain Jim Nulman of
Nulman Mediation Services to serve as Mediator for a pre-suit Mediation with Affordable
Landscaping as required by the standard County Contract between the Parties.
OBJECTIVE: To retain a Mediator for a pre-suit Mediation with Affordable Landscaping.
CONSIDERATIONS: Collier County is currently engaged in two disputes with Affordable
Landscaping. The first dispute pertains to pallets of mulch taken by Affordable Landscaping
employees, without County staff authorization, and subsequently damaged beyond use. The
second dispute involves the total loss of median landscape at the Radio Road MSTU that
Affordable Landscaping contracted with the County to maintain.
Pursuant to the terms of the standard County contract, the next required step in the dispute
resolution process is for the parties to participate in mediation.
The County Attorney's Office and Counsel for Affordable Landscaping have agreed to retain
Jim Nulman to conduct the Mediation. The costs of the mediation shall be equally divided
between Collier County and Affordable Landscaping.
FISCAL IMPACT: Funds are budgeted and available in the Risk Management Property &
Casualty Fund. Nulman Mediation Services fees are a minimum of $600 for a half-day plus
expenses. The total amount shall be equally divided between the two parties.
GROWTH MANAGEMENT IMPACT: None.
LEGAL CONSIDERATIONS: This item has been prepared by the County Attorney's Office,
is approved as to form and legality, and requires a majority vote for Board approval. —CMG
RECOMMENDATION: For the Board to approve hiring and authorize the expenditure to
retain Jim Nulman of Nulman Mediation Services to serve as Mediator for a pre-suit Mediation
with Affordable Landscaping as required by the standard County Contract between the parties.
Prepared By: Colleen M. Greene, Assistant County Attorney
Attachment: Nulman Mediation Services Fee Sheet
15-CA-199/596
05-00A-01260/1241541/1
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4/26/2016 16.K.2.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.K.16.K.2.
Item Summary: Recommendation to approve hiring and authorize the expenditure to
retain Jim Nulman of Nulman Mediation Services to serve as Mediator for a pre-suit Mediation
with Affordable Landscaping as required by the standard County Contract between the Parties.
Meeting Date: 4/26/2016
Prepared By
Name: AllenDebbie
Title: Legal Office Administrator, CAO Office Administration
4/15/2016 2:29:47 PM
Submitted by
Title: Assistant County Attorney, CAO General Services
Name: GreeneColleen
4/15/2016 2:29:49 PM
Approved By
Name:NoellKevin
Title: Assistant County Attorney, CAO General Services
Date: 4/15/2016 3:01:40 PM
Name: GreeneColleen
Title: Assistant County Attorney, CAO General Services
Date: 4/15/2016 3:55:28 PM
Name: KlatzkowJeff
Title: County Attorney,
Date: 4/15/2016 4:24:39 PM
Name: IsacksonMark
Title: Division Director-Corp Fin&Mgmt Svc, Office of Management&Budget
Date: 4/18/2016 10:39:41 AM
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4/26/2016 16.K.2.
Name: CasalanguidaNick
Title: Deputy County Manager, County Managers Office
Date: 4/18/2016 1:14:42 PM
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4/26/2016 16.K.2.
3
1 NULMAN
-.! Mediation Services
Fee Schedule
Rates: $195 per party per hour with 2 parties; $145 per party per hour with 3 parties; $120 per
party per hour with 4 parties; $500 per hour with 5 to 9 parties (divided equally among the
parties); and $600 per hour with 10 or more parties (divided equally among the parties). A
"party" is defined as one or more persons or entities who have a common interest and who are
represented by a single attorney or firm (or lead counsel and local counsel,or insurance
defense counsel and independent counsel).
Minimum Fee: The minimum fee for a mediation scheduled for a half day in Lee County is two
hours time, and the minimum fee for a mediation scheduled for a half day outside of Lee County
is three hours time. The minimum fee for a mediation scheduled for a whole day in Lee County
is four hours time, and the minimum fee for a mediation scheduled for a whole day outside of
Lee County is five hours time. Time is billed in quarter hour increments.
Travel Time: There is never a charge for travel time for mediations conducted in Lee, Collier,
Charlotte and Hendry counties. For mediations conducted outside those four counties, there will
be a charge for travel time at $195 per hour, divided equally by the number of parties. If airline
travel or an overnight stay is necessary, airfare, lodging and food will be billed at their actual
cost.
Payment: Credit is extended to counsel only, who are primarily responsible for payment. As a
result, counsel are requested to have their clients bring a check to the mediation, or to obtain
sufficient retainer funds from their clients in order to cover the mediation fees.
Cancellation Policy: If scheduled for a half day, a cancellation fee of two hours time will be
charged at the applicable hourly rate if cancelled less than fourteen (14)full calendar days
before the scheduled Mediation date. If scheduled for a whole day, a cancellation fee of four
hours time will be charged at the applicable hourly rate if cancelled less than fourteen (.1.4)full
calendar days before the scheduled Mediation date. For example, to avoid a cancellation fee, a
mediation scheduled on a Monday (regardless of the start time) must be cancelled by no later
than 5:00 p.m. two Mondays before the date scheduled for the mediation; a mediation
scheduled on a Tuesday (regardless of start time) must be cancelled by no later than 5:00 p.m.
two Tuesdays before the date scheduled for the mediation, etc. Cancellation fees will be billed
to the party or parties requesting the cancellation. Cancellation fees apply regardless of whether
the mediation being cancelled is, or is to be, rescheduled. However, cancellation fees will NOT
apply if we are able to schedule another mediation in place of the cancelled mediation (i.e., on
the date it has been cancelled). If a mediation is scheduled 14 or fewer days before the
scheduled date and is then cancelled, the cancellation fee will apply if it is cancelled less than 7
full calendar days before the scheduled date. If a mediation is scheduled 7 or fewer days before
the scheduled date and is then cancelled, no cancellation fee will be due. For mediations
scheduled for more than one day, the foregoing cancellation fees shall apply if any one or more
of the scheduled days is cancelled less than thirty (30)full calendar days before the scheduled
date.
15880 Summerlin Road Suite 300 PMB 146 • Fort Myers, Florida 33908
239/433-3539 (o) • 239/433-0067 (1) • www.nulmanmediation.com
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