Agenda 03/11/2014 Item #16K13/11/2014 16.K.1.
EXECUTIVE SUMMARY
Recommendation to waive competition pursuant to Section Eleven B 5 of the Purchasing
Ordinance and approve an expenditure of $7,000.00 for mediation services for the firm
Gaylord, Merlin, Ludovici and Diaz to settle pending eminent domain litigation. (Project
Nos. 60171 and 51101)
OBJECTIVE: To hire a mediator in order to settle pending eminent domain litigation.
CONSIDERATIONS: The majority of eminent domain lawsuits pursued by the County are
resolved through mediation conducted by skilled and experienced mediators. Opposing counsel
and the County Attorney's Office have agreed on Andrew Diaz of Gaylord, Merlin, Ludovici and
Diaz, who is one of those experienced mediators with whom the County has had success in the
past. The mediation is anticipated to settle just compensation for parcels taken for Project Nos.
60171 (Tree Farm Road) and 51101 (Lely Area Stormwater Improvement Project).
In eminent domain, the County is required to pay all costs of litigation, including mediation. The
cost of mediation for two 4 -hour mediations, including preparation time and travel time is not
expected to exceed $7,000.00. The County Attorney's Office is recommending that the Board
waive competition and hire Andrew Diaz pursuant to Section Eleven B 5 at the rate in line with
the attached proposal.
FISCAL IMPACT: The cost of $3,500 is available in gas tax Fund (313) for Project No 60171
n and $3,500 is available in Stormwater Fund (375), Project No. 51101.
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. — ERP
RECOMMENDATION: That the Board of County Commissioners waives competition
pursuant to Section Eleven B 5 of the Purchasing Ordinance and approves the expenditure of
$7,000.00 for mediation services for the firm Gaylord, Merlin, Ludovici and Diaz.
Prepared By: Emily R. Pepin, Assistant County Attorney
Attachments: Proposal from Andrew Diaz
09- 9432- CA/169
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3/11/2014 16.K.1.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.K.16.K.1.
Item Summary: Recommendation to waive competition pursuant to Section Eleven B 5 of
the Purchasing Ordinance and approve an expenditure of $7,000 for mediation services for the
firm Gaylord, Merlin, Ludovici and Diaz. (Project Nos. 60171 and 51101)
Meeting Date: 3/11/2014
Prepared By
Name: NeetVirginia
Title: Legal Assistant/Paralegal, CAO Office Administration
2/26/2014 3:45:55 PM
Submitted by
Title: Assistant County Attorney, CAO Litigation
Name: PepinEmily
2/26/2014 3:45:56 PM
Approved By
Name: HendricksKevin
Title: Manager - Right of Way, Transportation Engineering & Construction Management
Date: 2/27/2014 9:06:05 AM
Name: TaylorLisa
Title: Management/Budget Analyst, Transportation Administration
Date: 2/27/2014 2:09:36 PM
Name: KearnsAllison
Title: Manager Financial & Operational Support, Transportation Administration
Date: 2/27/2014 3:06:23 PM
Name: ShueGene
Title: Director - Operations Support, Transportation Administration
Date: 2/27/2014 3:06:30 PM
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3/11/2014 16. K.1.
Name: PepinEmily
Title: Assistant County Attorney, CAO Litigation
Date: 2/27/2014 3:31:34 PM
Name: MarcellaJeanne
Title: Executive Secretary, Transportation Planning
Date: 2/28/2014 12:48:04 PM
Name: KlatzkowJeff
Title: County Attorney,
Date: 2/28/2014 1:57:41 PM
Name: IsacksonMark
Title: Director -Corp Financial and Mngmt Svs, Office of Management & Budget
Date: 3 /4/2014 9:17:29 AM
Name: IsacksonMark
Title: Director -Corp Financial and Mngmt Svs, Office of Management & Budget
Date: 3/4/2014 10:35:38 AM
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3/11/2014 16.K.1.
Diaz Mediation
Andrew G. Diaz, Esq.
Certified Circuit Mediator
January 27, 2014
Emily R. Pepin, Esquire Charles R. Forman, Esquire
Collier County Attorney's Office Forman, Hanratty, Thomas & Montgomery
Harmon Turner Building 723 East Fort King Street
3299 E. Tamiami Trail, Suite 800 Ocala, FL 34471
Naples, FL 34112
RE: Collier County v. L & R Ram (Parcels 169DE1, 169DE2 & 169TCE)
Mediation — May 5, 2014 beginning at 1:00 p.m. — 5:00 p.m.)
Collier Coup y_v. Naples Syndication�et_al,
Mediation — May 6, 2014 beginning at 9:00 a.m.
Dear Emily and Charles:
This will confirm that the above - referenced cases has been scheduled for mediation on the above
dates and times at the Office of the Collier County Attorney's Office, 3299 E. Tamiami Trail, Suite 800,
Naples, Florida.
The fee for my services is $185.00 per hour to be paid by Collier County. In addition to the
mediation conference this will include any time reading and reviewing mediation summaries or
conferring with you before or after the mediation. The mediation will be conducted in accordance with
the Rules under Chapter 44, Florida Statutes. Any information that you provide me prior to mediation
will be kept confidential unless you expressly waive that confidentiality.
It would be helpful to the mediation process if you would provide me with a mediation summary,
a copy of the parties' appraisals, and any other relevant pleadings. I would appreciate your providing me
with these documents at least one (1) week prior to the scheduled mediation.
I look forward to seeing you and your clients at the mediation. Please do not hesitate to give me a
call with any questions or comments. Thanks.
AGD /ck
Andrew G. Diaz
5001 Nest Cypress Street / Tampa, Florida 33607 -3803
Tel: 813- 221 -9000 / Fax: 813- 221 - 9030 /E -mail: Andrew @ADiazMediation.com
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