Agenda 03/25/2014 Item #16K4 3/25/2014 16.K.4.
EXECUTIVE SUMMARY
Recommendation to approve an expenditure of $5,000 for mediation services for Jim
Helinger, Jr. (Project Number 51101), and to authorize the County Attorney to retain Mr.
Helinger for future mediations under the terms of the attached letter.
OBJECTIVE: To compensate a mediator retained 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. Around the time of
the Board's enacting the new Purchasing Ordinance, opposing counsel and the County
Attorney's Office agreed upon Jim Helinger, Jr. to serve as mediator. Mediation was held on
February 20, 2014 and the parties contingently settled the case Collier County v. John D.
Lawrence, et al., for the construction of the Lely Area Stormwater Improvement Project (No.
51101).
Prior to the adoption of the new Purchasing Ordinance, in keeping with the then Purchasing
Policy mediators were retained by the County Attorney's Office without the prior approval of the
Board. On a prospective basis this Office will first go to the Board for approval.
The County Attorney's Office is recommending that the Board approves the expenditure of
$5,000 for services rendered by Jim Helinger, Jr., and that the County Attorney's Office be
authorized to retain Mr. Helinger for future mediations on the same terms and conditions set
forth in the attached letter.
FISCAL IMPACT: The cost of $5,000 is already encumbered under Purchase Order
4500149134 in Stormwater Fund (325),Project No. 51101. Source of funds are ad valorem.
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 approves an expenditure of $5,000 for mediation
services for Jim Helinger, Jr. (Project Number 51101), and authorizes the County Attorney to
retain Mr. Helinger for future mediations under the terms of the attached letter.
Prepared By: Emily R. Pepin, Assistant County Attorney
Attachments: January 21, 2014 fee letter
Packet Page-1673-
3/25/2014 16.K.4.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.K.16.K.4.
Item Summary: Recommendation that the Board approves an expenditure of$5,000 for
mediation services for Jim Helinger,Jr. (Project Number 51101), and authorizes the County
Attorney to retain Mr. Helinger for future mediations under the terms of the attached letter.
Meeting Date: 3/25/2014
Prepared By
Name: CrotteauKathynell
Title: Legal Secretary, CAO Office Administration
3/19/2014 2:21:40 PM
Approved By
Name: PepinEmily
Title: Assistant County Attorney, CAO Litigation
Date: 3/19/2014 3:02:52 PM
Name: lsacksonMark
Title: Director-Corp Financial and Mngmt Svs, Office of Management&Budget
Date: 3/19/2014 3:53:40 PM
Name: KlatzkowJeff
Title: County Attorney,
Date: 3/19/2014 4:16:05 PM
Name: OchsLeo
Title: County Manager, County Managers Office
Date: 3/19/2014 4:28:07 PM
Packet Page-1674-
3/25/2014 16.K.4.
Law Offices of
JAMES A. HELINGER, JR., P.A.
4756 CENTRAL AVENUE
ST.PETERSBURG,FLORIDA 33711
TELEPHONE(727)328-7100
JIM 1IELINGER,JR.
FAX(727)328-7103
January 21, 2014 jim@helingerlaw.com
Kathy Crotteau, Legal Secretary
Office of the Collier County Attorney
3299 East Tamiami Trail, Suite 800
Naples, Florida 34112-5749
RE: Collier County v. John D. Llawrence
Case No. 11-3207-CA
Parcel 206DAME-
Mediation-February 20, 2014
Dear Kathy:
Please be advised that my hourly rate for Mediations is $300.00. In addition to the
Mediation Conference, this will include any time reading and reviewing Mediation
Summaries, conferring with the attorneys before or after the Mediation, and traveling to
and from the Mediation.
If you require any further information, please contact me.
Very trul yours,
is ELINGER JR.
JAHjr:jr
Tax Identification No. 59-1952574
Packet Page-1675-