Agenda 04/08/2014 Item #16K24/8/2014 16.K.2.
EXECUTIVE SUMMARY
Recommendation to approve payment not to exceed S13,000 from the existing Purchase
Order for mediation services for William B. Smith, P.A. related to the US 41 /Collier Blvd.
Intersection Improvements (Project Number 60116).
OBJECTIVE: To compensate a mediator to be 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. Opposing counsel
and the County Attorney's Office have agreed on William B. Smith, who is one of those
experienced mediators for which the County has had success with in the past. The parties are
required by the Court to go to mediation over the payment of expert fees and costs for trial prior
to proceeding to a fee hearing.
The County Attorney's Office is recommending that the Board approves the expenditure not to
exceed 513,000 from the existing purchase order for services to be rendered by William B.
Smith. The mediation is presently scheduled for May 27`h
FISCAL IMPACT: The cost of $13,000 is available in an existing purchase order (PO 4 -5-
147882). Source of funds are impact fees. Based on our prior experience with Mr. Smith, it is
expected that the actual cost will be substantially lower.
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 approves payment not to
exceed 513,000 from the existing purchase order for mediation services for William B. Smith
(Project No. 60116).
Prepared By: Emily R. Pepin, Assistant County Attorney
Attachments: March 21. 2014 fee letter
1 '- 0'_'59 -CA /196
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4/8/2014 16.K.2.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.K.16.K.2.
Item Summary: Recommendation to approve payment not to exceed $13,000 from the
existing Purchase Order for mediation services for William B. Smith, P.A. related to the US
41 /Collier Blvd. Intersection Improvements (Project Number 60116).
Meeting Date: 4/8/2014
Prepared By
Name: CrotteauKathynell
Title: Legal Secretary, CAO Office Administration
3/26/2014 3:24:51 PM
Approved By
Name: NendricksKevin
Title: Manager - Right of Way, Transportation Engineering & Construction Management
Date: 3/26/2014 4:57:58 PM
Name: TaylorLisa
Title: Management/Budget Analyst. Transportation Administration
Date: 3/27/2014 3:05:47 PM
Name: AhmadJav
Title: Director - Transportation Engineering, Transportation Engineering & Construction Management
Date: 3/27/2014 3:30:06 PM
Name: ShueGene
Title: Director - Operations Support, Transportation Administration
Date: 3/27/2014 3:59:08 PM
Name: KearnsAllison
Title: Manager Financial & Operational Support, Transportation Administration
Date: 3/28/2014 4:32:39 PM
Name: MarcellaJeanne
Title: Executive Secretary, Transportation Planning
Date: 3/28/2014 4:51:50 PM
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4/8/2014 16.K.2.
Name: PepinEmily
Title: Assistant County Attorney, CAO Litigation
Date: 3/31/2014 3:59:19 PM
Name: lsacksonMark
Title: Director -Corp Financial and Mngmt Svs, Office of Management & Budget
Date: 3/31/2014 4:23:33 PM
Name: KlatzkowJeff
Title: County Attorney,
Date: 3/31/2014 4:57:07 PM
Name: OchsLeo
Title: County Manager, County Managers Office
Date: 4/1/2014 9:44:07 AM
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4/8/2014 16.K.2.
WILLIAM B. SMITH, P.A.
Attorney at Law
Certified Mediator
P.O. Box 1822 Telephone: (813) 251 -0530
Tampa, Florida 33679 -8223 e-mail: wbsmithna(-a��aol.com
March 21, 2014
Emily R. Pepin, Esq.
Collier County Attorney's Office
3299 E. Tamiami Trail, Ste. 800
Naples, FL 34112
Re: Collier County v. RTG. LLC. et al.
Case No. 13 -CA -259, Par. No. 116 /TCE 1, 2. and 3
Dear Emily:
Thank you for scheduling the above - referenced case for mediation with my office.
This will confirm that the mediation conference is scheduled for May 27, 2014,
beginning at 10:00 AM at the Office of the County Attorney, 3299 East Tamiami Trail.
Suite 800, Naples, FL, 34112.
This will confirm that my hourly rate for mediation services is $225.00. This
hourly rate will be charged for the time spent in preparing for and attending the mediation
conference, including telephone conferences with attorneys, review of mediation
summaries, travel to and from the mediation conference, preparation of post- mediation
reports to the Court and counsel, and any subsequent negotiations or mediation services
requested by the Court or counsel. An itemized invoice for services will be prepared and
forwarded to the appropriate party or parties following the mediation conference.
You may provide me with a written or electronic mediation summary or. if you
prefer, you may call me to provide a telephonic mediation summary prior to the mediation
conference. I will consider any mediation summary to be a confidential communication.
I look forward to working with you and your client in this case.
Ve/ry truloy� yours,
William B. Smith
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