Agenda 10/14/2014 Item # 16K1 10/14/2014 16.K.1 .
EXECUTIVE SUMMARY
Recommendation to approve payment for mediation services by Andrew G. Diaz for the
settlement of parcels taken for the improvements to County Barn Road (Project No.
60101), and to authorize the County Attorney to retain Mr. Diaz 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. Opposing counsel
and the County Attorney's Office have agreed on Andrew G. Diaz, who is one of those
experienced mediators for which the County has had success with in the past.
The cost of mediation for an all-day mediation, including preparation time and travel time, is not
expected to exceed $5,000. The County Attorney's Office is recommending that the Board
approves the expenditure not to exceed $5,000 for services rendered by Mr. Diaz for the
upcoming October 21st mediation, and also that the Board gives prior approval for the retention
of Mr. Diaz for future mediations, so long as they are based on the rate set forth in the attached
fee letter. Funds for additional services from this vendor shall come from each individual
department's budgets as projects are identified.
FISCAL IMPACT: Funds in the amount of$5,000 will be paid from gas taxes and/or road
impact fees. The acquisition of this right-of-way will not add any cost to the annual operating
and maintenance budget. Operating and maintenance costs for the Project will be considered
when the construction contract is brought before the Board for approval. Funds for additional
services from this vendor shall come from each individual department's budgets as projects are
identified.
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
RECOA MENDATION: That the Board of County Commissioners approves an expenditure
for mediation services for Andrew G. Diaz for parcels relating to the improvements to County
Barn Road (Project No. 60101), as well as all County eminent domain projects, and authorizes
the County Attorney to retain Mr. Diaz for future mediations under the terms of the attached
letter.
Prepared By: Emily R. Pepin, Assistant County Attorney
Attachments: September 22, 2014 fee letter
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10/14/2014 16.K.1 .
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.K.16.K.1.
Item Summary: Recommendation to approve payment for mediation services by Andrew
G. Diaz for the settlement of parcels taken for the improvements to County Barn Road (Project
No. 60101), and to authorize the County Attorney to retain Mr. Diaz for future mediations
under the terms of the attached letter.
Meeting Date: 10/14/2014
Prepared By
Name: CrotteauKathynell
Title: Legal Secretary, CAO Office Administration
9/23/2014 8:32:46 AM
Approved By
Name: KearnsAllison
Title: Manager Financial&Operational Support. Transportation Administration
Date: 9/24/2014 12:23:13 PM
Name: ShueGene
Title: Director-Operations Support, Transportation Administration
Date: 9/24/2014 12:42:44 PM
Nartme:
Taylor Lisa
Title: Management/Budget Analyst, Transportation Administration
Date: 9/24/2014 1:37:42 PM
Name: KhawajaAnthony
Title: Chief Engineer-Traffic Operations, Traffic Operations
Date: 9/25/2014 4:55:43 PM
Name: HendricksKevin
Title: Manager-Right of Way, Transportation Engineering&Construction Management
Date: 9/26/2014 2:33:46 PM
Name: MarcellaJeanne
Title: Executive Secretary, Transportation Planning
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10/14/2014 16.K.1 .
Diaz Mediation
Andrew G.Diaz,Esq.
Certified Circuit Mediator
September 22, 2014
Emily R. Pepin, Assistant County Attorney
Office of the Collier County Attorney
3299 East Tamiami Trail, Suite 800
Naples,FL 34112-5749
RE: Mediator Services
Dear Emily:
In accordance with your request, my fee for mediator services is $250.00 per hour. In
addition to the mediation conference, this will include any time reading and reviewing mediation
summaries, or conferring with counsel before or after the mediation.
If you should have any questions, pleas- sot hesitate to give me a call.
•
Sine_ ely,
Aoki
Andrew G. Diaz
AGD/ck
5001 West Cypress Street/Tampa,Florida 33607-3803
Tel: 813-221-9000/Fax:813-221-90301E-mail: Andrew @ADiaziMediation.com
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