Agenda 10/22/2013 Item #16A10 10/22/2013 16.A.10.
EXECUTIVE SUMMARY
Recommendation to invoke the exemption in the County's Purchasing Policy (Section VII,
Paragraph H) to waive competitive bidding and open a purchase order for expert witness
services in support of eminent domain litigation for the US-41 / Collier Boulevard Intersection
Improvement project(Project No. 60116) (CVS Store No. 7899). Fiscal Impact$35,000.
OBJECTIVE: To support the pending litigation over the matter of full compensation and business
damages for the taking of property required for the construction of improvements to the intersection
of US-41 and Collier Boulevard.
CONSIDERATIONS: Claims for recovery of business damages have been received from
businesses that claim a "permanent closure" will result from the County's construction of an
overpass at the subject intersection sometime in the future. So far, one claim has been filed in the
amount of$3,151,534; and another claim has been filed in the amount of$420,000.
Counsel prosecuting the litigation for Collier County recommends the hiring of Research Data
Service, Inc., a firm specializing in marketing research and intelligence gathering related to the
success and/or failure of businesses given various scenarios and dynamics. This kind of research and
expert witness testimony regarding same can be extremely important during a jury trial to determine
the full compensation to which a property owner and/or business proprietor is entitled as a result of
the change in access and/or loss of parking as a result of the taking of a portion of the property and
construction of the proposed improvements. Their initial scope of work will consist of estimating the
potential business losses (if any) that will be experienced by CVS Store No.7899 located at the
southeast corner of the intersection of US-41 and Collier Boulevard.
With a trial docket of January 2014 and the deadline to disclose the County's expert witnesses to the
defendant nearing rapidly, it is important to bring the County's necessary expert witnesses on board
from a contractual perspective. Section VII, Paragraph H of the Purchasing policy states: "The
acquisition of services from experts or consultants for purposes of preparing for or defending against
imminent or pending litigation or administrative proceedings shall be exempt from all competitive
requirements of this policy. Any such acquisitions that do not exceed $50,000 may be approved by
the County Attorney and the Purchasing Department without further action. Acquisitions that exceed
$50,000 may be authorized by the County Attorney and the Purchasing Department, but will be
reported at a regular meeting of the Board for ratification."
FISCAL IMPACT: Funds in the amount of$35,000 are available in the US41/CR951 Resurfacing
project 60116. Source of funds are impact fees and/or gas taxes.
LEGAL CONSIDERATIONS: This item has been approved as to form and legality and requires a
majority vote for Board approval. -ERP
GROWTH MANAGEMENT IMPACT: There is no growth management impact association with
this recommendation.
RECOMMENDATION: That the Board of County Commissioners of Collier County, Florida,
authorize the opening of a purchase order in the amount of$35,000 for Research Data Services, Inc.,
to support the litigation effort on the US-41 Collier Boulevard project.
Prepared by: Kevin Hendricks,Right-of-Way Acquisition Manager
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10/22/2013 16.A.10.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.A.16.A.10.
Item Summary: Recommendation to invoke the exemption in the County"s Purchasing
Policy (Section VII, Paragraph H) to waive competitive bidding and open a purchase order for
expert witness services in support of eminent domain litigation for the US-41/Collier
Boulevard Intersection Improvement project (Project No. 60116). Fiscal Impact$35,000
Meeting Date: 10/22/2013
Prepared By
Name: BrockMaryJo
Title:Executive Secretary to County Manager, CMO •
10/16/2013 8:32:50 AM
Submitted by
Title: Executive Secretary to County Manager,CMO
Name: BrockMaryJo
10/16/2013 8:32:51 AM
Approved By
Name: MarcellaJeanne
Title: Executive Secretary,Transportation Planning
Date: 10/16/2013 8:50:44 AM
Name: KlatzkowJeff
Title: County Attorney
Date: 10/16/2013 9:03:38 AM
Name: IsacksonMark
Title: Director-Corp Financial and Mgmt Svs,CMO
Date: 10/16/2013 9:25:41 AM
Name: HendricksKevin
Title: Manager-Right of Way,Transportation Engineering
Date: 10/16/2013 10:09:18 AM
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10/22/2013 16.A.10.
Name: IsacksonMark
Title: Director-Corp Financial and Mgmt Svs,CMO
Date: 10/16/2013 12:17:16 PM
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