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Agenda 10/22/2013 Item #16A11 10/22/2013 16.A.11. 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 in the amount of $60,000 to cover expert witness services in support of eminent domain litigation for the US- 41 / Collier Boulevard Intersection Improvement project (Project No. 60116). Fiscal Impact $60,000 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: The initial purchase order for Wilcox Appraisal Services has been closed. In order to cover the real estate appraisal updates and the anticipated expert witness services through the anticipated valuation trial on the January 2014 trial docket it will be necessary to open a new purchase order for Wilcox Appraisal Services. 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: $60,000. Source of funds are impact fees. GROWTH MANAGEMENT IMPACT: There is no growth management impact association with this recommendation. LEGAL CONSIDERATIONS: This item is legally sufficient for Board approval and requires a majority vote. RECOMMENDATION: That the Board of County Commissioners of Collier County, Florida, authorize the opening of a purchase order in the amount of$60,000 Wilcox Appraisal Services, Inc.,to support the litigation effort on the US-41 Collier Boulevard project. Prepared by: Kevin Hendricks, Right-of-Way Acquisition Manager Packet Page-555- 10/22/2013 16.A.11. COLLIER COUNTY Board of County Commissioners Item Number: 16.16.A.16.A.11. 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 in the amount of$60,000 to cover expert witness services in support of eminent domain litigation for the US-41/Collier Boulevard Intersection Improvement project (Project No. 60116). Fiscal Impact$60,000 Meeting Date: 10/22/2013 Prepared By Name: BrockMaryJo Title: Executive Secretary to County Manager, CMO 10/16/2013 8:38:08 AM Submitted by Title: Executive Secretary to County Manager, CMO Name: BrockMaryJo 10/16/2013 8:38:09 AM Approved By Name: MarcellaJeanne Title:Executive Secretary,Transportation Planning Date: 10/16/2013 8:57:10 AM Name: KlatzkowJeff Title: County Attorney Date: 10/16/2013 9:03:45 AM Name: IsacksonMark Title:Director-Corp Financial and Mgmt Svs,CMO Date: 10/16/2013 9:25:48 AM Name: HendricksKevin Title:Manager-Right of Way,Transportation Engineering Packet Page-556- 10/22/2013 16.A.11. Date: 10/16/2013 10:10:46 AM Name: OchsLeo Title: County Manager Date: 10/16/2013 12:10:17 PM Packet Page-557-