Agenda 09/24/2019 Item #16K 6 (Hiring Lawrence A. Farese, Esq., for contract dispute)09/24/2019
EXECUTIVE SUMMARY
Recommendation to approve the hiring of Lawrence A. Farese, Esq., for mediation services in the
contract dispute case styled Johnson Controls, Inc. v. Collier County Board of County
Commissioners, Case No. 2019-CA-3326, now pending in the Twentieth Judicial Circuit Court for
Collier County, Florida, and authorize the County Attorney to retain Mr. Farese under the terms
specified in the attached Mediation Rates and Procedure sheet.
OBJECTIVE: To hire a mediator in order to settle pending contract litigation.
CONSIDERATIONS: Skilled and experienced mediators help parties in resolving lawsuits by assisting
the parties in reaching settlements that are memorialized through a negotiated agreement. Opposing
counsel in the referenced case and the County Attorney’s Office have agreed on using the mediation
services of Lawrence A. Farese, Esq., who is a well -respected attorney and experienced mediator that
practices in Collier County.
The cost of mediation is $450.00 an hour with each party paying half the cost for those services. Mr.
Farese’s mediation policy includes a minimum fee equivalent to three hours (a half day), which is
standard in most mediation. The mediator’s time preparing for the mediation is billed at his full hourly
rate. There is no charge for travel time or mileage for mediations conducted within Collier County. The
County Attorney’s Office is recommending that the Board approve the hiring of Lawrence A. Farese, Esq.
for a mediation scheduled on October 10, 2019 in the above-referenced case, which was just served on the
County on August 30, 2019. The parties believe that engaging in early mediation, without incurring any
additional expense through litigation, might resolve this case expeditiously and without additi onal cost, to
the benefit of both parties.
FISCAL IMPACT: These mediation services are not expected to require, at most, in excess of ten hours
of time, including preparation time ($2,250.). A Purchase Order in an amount not to exceed $5,000
available in the Collier County Water-Sewer District Operating Fund (408) will be opened so as to
provide reimbursement to the mediator upon being presented with an invoice for payment.
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. - SRT
RECOMMENDATION: That the Board of County Commissioners approves the hiring of Lawrence A.
Farese, Esq., for mediation services for the case-styled Johnson Controls, Inc. v. Collier County Board of
County Commissioners, Case No. 2019-CA-3326, under the terms specified in the attached Mediation
Rates and Procedure sheet.
Prepared By: Scott R. Teach, Deputy County Attorney
ATTACHMENT(S)
1. Farese Mediation Rates Sheet 091619 (PDF)
16.K.6
Packet Pg. 2735
09/24/2019
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.K.6
Doc ID: 10177
Item Summary: Recommendation to approve the hiring of Lawrence A. Farese, Esq., for
mediation services in the contract dispute case styled Johnson Controls, Inc. v. Collier County Board of
County Commissioners, Case No. 2019-CA-3326, now pending in the Twentieth Judicial Circuit Court
for Collier County, Florida, and authorize the County Attorney to retain Mr. Farese under the terms
specified in the attached Mediation Rates and Procedure sheet.
Meeting Date: 09/24/2019
Prepared by:
Title: Legal Office Administrator – County Attorney's Office
Name: Debbie Allen
09/16/2019 11:53 AM
Submitted by:
Title: County Attorney – County Attorney's Office
Name: Jeffrey A. Klatzkow
09/16/2019 11:53 AM
Approved By:
Review:
County Attorney's Office Scott Teach Level 2 Attorney Review Completed 09/16/2019 1:58 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 09/16/2019 3:46 PM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 09/16/2019 5:08 PM
Budget and Management Office Ed Finn Additional Reviewer Completed 09/17/2019 12:23 PM
County Manager's Office Leo E. Ochs Level 4 County Manager Review Completed 09/17/2019 2:00 PM
Board of County Commissioners MaryJo Brock Meeting Pending 09/24/2019 9:00 AM
16.K.6
Packet Pg. 2736
711 FIFTH AVENUE SOUTH
SUITE 201
NAPLES FL 34102
239 430 7070 TEL
239 213 1970 FAX
ROBINSKAPLAN.COM
LAWRENCE A. FARESE, BOARD CERTIFIED CIVIL TRIAL LAWYER
BOARD CERTIFIED BUSINESS LITIGATION LAWYER
CERTIFIED CIRCUIT COURT MEDIATOR
239 213 1973 TEL
LFARESE@ROBINSKAPLAN.COM
Lawrence A. Farese
Mediation Rates and Procedures
Hourly Rate: $225 per party, per hour, with two parties
$170 per party, per hour, with three parties
$140 per party, per hour, with four parties
With five or more parties, $600 per hour divided equally by the
number of parties.
A “party” is defined as one or more persons or entities who have a common interest and who
are represented by a single attorney or firm (or lead counsel and local counsel, or insurance defense
counsel and independent counsel). If a Mediation commences with three or more parties and,
before it is concluded, one or more parties leave (because they settle out, reach an impasse, or
because the Mediation is continued as to them), all parties shall be billed at the applicable multi-
party rate indicated above through the time the one or more parties leave and, thereafter, the
remaining parties shall be billed at the applicable rate based upon the number of parties then
remaining who proceed with the Mediation process that day.
Mediation Summary: Please send a brief summary of your position at least 5 days
before the Mediation. It may be e-mailed to
lfarese@robinskaplan.com, faxed, or delivered to the address
listed above.
Scheduling Cases: Successful mediations often take more time than parties expect.
Complex or multiparty cases usually require a whole day. Please
reserve sufficient time to complete the Mediation. Unless
expressly stated when the Mediation is scheduled, it is presumed
that all mediations commencing before noon are for a whole day.
Minimum Fee: The minimum fee for a mediation scheduled for a half day is three
(3) hours’ time, and the minimum fee for a mediation scheduled
for a whole day is six (6) hours’ time.
16.K.6.a
Packet Pg. 2737 Attachment: Farese Mediation Rates Sheet 091619 (10177 : Lawrence A. Farese - mediation services)
Cancellation Fees: A cancellation fee equal to the applicable minimum fee will be
charged for a mediation cancelled less than ten (10) calendar days
prior to the scheduled Mediation. The cancellation fee will be
charged to the party or parties requesting the cancellation, without
prejudice to any party’s right to seek contribution from the party
or parties responsible for the cancellation. The cancellation fee
may be waived or applied to a rescheduled mediation in the
discretion of the Mediator depending upon the circumstances
which caused the cancellation.
Preparation &
Mediation Time
Billed at full hourly rate.
Travel Time & Expenses: There is no charge for travel time or mileage for
mediations conducted within Collier County or Lee County. For
mediations conducted outside of Collier County or Lee County,
there will be a charge for travel time billed at one-half of the full
hourly rate charged to each party. If an overnight stay is
necessary, lodging, food and travel expenses will be billed at their
actual cost.
Bills: Bills are due and payable upon receipt.
16.K.6.a
Packet Pg. 2738 Attachment: Farese Mediation Rates Sheet 091619 (10177 : Lawrence A. Farese - mediation services)