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Agenda 12/12/2017 Item #16K 712/12/2017 EXECUTIVE SUMMARY Recommendation to approve the hiring of Charles R. Forman, Esq., for mediation services in eminent domain litigation. OBJECTIVE: To secure the mediation services of Charles R. Forman, Esq., to comply with Court directives in eminent domain litigation, and to enable the County to reduce further litigation costs by resolving disputes with property owners through mediation. CONSIDERATIONS: A substantial number of eminent domain cases pursued by the County are resolved through mediation conducted by skilled and experienced mediators. Pursuant to Florida Statutes § 73.091(1), the County is required to pay the cost of mediation in eminent domain cases. Mr. Forman has practiced eminent domain law in Florida since 1980 and is a current member, and former Vice- Chairman, of the Florida Bar Standing Committee on Eminent Domain, and lecturer for the Florida Bar Continuing Education Committee. Mr. Forman has agreed to a special rate for Collier County of $300 per hour, and it is the County Attorney’s Office’s (“CAO”) opinion this rate is very reasonable considering Mr. Forman’s extensive experience in eminent domain law. FISCAL IMPACT: Funds for these services shall come from each individual using the department’s budgets as projects are identified. GROWTH MANAGEMENT IMPACT: None. 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 approve the hiring of Charles R. Forman, Esq., for mediation services in eminent domain litigation, under the terms of the attached fee schedule. PREPARED BY: Emily R. Pepin, Assistant County Attorney ATTACHMENT(S) 1. Mediator Charles Forman fee schedule (PDF) 12/12/2017 COLLIER COUNTY Board of County Commissioners Item Number: 16.K.7 Doc ID: 4267 Item Summary: Recommendation to approve the hiring of Charles R. Forman, Esq., for mediation services in eminent domain litigation. Meeting Date: 12/12/2017 Prepared by: Title: Legal Assistant – County Attorney's Office Name: Rosa Villarreal 11/21/2017 3:56 PM Submitted by: Title: County Attorney – County Attorney's Office Name: Jeffrey A. Klatzkow 11/21/2017 3:56 PM Approved By: Review: Growth Management Department Lisa Taylor Additional Reviewer Completed 11/21/2017 4:04 PM Transportation Engineering Diane Lynch Additional Reviewer Skipped 11/21/2017 4:13 PM Growth Management Department Diane Lynch Level 1 Reviewer Completed 11/21/2017 4:14 PM Transportation Engineering Robert Bosch Additional Reviewer Completed 11/21/2017 4:19 PM Transportation Engineering Jay Ahmad Additional Reviewer Completed 11/27/2017 7:20 AM Growth Management Department James French Deputy Department Head Review Completed 11/27/2017 7:23 AM County Attorney's Office Emily Pepin Level 2 Attorney Review Completed 11/27/2017 8:34 AM Growth Management Department Thaddeus Cohen Department Head Review Completed 11/27/2017 4:05 PM Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 11/28/2017 9:57 AM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 11/28/2017 10:14 AM Budget and Management Office Mark Isackson Additional Reviewer Completed 11/28/2017 2:41 PM County Manager's Office Leo E. Ochs Level 4 County Manager Review Completed 11/29/2017 2:52 PM Board of County Commissioners MaryJo Brock Meeting Pending 12/12/2017 9:00 AM FORMAN, HANRATTY, THOMAS & MONTGOMERY ATTORNEYS AT LAW November 14, 2017 Emily Pepin, Esquire Assistant County Attorney Collier County Attorney's Office 3299 East Tamiami Trail, Suite 800 Naples, FL 34112 Re: Mediation Services Dear Emily: www.eminentdomainfl.com Reply to: Ocala CHARLES R. FORMAN JOSEPH M. HANRATTY MICHAEL B. MONTGOMERY*t VANESSA THOMAS' *Also Ia'ce,ued in Alab— (Licensed ab in Hawaii & Cali( is *Of Counsel I welcome the opportunity to provide mediator services to Collier County. My hourly rate for mediator services is $300 per hour. Enclosed please find a completed W-9 for the firm as well. Should you need anything further, please do not hesitate to contact me or my assistant, Brandi Jordan, at 1-800-527-3445 (office), or me at crformanahotmail.com or 352/812-9441 (mobile). Thanking you for you consideration, I am Yours truly, a(144-� Charles R. Forman CRF/bj Enclosure 723 E. Fr. KING ST SATELLITE OFFICE 1323 S.E. THIRD AVE. 2627 MISSION ST, SUITE I OCALA, FLORIDA 34471 3200 TAMIAMI TR. N., STE. 200 Fr. LAUDERDALE, FLORIDA 33316 SAN MARINO, CALIFORNIA 91106 (352) 732-3915 NAPLES, FLORIDA 34103 (954) 522-9441 (626) 799-0550 FAX (352) 351-1690 (800) 527-3445 FAX (954) 522-2076 (800) 527-3445