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Agenda 03/11/2014 Item #16K13/11/2014 16.K.1. EXECUTIVE SUMMARY Recommendation to waive competition pursuant to Section Eleven B 5 of the Purchasing Ordinance and approve an expenditure of $7,000.00 for mediation services for the firm Gaylord, Merlin, Ludovici and Diaz to settle pending eminent domain litigation. (Project Nos. 60171 and 51101) OBJECTIVE: To hire a mediator in order 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 Diaz of Gaylord, Merlin, Ludovici and Diaz, who is one of those experienced mediators with whom the County has had success in the past. The mediation is anticipated to settle just compensation for parcels taken for Project Nos. 60171 (Tree Farm Road) and 51101 (Lely Area Stormwater Improvement Project). In eminent domain, the County is required to pay all costs of litigation, including mediation. The cost of mediation for two 4 -hour mediations, including preparation time and travel time is not expected to exceed $7,000.00. The County Attorney's Office is recommending that the Board waive competition and hire Andrew Diaz pursuant to Section Eleven B 5 at the rate in line with the attached proposal. FISCAL IMPACT: The cost of $3,500 is available in gas tax Fund (313) for Project No 60171 n and $3,500 is available in Stormwater Fund (375), Project No. 51101. 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 waives competition pursuant to Section Eleven B 5 of the Purchasing Ordinance and approves the expenditure of $7,000.00 for mediation services for the firm Gaylord, Merlin, Ludovici and Diaz. Prepared By: Emily R. Pepin, Assistant County Attorney Attachments: Proposal from Andrew Diaz 09- 9432- CA/169 /-N Packet Page -1159- 3/11/2014 16.K.1. COLLIER COUNTY Board of County Commissioners Item Number: 16.16.K.16.K.1. Item Summary: Recommendation to waive competition pursuant to Section Eleven B 5 of the Purchasing Ordinance and approve an expenditure of $7,000 for mediation services for the firm Gaylord, Merlin, Ludovici and Diaz. (Project Nos. 60171 and 51101) Meeting Date: 3/11/2014 Prepared By Name: NeetVirginia Title: Legal Assistant/Paralegal, CAO Office Administration 2/26/2014 3:45:55 PM Submitted by Title: Assistant County Attorney, CAO Litigation Name: PepinEmily 2/26/2014 3:45:56 PM Approved By Name: HendricksKevin Title: Manager - Right of Way, Transportation Engineering & Construction Management Date: 2/27/2014 9:06:05 AM Name: TaylorLisa Title: Management/Budget Analyst, Transportation Administration Date: 2/27/2014 2:09:36 PM Name: KearnsAllison Title: Manager Financial & Operational Support, Transportation Administration Date: 2/27/2014 3:06:23 PM Name: ShueGene Title: Director - Operations Support, Transportation Administration Date: 2/27/2014 3:06:30 PM Packet Page -1160- 3/11/2014 16. K.1. Name: PepinEmily Title: Assistant County Attorney, CAO Litigation Date: 2/27/2014 3:31:34 PM Name: MarcellaJeanne Title: Executive Secretary, Transportation Planning Date: 2/28/2014 12:48:04 PM Name: KlatzkowJeff Title: County Attorney, Date: 2/28/2014 1:57:41 PM Name: IsacksonMark Title: Director -Corp Financial and Mngmt Svs, Office of Management & Budget Date: 3 /4/2014 9:17:29 AM Name: IsacksonMark Title: Director -Corp Financial and Mngmt Svs, Office of Management & Budget Date: 3/4/2014 10:35:38 AM Packet Page -1161- 3/11/2014 16.K.1. Diaz Mediation Andrew G. Diaz, Esq. Certified Circuit Mediator January 27, 2014 Emily R. Pepin, Esquire Charles R. Forman, Esquire Collier County Attorney's Office Forman, Hanratty, Thomas & Montgomery Harmon Turner Building 723 East Fort King Street 3299 E. Tamiami Trail, Suite 800 Ocala, FL 34471 Naples, FL 34112 RE: Collier County v. L & R Ram (Parcels 169DE1, 169DE2 & 169TCE) Mediation — May 5, 2014 beginning at 1:00 p.m. — 5:00 p.m.) Collier Coup y_v. Naples Syndication�et_al, Mediation — May 6, 2014 beginning at 9:00 a.m. Dear Emily and Charles: This will confirm that the above - referenced cases has been scheduled for mediation on the above dates and times at the Office of the Collier County Attorney's Office, 3299 E. Tamiami Trail, Suite 800, Naples, Florida. The fee for my services is $185.00 per hour to be paid by Collier County. In addition to the mediation conference this will include any time reading and reviewing mediation summaries or conferring with you before or after the mediation. The mediation will be conducted in accordance with the Rules under Chapter 44, Florida Statutes. Any information that you provide me prior to mediation will be kept confidential unless you expressly waive that confidentiality. It would be helpful to the mediation process if you would provide me with a mediation summary, a copy of the parties' appraisals, and any other relevant pleadings. I would appreciate your providing me with these documents at least one (1) week prior to the scheduled mediation. I look forward to seeing you and your clients at the mediation. Please do not hesitate to give me a call with any questions or comments. Thanks. AGD /ck Andrew G. Diaz 5001 Nest Cypress Street / Tampa, Florida 33607 -3803 Tel: 813- 221 -9000 / Fax: 813- 221 - 9030 /E -mail: Andrew @ADiazMediation.com Packet Page -1162-