Loading...
Agenda 03/25/2014 Item #16K4 3/25/2014 16.K.4. EXECUTIVE SUMMARY Recommendation to approve an expenditure of $5,000 for mediation services for Jim Helinger, Jr. (Project Number 51101), and to authorize the County Attorney to retain Mr. Helinger for future mediations under the terms of the attached letter. OBJECTIVE: To compensate a mediator retained 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. Around the time of the Board's enacting the new Purchasing Ordinance, opposing counsel and the County Attorney's Office agreed upon Jim Helinger, Jr. to serve as mediator. Mediation was held on February 20, 2014 and the parties contingently settled the case Collier County v. John D. Lawrence, et al., for the construction of the Lely Area Stormwater Improvement Project (No. 51101). Prior to the adoption of the new Purchasing Ordinance, in keeping with the then Purchasing Policy mediators were retained by the County Attorney's Office without the prior approval of the Board. On a prospective basis this Office will first go to the Board for approval. The County Attorney's Office is recommending that the Board approves the expenditure of $5,000 for services rendered by Jim Helinger, Jr., and that the County Attorney's Office be authorized to retain Mr. Helinger for future mediations on the same terms and conditions set forth in the attached letter. FISCAL IMPACT: The cost of $5,000 is already encumbered under Purchase Order 4500149134 in Stormwater Fund (325),Project No. 51101. Source of funds are ad valorem. 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 approves an expenditure of $5,000 for mediation services for Jim Helinger, Jr. (Project Number 51101), and authorizes the County Attorney to retain Mr. Helinger for future mediations under the terms of the attached letter. Prepared By: Emily R. Pepin, Assistant County Attorney Attachments: January 21, 2014 fee letter Packet Page-1673- 3/25/2014 16.K.4. COLLIER COUNTY Board of County Commissioners Item Number: 16.16.K.16.K.4. Item Summary: Recommendation that the Board approves an expenditure of$5,000 for mediation services for Jim Helinger,Jr. (Project Number 51101), and authorizes the County Attorney to retain Mr. Helinger for future mediations under the terms of the attached letter. Meeting Date: 3/25/2014 Prepared By Name: CrotteauKathynell Title: Legal Secretary, CAO Office Administration 3/19/2014 2:21:40 PM Approved By Name: PepinEmily Title: Assistant County Attorney, CAO Litigation Date: 3/19/2014 3:02:52 PM Name: lsacksonMark Title: Director-Corp Financial and Mngmt Svs, Office of Management&Budget Date: 3/19/2014 3:53:40 PM Name: KlatzkowJeff Title: County Attorney, Date: 3/19/2014 4:16:05 PM Name: OchsLeo Title: County Manager, County Managers Office Date: 3/19/2014 4:28:07 PM Packet Page-1674- 3/25/2014 16.K.4. Law Offices of JAMES A. HELINGER, JR., P.A. 4756 CENTRAL AVENUE ST.PETERSBURG,FLORIDA 33711 TELEPHONE(727)328-7100 JIM 1IELINGER,JR. FAX(727)328-7103 January 21, 2014 jim@helingerlaw.com Kathy Crotteau, Legal Secretary Office of the Collier County Attorney 3299 East Tamiami Trail, Suite 800 Naples, Florida 34112-5749 RE: Collier County v. John D. Llawrence Case No. 11-3207-CA Parcel 206DAME- Mediation-February 20, 2014 Dear Kathy: Please be advised that my hourly rate for Mediations is $300.00. In addition to the Mediation Conference, this will include any time reading and reviewing Mediation Summaries, conferring with the attorneys before or after the Mediation, and traveling to and from the Mediation. If you require any further information, please contact me. Very trul yours, is ELINGER JR. JAHjr:jr Tax Identification No. 59-1952574 Packet Page-1675-