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Agenda 04/08/2014 Item #16K24/8/2014 16.K.2. EXECUTIVE SUMMARY Recommendation to approve payment not to exceed S13,000 from the existing Purchase Order for mediation services for William B. Smith, P.A. related to the US 41 /Collier Blvd. Intersection Improvements (Project Number 60116). OBJECTIVE: To compensate a mediator to be 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. Opposing counsel and the County Attorney's Office have agreed on William B. Smith, who is one of those experienced mediators for which the County has had success with in the past. The parties are required by the Court to go to mediation over the payment of expert fees and costs for trial prior to proceeding to a fee hearing. The County Attorney's Office is recommending that the Board approves the expenditure not to exceed 513,000 from the existing purchase order for services to be rendered by William B. Smith. The mediation is presently scheduled for May 27`h FISCAL IMPACT: The cost of $13,000 is available in an existing purchase order (PO 4 -5- 147882). Source of funds are impact fees. Based on our prior experience with Mr. Smith, it is expected that the actual cost will be substantially lower. 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 approves payment not to exceed 513,000 from the existing purchase order for mediation services for William B. Smith (Project No. 60116). Prepared By: Emily R. Pepin, Assistant County Attorney Attachments: March 21. 2014 fee letter 1 '- 0'_'59 -CA /196 Packet Page -1710- 4/8/2014 16.K.2. COLLIER COUNTY Board of County Commissioners Item Number: 16.16.K.16.K.2. Item Summary: Recommendation to approve payment not to exceed $13,000 from the existing Purchase Order for mediation services for William B. Smith, P.A. related to the US 41 /Collier Blvd. Intersection Improvements (Project Number 60116). Meeting Date: 4/8/2014 Prepared By Name: CrotteauKathynell Title: Legal Secretary, CAO Office Administration 3/26/2014 3:24:51 PM Approved By Name: NendricksKevin Title: Manager - Right of Way, Transportation Engineering & Construction Management Date: 3/26/2014 4:57:58 PM Name: TaylorLisa Title: Management/Budget Analyst. Transportation Administration Date: 3/27/2014 3:05:47 PM Name: AhmadJav Title: Director - Transportation Engineering, Transportation Engineering & Construction Management Date: 3/27/2014 3:30:06 PM Name: ShueGene Title: Director - Operations Support, Transportation Administration Date: 3/27/2014 3:59:08 PM Name: KearnsAllison Title: Manager Financial & Operational Support, Transportation Administration Date: 3/28/2014 4:32:39 PM Name: MarcellaJeanne Title: Executive Secretary, Transportation Planning Date: 3/28/2014 4:51:50 PM Packet Page -1711- 4/8/2014 16.K.2. Name: PepinEmily Title: Assistant County Attorney, CAO Litigation Date: 3/31/2014 3:59:19 PM Name: lsacksonMark Title: Director -Corp Financial and Mngmt Svs, Office of Management & Budget Date: 3/31/2014 4:23:33 PM Name: KlatzkowJeff Title: County Attorney, Date: 3/31/2014 4:57:07 PM Name: OchsLeo Title: County Manager, County Managers Office Date: 4/1/2014 9:44:07 AM Packet Page -1712- 4/8/2014 16.K.2. WILLIAM B. SMITH, P.A. Attorney at Law Certified Mediator P.O. Box 1822 Telephone: (813) 251 -0530 Tampa, Florida 33679 -8223 e-mail: wbsmithna(-a��aol.com March 21, 2014 Emily R. Pepin, Esq. Collier County Attorney's Office 3299 E. Tamiami Trail, Ste. 800 Naples, FL 34112 Re: Collier County v. RTG. LLC. et al. Case No. 13 -CA -259, Par. No. 116 /TCE 1, 2. and 3 Dear Emily: Thank you for scheduling the above - referenced case for mediation with my office. This will confirm that the mediation conference is scheduled for May 27, 2014, beginning at 10:00 AM at the Office of the County Attorney, 3299 East Tamiami Trail. Suite 800, Naples, FL, 34112. This will confirm that my hourly rate for mediation services is $225.00. This hourly rate will be charged for the time spent in preparing for and attending the mediation conference, including telephone conferences with attorneys, review of mediation summaries, travel to and from the mediation conference, preparation of post- mediation reports to the Court and counsel, and any subsequent negotiations or mediation services requested by the Court or counsel. An itemized invoice for services will be prepared and forwarded to the appropriate party or parties following the mediation conference. You may provide me with a written or electronic mediation summary or. if you prefer, you may call me to provide a telephonic mediation summary prior to the mediation conference. I will consider any mediation summary to be a confidential communication. I look forward to working with you and your client in this case. Ve/ry truloy� yours, William B. Smith Packet Page -1713-