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Agenda 10/14/2014 Item # 16K1 10/14/2014 16.K.1 . EXECUTIVE SUMMARY Recommendation to approve payment for mediation services by Andrew G. Diaz for the settlement of parcels taken for the improvements to County Barn Road (Project No. 60101), and to authorize the County Attorney to retain Mr. Diaz 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. Opposing counsel and the County Attorney's Office have agreed on Andrew G. Diaz, who is one of those experienced mediators for which the County has had success with in the past. The cost of mediation for an all-day mediation, including preparation time and travel time, is not expected to exceed $5,000. The County Attorney's Office is recommending that the Board approves the expenditure not to exceed $5,000 for services rendered by Mr. Diaz for the upcoming October 21st mediation, and also that the Board gives prior approval for the retention of Mr. Diaz for future mediations, so long as they are based on the rate set forth in the attached fee letter. Funds for additional services from this vendor shall come from each individual department's budgets as projects are identified. FISCAL IMPACT: Funds in the amount of$5,000 will be paid from gas taxes and/or road impact fees. The acquisition of this right-of-way will not add any cost to the annual operating and maintenance budget. Operating and maintenance costs for the Project will be considered when the construction contract is brought before the Board for approval. Funds for additional services from this vendor shall come from each individual department's budgets as projects are identified. 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 RECOA MENDATION: That the Board of County Commissioners approves an expenditure for mediation services for Andrew G. Diaz for parcels relating to the improvements to County Barn Road (Project No. 60101), as well as all County eminent domain projects, and authorizes the County Attorney to retain Mr. Diaz for future mediations under the terms of the attached letter. Prepared By: Emily R. Pepin, Assistant County Attorney Attachments: September 22, 2014 fee letter Packet Page -1792- 10/14/2014 16.K.1 . COLLIER COUNTY Board of County Commissioners Item Number: 16.16.K.16.K.1. Item Summary: Recommendation to approve payment for mediation services by Andrew G. Diaz for the settlement of parcels taken for the improvements to County Barn Road (Project No. 60101), and to authorize the County Attorney to retain Mr. Diaz for future mediations under the terms of the attached letter. Meeting Date: 10/14/2014 Prepared By Name: CrotteauKathynell Title: Legal Secretary, CAO Office Administration 9/23/2014 8:32:46 AM Approved By Name: KearnsAllison Title: Manager Financial&Operational Support. Transportation Administration Date: 9/24/2014 12:23:13 PM Name: ShueGene Title: Director-Operations Support, Transportation Administration Date: 9/24/2014 12:42:44 PM Nartme: Taylor Lisa Title: Management/Budget Analyst, Transportation Administration Date: 9/24/2014 1:37:42 PM Name: KhawajaAnthony Title: Chief Engineer-Traffic Operations, Traffic Operations Date: 9/25/2014 4:55:43 PM Name: HendricksKevin Title: Manager-Right of Way, Transportation Engineering&Construction Management Date: 9/26/2014 2:33:46 PM Name: MarcellaJeanne Title: Executive Secretary, Transportation Planning Packet Page -1793- 10/14/2014 16.K.1 . Diaz Mediation Andrew G.Diaz,Esq. Certified Circuit Mediator September 22, 2014 Emily R. Pepin, Assistant County Attorney Office of the Collier County Attorney 3299 East Tamiami Trail, Suite 800 Naples,FL 34112-5749 RE: Mediator Services Dear Emily: In accordance with your request, my fee for mediator services is $250.00 per hour. In addition to the mediation conference, this will include any time reading and reviewing mediation summaries, or conferring with counsel before or after the mediation. If you should have any questions, pleas- sot hesitate to give me a call. • Sine_ ely, Aoki Andrew G. Diaz AGD/ck 5001 West Cypress Street/Tampa,Florida 33607-3803 Tel: 813-221-9000/Fax:813-221-90301E-mail: Andrew @ADiaziMediation.com Packet Page -1795-