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Agenda 10/22/2013 Item #16A10 10/22/2013 16.A.10. EXECUTIVE SUMMARY Recommendation to invoke the exemption in the County's Purchasing Policy (Section VII, Paragraph H) to waive competitive bidding and open a purchase order for expert witness services in support of eminent domain litigation for the US-41 / Collier Boulevard Intersection Improvement project(Project No. 60116) (CVS Store No. 7899). Fiscal Impact$35,000. OBJECTIVE: To support the pending litigation over the matter of full compensation and business damages for the taking of property required for the construction of improvements to the intersection of US-41 and Collier Boulevard. CONSIDERATIONS: Claims for recovery of business damages have been received from businesses that claim a "permanent closure" will result from the County's construction of an overpass at the subject intersection sometime in the future. So far, one claim has been filed in the amount of$3,151,534; and another claim has been filed in the amount of$420,000. Counsel prosecuting the litigation for Collier County recommends the hiring of Research Data Service, Inc., a firm specializing in marketing research and intelligence gathering related to the success and/or failure of businesses given various scenarios and dynamics. This kind of research and expert witness testimony regarding same can be extremely important during a jury trial to determine the full compensation to which a property owner and/or business proprietor is entitled as a result of the change in access and/or loss of parking as a result of the taking of a portion of the property and construction of the proposed improvements. Their initial scope of work will consist of estimating the potential business losses (if any) that will be experienced by CVS Store No.7899 located at the southeast corner of the intersection of US-41 and Collier Boulevard. With a trial docket of January 2014 and the deadline to disclose the County's expert witnesses to the defendant nearing rapidly, it is important to bring the County's necessary expert witnesses on board from a contractual perspective. Section VII, Paragraph H of the Purchasing policy states: "The acquisition of services from experts or consultants for purposes of preparing for or defending against imminent or pending litigation or administrative proceedings shall be exempt from all competitive requirements of this policy. Any such acquisitions that do not exceed $50,000 may be approved by the County Attorney and the Purchasing Department without further action. Acquisitions that exceed $50,000 may be authorized by the County Attorney and the Purchasing Department, but will be reported at a regular meeting of the Board for ratification." FISCAL IMPACT: Funds in the amount of$35,000 are available in the US41/CR951 Resurfacing project 60116. Source of funds are impact fees and/or gas taxes. LEGAL CONSIDERATIONS: This item has been approved as to form and legality and requires a majority vote for Board approval. -ERP GROWTH MANAGEMENT IMPACT: There is no growth management impact association with this recommendation. RECOMMENDATION: That the Board of County Commissioners of Collier County, Florida, authorize the opening of a purchase order in the amount of$35,000 for Research Data Services, Inc., to support the litigation effort on the US-41 Collier Boulevard project. Prepared by: Kevin Hendricks,Right-of-Way Acquisition Manager Packet Page -552- 10/22/2013 16.A.10. COLLIER COUNTY Board of County Commissioners Item Number: 16.16.A.16.A.10. Item Summary: Recommendation to invoke the exemption in the County"s Purchasing Policy (Section VII, Paragraph H) to waive competitive bidding and open a purchase order for expert witness services in support of eminent domain litigation for the US-41/Collier Boulevard Intersection Improvement project (Project No. 60116). Fiscal Impact$35,000 Meeting Date: 10/22/2013 Prepared By Name: BrockMaryJo Title:Executive Secretary to County Manager, CMO • 10/16/2013 8:32:50 AM Submitted by Title: Executive Secretary to County Manager,CMO Name: BrockMaryJo 10/16/2013 8:32:51 AM Approved By Name: MarcellaJeanne Title: Executive Secretary,Transportation Planning Date: 10/16/2013 8:50:44 AM Name: KlatzkowJeff Title: County Attorney Date: 10/16/2013 9:03:38 AM Name: IsacksonMark Title: Director-Corp Financial and Mgmt Svs,CMO Date: 10/16/2013 9:25:41 AM Name: HendricksKevin Title: Manager-Right of Way,Transportation Engineering Date: 10/16/2013 10:09:18 AM Packet Page-553- 10/22/2013 16.A.10. Name: IsacksonMark Title: Director-Corp Financial and Mgmt Svs,CMO Date: 10/16/2013 12:17:16 PM 4 Packet Page-554-