Agenda 12/10/2013 Item #16A23 12/10/2013 16.A.23.
EXECUTIVE SUMMARY
Recommendation to invoke the exemption in the County's Purchasing Policy (Section VII,
Paragraph H) to waive competitive bidding and increase an existing purchase order in the
amount of$15,000 to cover real estate appraisal research fees and expert witness testimony
costs anticipated in support of eminent domain litigation for the US-41 / Collier Boulevard
Intersection Improvement project(Project No. 60116). Fiscal Impact$15,000.
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: The position of the parties concerning full compensation owing to the
owner of the real estate and the damages being claimed by the business proprietor are vastly
different ($754,700 vs. $7,329,734). An impasse was reached at the mediation held on
November 13, 2013. A jury trial has been set for the trial docket that runs from January 6, 2014
through January 24, 2014.
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. "
An increase in the Equable Real Estate Solutions, LLC purchase order is being recommended to
cover additional research tasks assigned to the appraiser by outside counsel preparing for the
upcoming trial and to cover expert witness testimony regarding same.
FISCAL IMPACT: Funds in the amount of $15,000 are available in the Transportation US
41/SR-CR-951 Intersection Improvement Project (#60116) for increasing the existing vendor
purchase order. Source of funds is Road Impact Fees or Gas Tax. Operating and maintenance
costs for the project will be considered when the construction contract is brought before the
Board for approval.
GROWTH MANAGEMENT IMPACT: There is no growth management impact association
with this recommendation.
LEGAL CONSIDERATIONS: This item has been approved as to form and legality, and
requires a majority vote for Board approval. -ERP
RECOMMENDATION: That the Board of County Commissioners of Collier County, Florida,
authorize an increase in the existing Equable Real Estate Solutions, LLC, purchase order in the
amount of$15,000 to support the litigation effort on the US-41 / Collier Boulevard intersection
improvement project.
Prepared by: Kevin Hendricks, Right-of-Way Acquisition Manager
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12/10/2013 16.A.23.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.A.16.A.23.
Item Summary: Recommendation to invoke the exemption in the County's Purchasing
Policy (Section VII, Paragraph H)to waive competitive bidding and increase an existing purchase
order in the amount of$15,000 to cover real estate appraisal research fees and expert witness
testimony costs anticipated in support of eminent domain litigation for the US-41/Collier
Boulevard Intersection Improvement project (Project No. 60116). Fiscal Impact$15,000.
Meeting Date: 12/10/2013
Prepared By
Name: CrotteauKathynell
Title: Legal Secretary,County Attorney
11/21/2013 4:00:42 PM
Approved By
Name: HendricksKevin
Title: Manager-Right of Way,Transportation Engineering
Date: 11/21/2013 5:08:58 PM
Name: MarkiewiczJoanne
Title:Manager-Purchasing Acquisition,Purchasing&Gene
Date: 11/25/2013 12:56:39 PM
Name: AhmadJay
Title: Director-Transportation Engineering,Transportation Engineering&Construction Management
Date: 11/25/2013 2:36:04 PM
Name: ShueGene
Date: 11/25/2013 4:04:09 PM
Name: KearnsAllison
Date: 11/26/2013 11:07:05 AM
Name: TaylorLisa
Title: Management/Budget Analyst,Transportation Administr
Date: 11/26/2013 12:42:19 PM
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12/10/2013 16.A.23.
Name: PepinEmily
Title: Assistant County Attorney, CAO Litigation
Date: 11/26/2013 1:27:35 PM
Name: CasalanguidaNick
Title:Deputy Administrator-GMD,Business Management&B
Date: 11/27/2013 1:02:32 PM
Name: KlatzkowJeff
Title: County Attorney
Date: 11/27/2013 1:21:59 PM
Name: UsherSusan
Title:Management/Budget Analyst, Senior,Office of Manage
Date: 12/2/2013 9:55:30 AM
Name: OchsLeo
Title: County Manager
Date: 12/2/2013 10:54:07 AM
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