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Agenda 12/10/2013 Item #16A24 12/10/2013 16.A.24. EXECUTIVE SUMMARY Recommendation to invoke the exemption in the County's Purchasing Policy (Section VII, Paragraph H) to waive competition required by Consultants' Competitive Negotiation Act "CCNA" and increase an existing purchase order in the amount of $20,000 to cover engineering 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$20,000. 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 $50,000 may be authorized by the County Attorney and the Purchasing Department, but will be reported at a regular meeting of the Board for ratification. " An increase in the Joseph Roles and Associates, Inc. purchase order is being recommended to cover additional research tasks assigned to the engineer by outside counsel preparing for the upcoming trial and to cover expert witness testimony regarding same. FISCAL IMPACT: Funds in the amount of$ 20,000 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 Joseph Roles and Associates, Inc. purchase order in the amount of$20,000 to support the litigation effort on the US-41 / Collier Boulevard intersection improvement project. Prepared by: Kevin Hendricks, Right -`"'--- Manager Packet Page-1022- 12/10/2013 16.A.24. COLLIER COUNTY Board of County Commissioners Item Number: 16.16.A.16.A.24. Item Summary: Recommendation to invoke the exemption in the County's Purchasing Policy(Section VII, Paragraph H) to waive competition required by the Consultants' Competitive Negotiation Act "CCNA" and increase an existing purchase order in the amount of$20,000 to cover engineering 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 $20,000. Meeting Date: 12/10/2013 Prepared By Name: CrotteauKathynell Title:Legal Secretary,County Attorney 11/21/2013 3:39:28 PM Approved By Name: HendricksKevin Title: Manager-Right of Way,Transportation Engineering Date: 11/22/2013 9:20:42 AM Name: MarkiewiczJoanne Title: Manager-Purchasing Acquisition,Purchasing&Gene Date: 11/25/2013 12:56:29 PM Name: AhmadJay Title: Director-Transportation Engineering,Transportation Engineering&Construction Management Date: 11/25/2013 4:17:48 PM Name: ShueGene Date: 11/25/2013 6:01:45 PM Name: KearnsAllison Date: 11/26/2013 11:07:13 AM Name: TaylorLisa Packet Page-1023- 12/10/2013 16.A.24. Title: Management/Budget Analyst,Transportation Administr " #•" Date: 11/26/2013 12:42:29 PM Name: PepinEmily Title:Assistant County Attorney, CAO Litigation Date: 11/26/2013 1:27:25 PM Name: CasalanguidaNick Title: Deputy Administrator-GMD,Business Management&B Date: 11/27/2013 1:02:24 PM Name: KlatzkowJeff Title: County Attorney Date: 11/27/2013 1:22:08 PM Name: UsherSusan Title: Management/Budget Analyst, Senior,Office of Manage Date: 12/2/2013 9:49:35 AM Name: OchsLeo Title: County Manager Date: 12/2/2013 10:53:58 AM Packet Page-1024-