Agenda 04/08/2025 Item #16K6 (Mediation and arbitration Services relateing to the VBR EXT Project w/Larry Gendzier, Esq, and Tony Rodriguez, Esq)4/8/2025
Item # 16.K.6
ID# 2025-1142
Executive Summary
Recommendation to authorize expenses in the amount of $297,000 for Mediation and Arbitration Services relating to the
Vanderbilt Beach Road Extension Project No. 60249, now pending in the Twentieth Judicial Circuit Court for Collier
County, Florida for two mediators, including Larry Gendzier, Esq. and Tony Rodriguez, Esq., and to authorize the
County Attorney’s Office and the Transportation Management Services Department to work with additional mediators as
necessary.
OBJECTIVE: To seek Board authorization for mediation and arbitration expenses to comply with Court-ordered
Mediations and Arbitrations in the pending Vanderbilt Beach Road Extension Project eminent domain litigation.
CONSIDERATIONS: The majority of eminent domain cases are resolved through mediation conducted by experienced
mediators. The Transportation Management Services Department and the County Attorney’s Office have experience
working with eminent domain mediators including: Larry Gendzier, Esq. and Tony Rodriguez, Esq. and others. Based
on the number of parcels involved in the litigation, additional mediators may be required, and Staff seeks approval for
mediation and/or arbitration expenses with additional mediators as necessary. Pursuant to Section 73.091, Fla. Stat., the
County is required to pay the cost of mediation in eminent domain cases. Mediation and arbitration fees range from $300
to $350 per hour. The average mediation can last approximately 6 hours (not including prep time). ($350 x 8 hours =
$2,800 with approximately 106 parcels remaining for mediation ($2,800 x 106 = $296,800 (rounded to $297,000)). The
mediators listed herein charge for minimal travel time and charge for preparation as needed. Courts are routinely
scheduling arbitrations in addition to mediations.
Pursuant to the County’s Procurement Ordinance, mediation and arbitration services are exempt from the Competitive
Process. Ordinance No. 2017-08, Section 8, as amended, provides exemptions to the competitive process including:
Legal services including retaining services of law firms or other outside counsel for any reason, expert witnesses, court
reporter services, appraisal services, trial consultants or similar persons or firms deemed by the Collier County Attorney
as necessary to address the legal needs of Collier County, together with document management and production, legal
research, and information technology products and services. Mediators and Arbitrators are necessary for the County to
successfully proceed with the Vanderbilt Beach Road Extension eminent domain litigation.
This item is consistent with the Collier County strategic plan objective to design and maintain an effective transportation
system to reduce traffic congestion and improve the mobility of our residents and visitors.
FISCAL IMPACT: Funds in the amount of up to $297,000 are required. The primary funding source for the acquisition
of right of way is through Road Impact Fee District Funds (3090, 3091, 3092, 3093, 3094, 3095) in the Vanderbilt Beach
Road from 16th to Everglades Project (60249). Should impact fees not be sufficient, the secondary funding source will
be Road Construction Gas Tax Fund (3083) and Transportation Capital Fund (3081).
GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this Executive
Summary.
LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires majority vote for approval. –
CMG
RECOMMENDATIONS: For the Board to authorize expenses in the amount of $297,000 for Mediation and Arbitration
Services relating to the Vanderbilt Beach Road Extension Project No. 60249, now pending in the Twentieth Judicial
Circuit Court for Collier County, Florida for mediators, including Larry Gendzier, Esq. and Tony Rodriguez, Esq. and to
authorize the County Attorney’s Office and Transportation Division to work with additional mediators as necessary.
PREPARED BY: Colleen M. Greene, Managing Assistant County Attorney
ATTACHMENTS:
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4/8/2025
Item # 16.K.6
ID# 2025-1142
None
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