Agenda 02/11/2014 Item #16K1 2/11/2014 16.KA .
EXECUTIVE SUMMARY
Recommendation to approve the proposed Settlement Agreement reached by the parties in
the lawsuit styled Board of County Commissioners of Collier County, Florida, v. Bay Electric
of Collier,Inc. and Bentley Electric Company of Naples, FL,Inc.,Case No. 13-2365-CC, filed
in the County Court of the Twentieth Judicial Circuit in and for Collier County, Florida,
for the sum of $7,382.42, and to authorize the Chair to execute the proposed Settlement
Agreement.
OBJECTIVE: Recommendation to approve the proposed Settlement Agreement in the lawsuit
filed by the Board of County Commissioners against Bay Electric and Bentley Electric, for the
sum of$7,382.42 and authorize the Chair to execute the proposed Settlement Agreement.
CONSIDERATIONS: In October 2012 Bay Electric performed work in the Kensington
Development which included the replacement of street light bases. Bay Electric hired Bentley
Electric to drill, bore and excavate as part of the project. On October 12, 2012, while Bentley
Electric drilled, bored, and excavated in the area, they breached the County's 8" main water line
and flooded the area with water. Staff responded and subsequently repaired the damaged line for
a hard cost of $6,582.42. The County also incurred the filing fee and administrative costs
associated with the investigation and filing of the subject lawsuit.
FISCAL IMPACT: There is no fiscal impact.
GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated
with this Executive Summary.
LEGAL CONSIDERATIONS: This item has been approved as to form and legality, and
requires majority support for approval. -KN
RECOMMENDATION: The County Attorney's Office has reviewed this proposed
Settlement Agreement with the Risk Management Department and recommends that the Board
of County Commissioners approve this proposed Settlement Agreement.
PREPARED BY: Kevin L. Noell,Esq., Assistant County Attorney
13-2365-CC/61
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COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.K.16.K.1.
Item Summary: Recommendation to approve the proposed Settlement Agreement
reached by the parties in the lawsuit styled Board of County Commissioners of Collier County,
Florida,v. Bay Electric of Collier, Inc. and Bentley Electric Company of Naples, FL, Inc., Case No.
13-2365-CC, filed in the County Court of the Twentieth Judicial Circuit in and for Collier County,
Florida,for the sum of$7,382.42, and to authorize the Chair to execute the proposed
Settlement Agreement
Meeting Date: 2/11/2014
Prepared By
Name:NeetVirginia
Title: Legal Assistant/Paralegal, CAO Office Administration
1/31/2014 10:25:23 AM
Submitted by
Title: Assistant County Attorney, CAO General Services
Name:NoellKevin
1/31/2014 10:25:24 AM
Approved By
Name:NoellKevin
Title: Assistant County Attorney, CAO General Services
Date: 1/31/2014 1:24:51 PM
Name: KlatzkowJeff
Title: County Attorney,
Date: 1/31/2014 1:52:55 PM
Name: GreenwaldRandy
Title: Management/Budget Analyst, Office of Management&Budget
Date: 1/31/2014 2:07:03 PM
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Name: OchsLeo
Title: County Manager, County Managers Office
Date: 2/4/2014 10:40:30 AM
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2/11/2014 16.K.i .
RELEASE AND SETTLEMENT OF CLAIMS
THIS RELEASE AND SETTLEMENT OF CLAIMS Agreement ("Agreement") is
entered into and made on this 20 day of December , 2013 by and between Bentley
Electric Company of Naples, FL, Inc., ("Bentley") and Board of County Commissioners for
Collier County("County").
WITNESSETH:
WHEREAS, on or around October 2012, Bay Electric was engaged by someone or some
entity other than the County to perform work in the Kensington development in Collier County,
Florida, which included, inter alia, the excavation and replacement of bases for street lights.
Bay Electric in turn engaged Bentley Electric to drill, bore and excavate for that purpose. On
October 12, 2012, Bentley Electric drilled, bored, and excavated in the area, in violation of Fla.
Stat. 556.105, causing a breach in the County's 8" force Main line in the area, flooding the area
with water. The County was called and was forced to repair the damaged line at a cost of
$6,582.42.
WHEREAS, County filed a lawsuit on December 3, 2013, Collier County v.Bay Electric
of Collier, Inc. and Bentley Electric Company of Naples, FL, Inc., Case No. 13-2365-CC, in
order to seek reimbursement for the damages caused by Bentley, as well as $800 in litigation and
administrative costs, with no interest; and,
WHEREAS, County and Bentley desire to reduce their settlement to a writing so that it
shall be binding upon them as well as their respective owners, principals, elected officials,
officers, employees, ex-employees, agents, attorneys, representatives, insurers, spouses,
successors,assigns, heirs and affiliates.
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NOW, THEREFORE, in consideration of the mutual covenants, promises and
consideration set forth in this Release and Settlement of Claims Agreement, and with the intent
to be legally bound,County and Bentley agree as follows:
1. County and Bentley adopt and incorporate the foregoing recitals, sometimes
referred to as "Whereas Clauses", by reference into this Release and Settlement of Claims
Agreement.
2. In consideration of the resolution of all disputes or claims arising from or
referring or relating in any way, whether directly or indirectly, to the lawsuit, and for and in
consideration of the sum of Six Thousand Five Hundred Eighty-Two and 42/100 ($6,582.42) and
Eight Hundred Dollars and 00/100 ($800.00) for litigation and administrative costs, for a total
sum of Seven Thousand Three Hundred Eighty-Two Dollars and 42/100 ($7,382.42), County
agrees to dismiss the lawsuit with prejudice.
3. Bentley hereby admits liability to the County for damages it sustained, as a result
of Bentley's negligent drilling and excavating activities on October 12, 2012, and the amount of
total damages caused to be in the amount of$7,382.42.
4. Bentley Electric Company of Naples, FL, Inc., has agreed to pay the entire
amount of$7,382.42 in one lump sum payment to Collier County, in order to settle this lawsuit.
5. The County agrees to accept the lump sum payment of $7,382.42 in full
settlement of this lawsuit. Bentley shall forward the payment to the Risk Management
Department of the County.
6. Upon Bentley paying the agreed upon settlement amount of$7,382.42 in full,the
County shall file a dismissal of this lawsuit with prejudice.
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7. The Parties agree that the Twentieth Judicial Circuit in and for Collier County,
Florida, in Naples, Florida, shall retain jurisdiction for the purposes of the enforcement of this
Agreement.
IN WITNESS WHEREOF, Bentley, and the County have signed and sealed this
Release and Settlement of Claims Agreement as set forth below.
Date: 12-20-2013
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, Clerk OF COLLIER COUNTY, FLORIDA
By:
Deputy Clerk Preemie-A. i 1e Esq-,-GliaitwooFrieci
Tom Henning, Chai :n Date:
Approved as to form and _By:
,� � r1�_.a
legal sufficiency: As thy'' thoriz-• Represen ative of
Bentley Electric Compan Naples, FL, Inc.
Kevin L. Noell Stephen Bentley Vice-President
Assistant County Attorney Printed Name and Title of Representative
STATE OF Florida
COUNTY OF Collier
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This Release and Settlement of Claims Agreement was sworn to and subscribed by
Stephen Bentley , the Authorized Representative of Bentley Electric
Co sany of Naples, FL, Inc., before me on this 20 day of December , 2013.
,' ! IP Personally Known x
Si: ature of Notary Public or
Produced Identification
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Commissioned Name of Notary Public Type of Identification Produced
(Please print,type or stamp)
My Commission expires: _ _ _ _ _ _ _ _ _ — , _ •
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; ,�.n: Notary Public•State of Florida
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13-2365-CC/68
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