Agenda 02/26/2013 Item #16E32/26/2013 16.E.3.
EXECUTIVE SUMMARY
Recommendation to approve settlement of the negligence claim of Liz Pfunder in the
amount of $19,000 (Claim #22- 02151201177).
OBJECTIVE: To seek Board approval to settle and pay the negligence claim of Liz Pfunder, in
the amount of $19,000 (Claim #22- 02151201177).
CONSIDERATIONS: On January 22, 2013, the Board heard Item 11J which was a request
from claimant Liz Pfunder for reimbursement of repair bills related to a sewer backup claim in
her home that occurred on February 14, 2012.
The Board directed staff to negotiate a settlement with the claimant. The negotiation was
completed by the County's adjusting firm, Johns Eastern on the Board's behalf. The County
Attorney's office has reviewed the settlement as well.
The claimant's net damages have been documented to be $38,093.52. The claimant has
agreed to accept $19,000 as full and final settlement of the claim. This is just under half the net
damages claimed. There is no admission of liability on the part of the County. Each party
agrees to pay their own costs.
FISCAL IMPACT: Funds are budgeted in Fund 516, Property and Casualty Self Insurance
Fund, for this purpose.
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with
this item.
LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney's Office,
requires majority vote, and is legally sufficient for Board action. — CMG
RECOMMENDATION: It is recommended that the Board approves the payment of claim of Liz
Pfunder, in the amount of $19,000 (Claim #22- 02151201177).
PREPARED BY: Jeffrey A. Walker, CPCU, ARM, Director, Risk Management Department
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2/26/2013 16.E.3.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.E.16.E.3.
Item Summary: Recommendation to approve settlement of the negligence claim of Liz
Pfunder in the amount of $19,000 (Claim #22- 02151201177).
Meeting Date: 2/26/2013
Prepared By
Name: WalkerJeff
Title: Director - Risk Management,Risk Management
1/31/2013 10:06:59 AM
Approved By
Name: pochopinpat
Title: Administrative Assistant,Facilities Management
Date: 2/5/2013 10:28:53 AM
Name: GreeneColleen
Title: Assistant County Attorney,County Attorney
Date: 2/6/2013 10:11:51 AM
Name: PriceLen
Title: Administrator, Administrative Services
Date: 2/13/2013 5:19:21 PM
Name: PryorCheryl
Title: Management/ Budget Analyst, Senior,Office of Manag
Date: 2/14/2013 4:02:17 PM
Name: KlatzkowJeff
Title: County Attorney
Date: 2/14/2013 4:49:05 PM
Name: OchsLeo
Title: County Manager
Date: 2/15/2013 11:33:30 AM
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2/26/2013 16.E.3.
PROPERTY DAMAGE RELEASE
Risk Claim Number: 22- 02151201177
IN CONSIDERATION OF payment from COLLIER COUNTY the sum of Nineteen
Thousand Dollars and 00 /100 ($19,000.00), to Claimant, LIZ PFUNDER, and other good and
valuable consideration, LIZ PFUNDER does release and discharge, and by these presents does
for herself, her heirs, executors, successors in interest, administrators and assigns, release, acquit
and forever discharge COLLIER COUNTY, of and from any and all actions, causes of action,
claims or demands for property damage and personal injury, including, but not limited to, repair
costs, loss of use, diminution in value, consequential damage, costs, expenses, and any other
thing whatsoever on account of, or in any way growing out of, damage to Claimant's property as
a result of an accident that happened on or about the 14th day of February, 2012.
Claimant agrees within fourteen days of the commencement of this agreement to
purchase and maintain coverage for the peril of backup of sewers and drains under her
homeowner's insurance policy for as long as she occupies or owns the home. Should the
claimant fail to purchase and maintain this coverage and a loss occur, claimant shall hold
harmless the County and forfeit the right to file a claim for damages against the County. This
provision shall not apply in the event that the cause of the loss is directly attributable to the a
malfunction of the sewer system servicing her home by the County, and whereby the cause can
be directly attributed to the negligence of the County, confirmed through direct observation of
the cause by the Public Utilities staff.
Claimant understands that this settlement release is the compromise of a disputed claim,
and that the payment is not to be construed as an admission of liability on the part of the persons
hereby released by whom liability is expressly denied.
Claimant further state(s), that she has carefully read the foregoing release and knows the
contents thereof, and sign the same by own free act, and that this release contains the entire
agreement between the parties.
[Signature Page to Follow]
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2/26/2013 16.E.3.
IN WITNESS WHEREOF, Claimant, and the County have signed and sealed this
Property Damage Release which is entered into and made on this day of February, 2013,
as set forth below.
Claimant:
Liz Pfunder
STATE OF
COUNTY OF
THIS PROPERTY DAMAGE RELEASE BETWEEN CLAIMANT AND COLLIER
COUNTY, FLORIDA WAS SWORN TO and subscribed by LIZ PFUNDER, before me on
this day of , 2013.
Signature of Notary Public
Commissioned Name of Notary Public
(Please print, type or stamp)
My Commission expires:
ATTEST:
DWIGHT E. BROCK, CLERK
, Deputy Clerk
AnDroved as to form and legal sufficiency:
4o2lle—en—M. Greene
Assistant County Attorney
13 -RMG- 00318/11
Personally Known
or
Produced Identification
Type of Identification Produced
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA,
LIN
Georgia A. Hiller, Esq.
Chairwoman
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