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Agenda 01/25/2011 Item #16K4 . . . 1/25/2011 Item 16.1<.4. ~ ~ I ! EXECUTIVE SUMMARY Recommendation to authorize the County Attorney to file a lawsuit on behalf of the Collier County Board of County Commissioners, against RODNEY R. BONARD, in the Twentieth Judicial Circuit in and for Collier County, Florida, to recover the damages to County owned guardrails in the amount of $2,988.99, plus costs of litigation. OBJECTIVE: For the Board of County Commissioners to authorize the County Attorney to file a lawsuit in the Twentieth Judicial Circuit in and for Collier County, Florida against RODNEY R. BONARD, to recover costs, damages, and administrative fees incurred by the County in the amount of $2,988.99 for damages to several County owned guardrails. CONSIDERATIONS: On December 27,2008, a vehicle owned and operated by Rodney R. Bonard was traveling westbound on U.S. 41 approximately 4 miles east of State Road 92 in Collier County. Mr. Bonard lost control of his vehicle, negligently and/or carelessly left the driving lane and struck several guardrails owned and maintained by Collier County. Mr. Bonard received a traffic citation for careless driving. Mr. Bonard did not have valid automobile insurance at the time of the accident. The County has made several demands to Mr. Bonard to compensate the County for damages incurred as a result of Mr. Bonard's negligence, Mr. Bonard has failed and refused to compensate the County for the damages. The County has no other recourse for recovery of the costs than to proceed with litigation. FISCAL IMP ACT: Funds are budgeted and available in the Risk Management Property & Casualty Fund. Filing fees and service total approximately $400.00. 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 simple majority vote, and is legally sufficient for Board action. - CMG RECOMMENDATION: That the Board of County Commissioners authorize the County Attorney to file a lawsuit against RODNEY R. BONARD, in the Twentieth Judicial Circuit in and for Collier County, Florida, to recover $2,988.99 for costs incurred as a result of the damages to County owned guardrails and costs of the litigation, PREPARED BY: Colleen M, Greene, Assistant County Attorney 09-RMG-OOll2125 Packet Page -983- 1/25/2011 Item 16.K.4. . COLLIER COUNTY Board of County Commissioners Item Number: 16.K.4. Item Summary: Recommendation to authorize the County Attorney to file a lawsuit on behalf ofthe Collier County Board of County Commissioners, against RODNEY R. BONARD, in the Twentieth Judicial Circuit in and for Collier County, Florida, to recover the damages to County owned guardrails in the amount of $2,988.99, plus costs of litigation. Meeting Date: 1/25/2011 Prepared By Name: CrotteauKathynell Title: Legal Secretary, County Attorney 1/14/201111:18:52 AM Approved By . Name: GreeneColleen Title: Assistant County Attorney,County Attorney Date: 1/14/2011 1:50:43 PM Name: KlatzkowJeff Title: County Attorney, Date: 1/14/2011 3:39:11 PM Name: GreenwaldRandy Title: Management/Budget Analyst,Office of Management & B Date: 1/14/2011 4:04:39 PM Name: IsacksonMark Title: Director-Corp Financial and Mgmt Svs,CMO Date: 1/15/2011 12:36:50 PM . Pack~t P::lP'P -qR4-