Agenda 03/23/2010 Item #16K 1
Agenda Item No. 16K1
March 23. 2010
Page 1 of 3
EXECUTIVE SUMMARY
Recommendation to approve and accept IIlI payment in full the settlement and settlement
check received from the Farm Bureau Insurance of North Carolina on behalf of Leonardo
Rodriguez and Marla Rodriguez in the amount of $7,533.69 and authorize the County
Manager or his designee to execute the required release.
OBJECTIVE: To approve and accept the settlement and settlement check received from the
Fann Bureau Insurance of North Carolina on behalf of Leonardo Rodriguez and Maria
Rodriguez in the amount of $7,533.69 and authorize the County Manager or his designee to
execute the required release.
CONSIDERATIONS: On January 7, 2008, Leonardo Rodriguez was operating a vehicle
owned by his mother, Maria Rodriguez, with her knowledge and consent. Mr. Rodriguez
negligently collided with a Collier County EMS vehicle causing damages in the amount of
$7,533.69 to the EMS vehicle. The EMS vehicle was operating with its siren and lights and had
the right-of-way.
Collier County filed a lawsuit against Leonardo Rodriguez and Maria Rodriguez on October 12,
2009, as authorized by the Board on September 15,2009 (Agenda Item 16Kll), Collier County
Case No. 09-3336-CC. Pursuant to Resolution No. 04-15, BCC approval is required prior to
settlement of a pending lawsuit. Accepting this settlement will finally conclude this case. The
County will file a voluntary notice of dismissal.
FISCAL IMPACT: The settlement to be received by Collier County amounts to $7,533.69,
which will be revenue deposited into the Risk Management Department Property and Causality
Claims Fund 516 Cost Center 121650-369130
GROWTH MANAGEMENT IMP ACT: There is no growth management impact associated
with this item.
LEGAL CONSIDERATIONS: This settlement offer has been reviewed and approved by the
County Attorney's Office and is legally sufficient for Board action. - CMG
RECOMMENDATION: That the Board of County Commissioners' approve and accept the
settlement and settlement check forwarded on behalf of Leonardo Rodriguez and Maria
Rodriguez, in the amount of $7,533.69, and authorize the County Manager or his designee to
execute the Release of the Rodriguez's tendered by the Fann Bureau Insurance of North
Carolina.
PREPARED BY:
Colleen M. Greene, Assistant C_ty Attorney
Item Number:
Item Summary:
Meeting Date:
Agenda Item No. 16K1
March 23, 2010
Page 2 of 3
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16K1
Recommendation to approve and accept as payment in full the settlement and settlement
check received from the Farm Bureau Insurance of North Carolina on behalf of Leonardo
Rodriguez and Marla Rodriguez in the amount of $7,533.69 and authorize the County
Manager or his designee to execute the required release.
3/23/20109:00:00 AM
Date
Prepared By
Colleen Greene
County Attorney
Assistant County Attorney
County Attorney
3/10/20102:59:12 PM
Date
Approved By
Jeffrey A. Walker, CPCU.
ARM
Administrative Services
Division
Director - Risk Management
Risk Management
3/10/20103:02 PM
Date
Approved By
Colleen Greene
County Attorney
Assistant County Attorney
County Attorney
3/11/20102:02 PM
Date
Approved By
Jeff Klatzkow
County Attorney
3/12/2010 2:23 PM
Date
Approved By
OMS Coordinator
County Manager's Office
Office of Management & Budget
3/15/20108:32 AM
Date
Approved By
Susan Usher
Office of Management &
Budget
Management/Budget Analyst, Senior
Office of Management & Budget
3/15/20108:55 PM
Date
Approved By
Mark Isackson
Office of Management &
Budget
Management/Budget Analyst, Senior
Office of Management & Budget
3/16/2010 9:40 AM
RELEASE
(PROPERTY DAMAGE ONLY)
FOR AND IN CONSIDERATION OF THE PAYMENT TO ME/US OF THE SUM OF ($7,533.69) Seven Thousand Five
Hundred Thirty-Three and 69/100 DOLLARS. AND OTHER GOOD AND VALUABLE CONSIDERATION, I/WE, BEING OF LAWFUL
AGE, HAVE RELEASED AND DISCHARGED, AND BY THESE PRESENTS DO FOR MYSELF/OURSELVES, MY/OUR HEIRS,
EXECUTORS, ADMINISTRATORS AND ASSIGNS, RELEASE, ACQUIT AND FOREVER DISCHARGE Maria G. Rodriguez, Leonardo
Rodriguez and Anastacio R. Rodriguez AND ANY AND ALL OTHER PERSONS, FIRMS AND CORPORATIONS OF AND FROM ANY
AND ALL ACTIONS, CAUSES OF ACTION, CLAIMS, DEMANDS, DAMAGES, COSTS, LOSS OF USE, EXPENSES, COMPENSATION,
AND ALL CONSEQUENTIAL DAMAGE ON ACCOUNT OF, OR IN ANY WAY GROWING OUT OF, PROPERTY DAMAGE RESULTING
OR TO RESULT FROM ACCIDENT THAT OCCURRED ON OR ABOUT THE 7th DAY OF January, 2008, AT OR NEAR Immokalee,
Collier County, Florida.
Agenda Item No. 16K1
March 23, 2010
Page 3 of 3
I/WE UNDERSTAND THAT THIS SETTLEMENT IS THE COMPROMISE OF A DOUBTFUL AND DISPUTED CLAIM, AND
THAT THE PAYMENT IS NOT TO BE CONSTRUED AS AN ADMISSION OF LIABILITY ON THE PART OF THE PERSONS, FIRMS,
AND CORPORATIONS HEREBY RELEASED BY WHOM LIABILITY IS EXPRESSLY DENIED.
THIS RELEASE CONTAINS THE ENTIRE AGREEMENT BETWEEN THE PARTIES HERETO, AND THE TERMS OF THIS
RELEASE ARE CONTRACTUAL AND NOT A MERE RECITAL.
I/WE FURTHER STATE THAT I/WE HAVE CAREFULLY READ THE FOREGOING RELEASE AND KNOW THE CONTENTS
THEREOF, AND i/WE SIGN THE SAME AS MY/OUR OWN FREE ACT.
WITNESS MY HAND AND SEAL THIS
DAY OF
,2010
IN THE PRESENCE OF
CAUTION I READ BEFORE SIGNING
NAME
ADDRESS
)
---)
------- )
(SEAL)
NAME
(SEAL)
ADDRESS
STATE OF
)
SS_
COUNTY OF ____________)
ON THIS
DAY OF
, BEFORE ME PERSONALL v APPEARED
.._ __ __ TO ME KNOWN TO BE THE PERSON_ DESCRIBED HEREIN, AND WHO
EXECUTED THE FOREGOING INSTRUMENT AND
SAME.
ACKNOWLEDGED THAT
VOLUNTARILY EXECUTED THE
MY TERM EXPIRES
NOTARY PUBLIC
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