Agenda 09/15/2009 Item #16K10
Agenda Item No. 16K10
September 15, 2009
Page 1 of 2
EXECUTIVE SUMMARY
Recommendation to authorize the County Attorney to file a lawsuit on behalf of the Collier
County Board of County Commissioners against EMBARQ, INC., EMBARQ
COMMUNICATIONS, INC. and WORKl\1AN SERVICES, INC., in Circuit Court to
recover damages in the amount of $23,323.94, plus the cost of litigation.
OBJECTIVE: For the Board of County Commissioners to authorize the County Attorney to file
a lawsuit in the Circuit Court in and for Collier County, Florida against EMBARQ INC.,
EMBARQ COMMUNICATIONS, INC. and WORKMAN SERVICES, INC., to recover
costs of repair to its sewer line caused by these parties and administrative fees incurred by the
County in the amount of $23,323.94 plus the cost oflitigation.
CONSIDERATIONS: On August 27, 2008, Defendant Workman Services, Inc., was a
subcontractor of the Defendant EMBARQ Inc., and/or EMBARQ Communications, Inc. and was
installing cable on its behalf. During the installation, Workman Services, Inc., struck and
damaged the County's lateral sewer line located at 379 Palm Drive and the intersection of Glades
Blvd., in Collier County. Collier County's damages total $23,323.94.
The County has attempted to collect damages from each Defendant, and each Defendant has
failed and/or refused to negotiate with the County. As such, the County has no other recourse for
- recovery of the damages and costs than to proceed with litigation.
FISCAL IMPACT: Funds are budgeted and available in the Risk Management Property &
Casualty Fund.
GROWTH MANAGEMENT IMP ACT: There is no growth management impact associated
with this item.
LEGAL CONSIDERATIONS: Both the County Attorney and the Risk Management Director
agree that litigation is the best recourse for recovery of the costs as the negligent parties have
refused to compensate the County for its damages. - CMG
RECOMMENDATION: That the Board of County Commissioners authorize the County
Attorney to file a lawsuit against EMBARQ INC., EMBARQ COMMUNICATIONS, INC.
and WORKMAN SERVICES, INC., in Circuit Court in and for Collier County, Florida, to
recover $23,323.94, for costs incurred as a result of the damages to the County's sewer line
and costs of the suit.
PREPARED BY:
Colleen M. Greene, Assistant County Attorney
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Agenda Item No. 16K10
September 15, 2009
Page 2 of 2
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
16K10
Meeting Date:
Recommendation to authorize the County Attorney to file a lawsuit on behalf of the Collier
County Board of County Commissioners against EMBARQ, INC., EMSARQ
COMMUNICATIONS, INC. and WORKMAN SERVICES, INC, in Circuit Court to recover
damages in the amount of $24,358.54, plus the cost of litigation.
9/15/2009 9:0000 AM
Prepared By
Colleen Greene Assistant County Attorner Date
County Attorney County Attorney Office 8/28/2009 4:29:46 PM
Approved By
Colleen Greene Assistant County Attorner Date
County Attorney County Attorney Office 8/28/2009 4:44 PM
Approved By
Jeffrey A. Walker, CPCU, Risk Management Director Date
ARM
Administrative Services Risk Management 8/31/20098:18 AM
Approved By
Jeff Klatzkow County Attorney Date
County Attorney County Attorney Office 9/1/2009 3:29 PM
Approved By
OMB Coordinator OMS Coordinator Date
County Manager's Office Office of Management & Budget 9/2/200910:11 AM
Approved By
Laura Davisson Management & Budget Analyst Date
County Manager's Office Office of Management & Budget 9/2/2009 11: 15 AM
Approved By
Leo E. Ochs, Jr. Deputy County Manager Date
Board of County
Commissioners County Manager's Office 9/2/2009 6 :32 PM
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