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Agenda 12/16/2008 Item #16K 2 Agenda Item No. 16K2 December 16, 2008 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 Josefa De La Rosa in County Court in and for Collier County, Florida, to Recover Damages in the Amount of $6,019.50. OBJECTIVE: For the Board of County Commissioners to authorize the County Attorney to file a lawsuit in the County Court in and for Collier County, Florida against Josefa De La Rosa to recover costs, damages, and administrative fees incurred by the County in the amount of $6,019.50. CONSIDERATIONS: On August 25, 2006, a vehicle owned by Ms. De La Rosa struck and damaged a light pole and a palm tree maintained by Collier County located at the intersection of West New Market Road and North 15th Street in Immokalee, Florida. Although correspondence has been sent to Ms. De La Rosa advising of the amount due and owing, she has not responded. The County has no other recourse for recovery of the costs than to proceed with litigation. FISCAL IMPACT: Funds are budgeted and available in the Risk Management Property & Casualty Fund. .- GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this item. LEGAL CONSIDERATIONS: Both the County Attorney and the Risk Management Director opine that the County has no other recourse for recovery of the costs incurred for the repair of the light pole and replacement of the palm tree, in the sum of$6,019.50. This item is not quasi judicial, and as such ex parte disclosure is not required, This item requires majority vote only. Approved: WEM ACA RECOMMENDATION: That the Board of County Commissioners authorize the County Attorney to file a lawsuit against Josefa De La Rosa in County Court in and for Collier County, Florida, to recover $6,019.50 for costs incurred as a result of the damages to the County's light pole and replacement of a palm tree. PREPARED BY: William E, Mountford, Esq., Assistant County Attorney. - Page 1 of 1 Agenda item No. 16K2 December 16, 2008 Page 2 of 2 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: 16K2 Meeting Date: Recommendation to Authorize the County Attorney to File a Lawsuit on Behalf of the Collier County Board of County Commissioners, Against Josefa De La Rosa in County Court in and for Collier County, Florida. to Recover Damages In the Amount of $6,019.50 12/16/2008 90000 AM Prepared By William Mountford Assistant County Attorney Date County Attorney County Attorney Office 11/26/200811:51:17 AM Approved By Jeffrey A. Walker, CPCU, ARM Risk Management Director Date Administrative Services Risk Management 12/2/200811 :54 AM Approved By William Mountford County Attorney Assistant County Attorney County Attorney Office Date 12/3/2008 1 :28 PM Approved By Jeff Klatzkow County Attorney Assistant County Attorney County Attorney Office Date 12/3/20083:07 PM Approved By OMS Coordinator App!ications Ana!yst Date Administrative Services Information Technology 12/4/20088:12 AM Approved By John A. Y onkosky County Manager's Office Director of the Office of Management Office of Management & Budget Date 12/41200810:22 AM Approl-'ed 8y James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 12171200810:06 PM tilc://C:\A~endaTest\Export\ 118-December%20 16.%202008\ 16. %20CONSENT%20AGL. ] 2/1 0/2008 1