Agenda 09/12/2023 Item #16K 4 (Execute settlement agreement in the lawsuit styled BCC v. Roy Garcia)09/12/2023
EXECUTIVE SUMMARY
Recommendation to approve and authorize the Chair to execute a settlement agreement in the lawsuit styled
Collier County Board of County Commissioners v. Roy Garcia, Case No. 23-SC-1135, now pending in the
County Court of the Twentieth Judicial Circuit in and for Collier County, Florida, for the sum of $6,114.51.
OBJECTIVE: Recommendation to approve the settlement agreement for the lawsuit filed by the Board of County
Commissioners (“Board”) against Roy Garcia.
CONSIDERATIONS: On April 25, 2023, Agenda Item No. 16.K.4, the Board authorized the County Attorney to
file a lawsuit to recover damages and litigation costs from an accident that occurred on October 20, 2021, when
Roy Garcia was found at fault for a motor vehicle accident at the corner of Bayshore Drive and Gulfview Drive.
In addition to causing property damage to another vehicle, Mr. Garcia also caused damage to County property
including a foxtail palm, trash receptacle and six-foot bench at the bus stop located between 3275 Bayshore Drive
and 3305 Bayshore Drive. It was determined that Roy Garcia did not have the proper insurance, so collection
against the individual is required to compensate the County for its damages.
After court ordered mediation, Roy Garcia agreed to settle the lawsuit for the full value of the property damage and
the County’s litigation costs. The County incurred damages in the amount of $5,743.11 and litigation costs of
$371.40, for a total sum of $6,114.51.
The County Attorney and the Risk Management Director recommend that the Board approve this settlement
agreement, as the County will be reimbursed for the full value of the damage plus litigation costs.
FISCAL IMPACT: Execution of the agreement will result in a payment to the County of $6,114.51 for damages
and litigation costs. Payment will be received by the Risk Management Division and deposited into the appropriate
divisional accounts.
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this item.
LEGAL CONSIDERATIONS: This settlement agreement and release has been reviewed by the Office of the
County Attorney, is approved as to form and legality, and requires majority vote for approval. -DDP
RECOMMENDATION: To approve and authorize the Chair to execute a settlement agreement in the lawsuit
styled Collier County Board of County Commissioners v. Roy Garcia, Case No. 23-SC-1135, now pending in the
County Court of the Twentieth Judicial Circuit in and for Collier County, Florida, for the sum of $6,114.51.
Prepared By: Derek D. Perry, Assistant County Attorney
Michael K. Quigley, Risk Management Division Director
ATTACHMENT(S)
1. Roy Garcia Settlement Agreement (PDF)
2. Roy Garcia - Complaint (PDF)
3. Roy Garcia - Summons and Return of Service (PDF)
16.K.4
Packet Pg. 1291
09/12/2023
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.K.4
Doc ID: 26545
Item Summary: Recommendation to approve and authorize the Chair to execute a settlement agreement in the
lawsuit styled Collier County Board of County Commissioners v. Roy Garcia, Case No. 23-SC-1135, now pending
in the County Court of the Twentieth Judicial Circuit in and for Collier County, Florida, for the sum of $6,114.51.
Meeting Date: 09/12/2023
Prepared by:
Title: Legal Assistant – County Attorney's Office
Name: Rosa Villarreal
09/06/2023 9:13 AM
Submitted by:
Title: County Attorney – County Attorney's Office
Name: Jeffrey A. Klatzkow
09/06/2023 9:13 AM
Approved By:
Review:
County Attorney's Office Derek D. Perry Additional Reviewer Completed 09/06/2023 9:17 AM
Risk Management Michael Quigley Additional Reviewer Completed 09/06/2023 9:23 AM
County Attorney's Office Ronald Tomasko Level 2 Attorney of Record Review Completed 09/06/2023 9:24 AM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 09/06/2023 9:40 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 09/06/2023 9:47 AM
Office of Management and Budget Christopher Johnson Additional Reviewer Completed 09/06/2023 12:40 PM
County Manager's Office Amy Patterson Level 4 County Manager Review Completed 09/06/2023 2:11 PM
Board of County Commissioners Geoffrey Willig Meeting Pending 09/12/2023 9:00 AM
16.K.4
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16.K.4.aPacket Pg. 1293Attachment: Roy Garcia Settlement Agreement (26545 : Approve execution of settlement agreement in BCC v. Roy Garcia 23-SC-1135)
16.K.4.aPacket Pg. 1294Attachment: Roy Garcia Settlement Agreement (26545 : Approve execution of settlement agreement in BCC v. Roy Garcia 23-SC-1135)
16.K.4.aPacket Pg. 1295Attachment: Roy Garcia Settlement Agreement (26545 : Approve execution of settlement agreement in BCC v. Roy Garcia 23-SC-1135)
16.K.4.aPacket Pg. 1296Attachment: Roy Garcia Settlement Agreement (26545 : Approve execution of settlement agreement in BCC v. Roy Garcia 23-SC-1135)
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Packet Pg. 1297 Attachment: Roy Garcia - Complaint (26545 : Approve execution of settlement agreement in BCC v. Roy Garcia 23-SC-1135)
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Packet Pg. 1298 Attachment: Roy Garcia - Complaint (26545 : Approve execution of settlement agreement in BCC v. Roy Garcia 23-SC-1135)
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Packet Pg. 1299 Attachment: Roy Garcia - Complaint (26545 : Approve execution of settlement agreement in BCC v. Roy Garcia 23-SC-1135)
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Packet Pg. 1300 Attachment: Roy Garcia - Complaint (26545 : Approve execution of settlement agreement in BCC v. Roy Garcia 23-SC-1135)
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Packet Pg. 1301 Attachment: Roy Garcia - Complaint (26545 : Approve execution of settlement agreement in BCC v. Roy Garcia 23-SC-1135)
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Packet Pg. 1302 Attachment: Roy Garcia - Complaint (26545 : Approve execution of settlement agreement in BCC v. Roy Garcia 23-SC-1135)
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Packet Pg. 1303 Attachment: Roy Garcia - Complaint (26545 : Approve execution of settlement agreement in BCC v. Roy Garcia 23-SC-1135)
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Packet Pg. 1304 Attachment: Roy Garcia - Complaint (26545 : Approve execution of settlement agreement in BCC v. Roy Garcia 23-SC-1135)
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Packet Pg. 1305 Attachment: Roy Garcia - Complaint (26545 : Approve execution of settlement agreement in BCC v. Roy Garcia 23-SC-1135)
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Packet Pg. 1306 Attachment: Roy Garcia - Complaint (26545 : Approve execution of settlement agreement in BCC v. Roy Garcia 23-SC-1135)
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Packet Pg. 1307 Attachment: Roy Garcia - Complaint (26545 : Approve execution of settlement agreement in BCC v. Roy Garcia 23-SC-1135)
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Packet Pg. 1308 Attachment: Roy Garcia - Complaint (26545 : Approve execution of settlement agreement in BCC v. Roy Garcia 23-SC-1135)
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Packet Pg. 1309 Attachment: Roy Garcia - Complaint (26545 : Approve execution of settlement agreement in BCC v. Roy Garcia 23-SC-1135)
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Packet Pg. 1310 Attachment: Roy Garcia - Summons and Return of Service (26545 : Approve execution of settlement agreement in BCC v. Roy Garcia 23-SC-
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Packet Pg. 1311 Attachment: Roy Garcia - Summons and Return of Service (26545 : Approve execution of settlement agreement in BCC v. Roy Garcia 23-SC-