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Agenda 01/28/2025 Item #16K 2 (Settle and release the County’s claim against Evangelina Sierra Havran for costs incurred to replace a damaged light pole)1/28/2025 Item # 16.K.2 ID# 2025-16 Executive Summary Recommendation to approve an insurance settlement whereby the County will receive $9,157.44 to settle and release the County’s claim against Evangelina Sierra Havran for costs incurred to replace a damaged light pole, and to authorize the County Manager or designee to execute the release. OBJECTIVE: To approve and accept an insurance settlement to settle a subrogation claim. CONSIDERATIONS: On April 30, 2022, Evangelina Sierra Havran was driving east on Westclox Street into the intersection of State Road 29 and collided with another vehicle. The momentum of the accident caused Havran’s vehicle to impact a County light pole in the northeast corner of the intersection. To effectuate repairs of the light pole, the County paid contractor Simmonds Electrical of Naples, Inc. $21,904.32 to replace Light Pole #8. Havran’s insurance carrier Geico offered a pro rata amount of $9,157.44 to satisfy and release the claim. Havran’s total property damage limit was $25,000 and Geico paid out a pro rata amount of $15,842.56 to the other driver, which leaves a remaining balance of $9,157.44 before Havran’s property damage limits are exhausted. The Board may choose to bring litigation against Havran to potentially obtain the $9,157.44 pro rata amount and a judgement for the total/remaining damages, plus litigation costs. However, based on County background investigation and financial representations made by Havran and their attorney, it is unlikely that any money beyond Geico’s $9,157.44 remaining insurance policy limits would be recovered, and litigation of this claim would likely cost the County more than it would yield. Havran requested that the Board accept the maximum insurance settlement offered in lieu of litigation. In support of this request, Havran provided an affidavit of indigency (attached) stating that she lives in a mobile home, earns approximately $450 a week, has $6,048 of debt, and has $1,661 in the bank/crypto currency, and a retirement account with $18,529 in it (retirement accounts are generally protected from creditors under federal and state law). The County Attorney’s Office and Risk Management Director support this settlement and recommend Board approval because Havran is essentially judgement proof and does not have enough assets for the County to seize should it obtain a judgement against her, and further pursuit of this claim will likely cost the County more than it would yield. FISCAL IMPACT: The County will recoup funds in the amount of $9,157.44, which will be deposited in the Road Maintenance fund, 1001000000-163620-369130. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this action. LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires majority vote for approval. - DDP RECOMMENDATIONS: To approve an insurance settlement whereby the County will receive $9,157.44 to settle and release its claim against Evangelina Sierra Havran for costs incurred to replace a damaged light pole, and to authorize the County Manager or designee to execute the release. PREPARED BY: Derek D. Perry, Assistant County Attorney Michael K. Quigley, Risk Management Division Director ATTACHMENTS: 1. Havran - In Forma Pauperis Relief Affidavit (002) 2. Havran - Insurance Documents (002) Page 3003 of 3681 1/28/2025 Item # 16.K.2 ID# 2025-16 3. Havran - Backup Documents (002) Page 3004 of 3681 MAEGAN F. BRIDWELL, ESQ. Direct Line: 813-314-1155 E-mail: MFB@kubickidraper.com December 18, 2024 Via Email: Derek.Perry@colliercountyfl.gov Derek D. Perry, Esq. Collier County Attorneys Office 3299 East Tamiami Trail – Suite 800 Naples, FL 34112 Re: In re Havran Claim Number: 01654733880101028 Date of Loss: 04/30/2022 Our File No.: 0207090 Dear Mr. Perry: As you know, my office has been retained by GEICO Insurance Company to represent Evangelina Havran concerning the above-referenced matter. As requested, please see enclosed affidavit for your file which has been executed by my client. If you have any questions, or need additional information, please let me know. Very truly yours, Maegan F. Bridwell MAEGAN F. BRIDWELL Enclosure as noted cc: Joseph Vallejo (via Email) Page 3005 of 3681 IN FORMA PAUPERIS RELIEF AFFIDAVIT OF INDIGENCY BY DEFENDANT 1, EVANGELINA SIERRA HAVRAN respectfully request that the Collier County Board of County Commissioners accept the maximum insurance settlement offered in lieu of litigation. I am unable to make full payment or to give security to repay the full cost of the claim. I have not divested myself of any property, monies, or any items of value for the purpose of avoiding payment of said claim. I am hereby submitting the following ﬁnancial afﬁdavit of indigency in support of this request. The undersigned, with knowledge that there are criminal penalties for false statements, makes the following statement regarding my dependents, marital status, income, assets, liabilities/debts, and other relevant ﬁnancial information: 1. have 1 dependents. (Include only those persons you list on your U.S. Income tax return.) Marital Status: * Married • Single Annual Spouse Income: S_ N/A 2. I have a net income of sayina differs_ paid • weekly & every two weeks • semi- monthly monthly yearly I other 3. I have other income paid weekly [ every two weeks • semi-monthly • monthly O yearly other N/A (Check "Yes" and ﬁll in the amount if you have this kind of income, otherwise check "No") Second Job •Yes $ Social Security Beneﬁts For you:•Yes $ For child(ren)•Yes $ Unemployment Comp.•Yes $ Union Payments •Yes $Retirement/Pensions40/K Yes $18,529 Trusts •Yes $ # No -No •No # No #No •No * No Veterans' Beneﬁts Workers' Compensation Income from absent family Stocks/Bonds Rental Income Dividends or Interest Other Kinds of Income Gifts • Yes $ •Yes $ •Yes S • Yes S • Yes $ • Yes $ • Yes S •Yes S & No # No *No 4. Thave other assets: (Check "Yes" and ﬁll in the amount if you have this kind of income, otherwise check "No") Cash • Yes $#No Savings account Bank account(s)• Yes $400 •No Qualiﬁed Retirement Plan Investments 40l k I Yes$No Homestead Real Boats*•Yes $•No Motor Other kinds of assets $ Yes S1, 261 • Non-homestead real estate «Shopto ourse ase , change often • Yes $ • Yes S •Yes S  NO $ No # No •No * Yess • mobil home, butrent land in FloridaPage 3006 of 3681 5. I have total liabilities and debts of _, as follows: Motor Other Real Property Credit Cards Monthly Medicine •Yes $• No •Yes S • Yes $Ý No Child Support • Yes S * Yes $6,048 •No Medical Bills •Yes $ • Yes $_I No Other Kinds of *Yes S •No • • •No cell 6. The following information and/or narrative is relevant to my ﬁnancial status and inability to repay said claim: See attached letter Under penalties of perjury, I declare that I have read the foregoing afﬁdavit and that the facts stated in it are STATE OF FLORIDA COUNTY OF collies This afﬁdavit was sworn to and subscribed before me by means of physical presence this / day of known or produced 2024, by EVANGELINA SIERRA HAVRAN who is personally as identiﬁcation. AAITNetary Signature АРВЕР: 223UЗ4УКД RUBEN A. RODRIGUEZ Notary Public, State of Florida 1: Commission# HH 254718 My p. mm. expires April 18, 2026 Notary Printed Page 3007 of 3681 Jam a single mom of dhe daughter I do not receive child support, I do not receive ﬁnancial assistance from anyone else most of my income goes towards my living expenses Including the rent that I pay for the land that my mobil home sits. Page 3008 of 3681 Page 3009 of 3681 Page 3010 of 3681 Page 3011 of 3681 CAOBOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: ____________________________________ Amy Patterson, County Manager, Pursuant to Agenda Dated January 28, 2025, Item No. 16.__.___. Approved as to form and legality: ______________________________ Derek D. Perry Assistant County Attorney lity: _____________________________________12/26/2024Collier by physical presence Amy Patterson, whoJanuary 2025 Page 3012 of 3681 Page 3013 of 3681 Page 3014 of 3681 Page 3015 of 3681 Page 3016 of 3681 Page 3017 of 3681 Page 3018 of 3681 Page 3019 of 3681 Page 3020 of 3681 Page 3021 of 3681