Agenda 12/12/2017 Item #16E 112/12/2017
EXECUTIVE SUMMARY
Recommendation to ratify Property, Casualty, Workers’ Compensation and Subrogation claim
files settled and/or closed by the Risk Management Division Director pursuant to Resolution #2004 -
15 for the fourth quarter of FY 17.
OBJECTIVE: To settle routine, administrative and minor claims matters which promotes the efficient
use of resources and the efficient administration of the program; and allows for a timely response to
claimants and/or their representatives.
CONSIDERATIONS: Resolution 04-15 grants limited authority to the Risk Management Division
Director to settle certain damage claims against Collier County and to authorize the payment of
investigation and adjustment expenses as presented to the County’s Risk Management Program.
Authority is delegated as follows:
Bodily Injury Liability- Premises, Auto, Operations: Non-litigated claims less than $50,000
Property Damage Liability Claims- Premises, Auto, Operations: Non-litigated claims less than
$75,000
Errors, Omissions, Professional Liability, Employment Practices Liability: Non-litigated claims
less than $50,000
Property Losses to County Owned Property: Full authority
Workers’ Compensation: Full authority subject to the provisions of F.S. 440 and subject to
approval by the Judge of Compensation as needed
Employer’s Liability: Non-litigated claims less than $50,000
Subrogation- Bodily Injury and Property Damage: Full authority to pursue non-litigated
subrogation recoveries
Subrogation- Workers’ Compensation: Full authority to pursue non-litigated subrogation
recoveries.
Pursuant to the Resolution, claims are settled and paid according to the loss verification procedures
contained in the Resolution which include the completion of claim forms, documentation of evidence,
valuation, and the determination of a finding of liability where applicable. Closed claim files are also
subject to review by the external auditor. A listing of claim files closed during the fourth quarter of FY
17 is attached. The report may include claims and/or settlements previously approved by the Board of
Commissioners as well as litigated files with a final court determination.
FISCAL IMPACT: Funds are budgeted and available in Fund 516-121650-645920 (Property and
Casualty Self Insurance Fund) and 518-121630-645928 (Workers’ Compensation Fund) for the payment
of claims and settlements. For the fourth quarter of FY 17, 47 files were closed with total expenditures of
$116,778.93. During the same period, 26 subrogation files were closed and the Risk Management
Division recovered $48,267.37 in funds owed the County.
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this
item.
LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires majority vote
for approval. - CMG
RECOMMENDATION: To accept the attached Claims Report and ratify the actions taken therein.
12/12/2017
Prepared By: Jeff Walker, CPCU, ARM, Division Director, Risk Management
ATTACHMENT(S)
1. FY 17 4th QTR All Lines Closed Claim Report (PDF)
2. FY 17 4th QTR Subrogation Report (PDF)
3. Resolution 2004-15 PDF0001 (PDF)
12/12/2017
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.E.1
Doc ID: 3909
Item Summary: Recommendation to ratify Property, Casualty, Workers’ Compensation and
Subrogation claim files settled and/or closed by the Risk Management Division Director pursuant to
Resolution #2004-15 for the fourth quarter of FY 17.
Meeting Date: 12/12/2017
Prepared by:
Title: Division Director - Risk Management – Risk Management
Name: Jeff Walker
10/10/2017 2:04 PM
Submitted by:
Title: Division Director - Risk Management – Risk Management
Name: Jeff Walker
10/10/2017 2:04 PM
Approved By:
Review:
Administrative Services Department Paula Brethauer Level 1 Division Reviewer Completed 10/10/2017 3:18 PM
County Attorney's Office Colleen Greene Level 2 Attorney Review Completed 10/12/2017 2:59 PM
Administrative Services Department Len Price Level 2 Division Administrator Review Completed 11/14/2017 1:23 PM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 11/15/2017 8:56 AM
Office of Management and Budget Laura Wells Additional Reviewer Completed 11/15/2017 11:14 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 11/15/2017 4:10 PM
County Manager's Office Leo E. Ochs Level 4 County Manager Review Completed 11/29/2017 11:58 AM
Board of County Commissioners MaryJo Brock Meeting Pending 12/12/2017 9:00 AM
Med/BI/Comp Expense Ind/PD/Coll Recovery Deductible Legal Other Total Inc
Incurred Total Incurred Total Incurred Total Incurred Total Incurred Total Incurred Total Incurred Total Incurred Total
Date of Loss Date Report to RiskStatus Paid Total Paid Total Paid Total Paid Total Paid Total Paid Total Paid Total Paid Total
Coverage Cause
0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00
7/18/2017 7/24/2017 8/10/2017 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00
10 1300
1,040.47 42.00 0.00 0.00 0.00 0.00 0.00 1,082.47
8/4/2017 8/4/2017 9/25/2017 1,040.47 42.00 0.00 0.00 0.00 0.00 0.00 1,082.47
10 1600
5,584.39 191.42 0.00 0.00 0.00 0.00 0.00 5,775.81
2/24/2017 2/28/2017 7/24/2017 5,584.39 191.42 0.00 0.00 0.00 0.00 0.00 5,775.81
10 1900
318.57 42.00 0.00 0.00 0.00 0.00 0.00 360.57
6/20/2017 6/20/2017 7/13/2017 318.57 42.00 0.00 0.00 0.00 0.00 0.00 360.57
10 1200
26.89 0.00 0.00 0.00 0.00 0.00 0.00 26.89
9/18/2017 9/19/2017 9/30/2017 26.89 0.00 0.00 0.00 0.00 0.00 0.00 26.89
10 1500
0.00 13.75 0.00 0.00 0.00 0.00 0.00 13.75
9/15/2017 9/19/2017 9/30/2017 0.00 13.75 0.00 0.00 0.00 0.00 0.00 13.75
10 1500
1009151706510
121811
Employee was removing trash,
tree branches and leaves from
perimeter of GMD Buildings all
week after Hurricane Irma as well
as transporting water, food and
supplies to shelters. Complained
of pain in his neck and back.
155410
Volunteer was scratched on the
wrist by a cat.
1009181706502
173439
Employee alleges his left wrist is
swollen and painful due to
keyboard ergonomics.
1002241705900
178980
Employee experienced an allergic
reaction upon entering a restroom
that had just been cleaned.
1006201706220
105010
Employee stood up to turn and her
foot/shoe stuck to the carpet,
causing her to fall and bruise her
right hip.
1008041706341
121640
Employee was exiting the
reception area when she truck her
right foot against the open door.
She lacerated her skin (8 sutures)
and fractured her small toe.
Cost Center
Carrier Employer Acc Desc.
Major Coverage: 10 - Workers' Compensation
1007181706304
Collier County Government
Closed Claim Report- All Lines
4th QTR FY 2017
Valued as of:10/10/2017
Claim Number Employee Name
1
458.94 42.00 0.00 0.00 0.00 0.00 0.00 500.94
7/25/2017 7/27/2017 8/21/2017 458.94 42.00 0.00 0.00 0.00 0.00 0.00 500.94
10 1700
6,700.45 196.00 0.00 0.00 0.00 0.00 0.00 6,896.45
3/20/2017 3/21/2017 7/19/2017 6,700.45 196.00 0.00 0.00 0.00 0.00 0.00 6,896.45
10 1700
1,542.98 140.00 0.00 0.00 0.00 0.00 0.00 1,682.98
4/17/2017 4/17/2017 8/21/2017 1,542.98 140.00 0.00 0.00 0.00 0.00 0.00 1,682.98
10 1500
433.03 42.00 0.00 0.00 0.00 0.00 0.00 475.03
5/25/2017 6/22/2017 7/11/2017 433.03 42.00 0.00 0.00 0.00 0.00 0.00 475.03
10 1600
133.98 14.00 0.00 0.00 0.00 0.00 0.00 147.98
7/4/2017 7/6/2017 7/13/2017 133.98 14.00 0.00 0.00 0.00 0.00 0.00 147.98
10 1900
200.15 28.00 0.00 0.00 0.00 0.00 0.00 228.15
7/4/2017 7/6/2017 7/13/2017 200.15 28.00 0.00 0.00 0.00 0.00 0.00 228.15
10 1900
175.07 28.00 0.00 0.00 0.00 0.00 0.00 203.07
7/11/2017 7/12/2017 7/27/2017 175.07 28.00 0.00 0.00 0.00 0.00 0.00 203.07
10 1800
0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00
8/19/2017 8/19/2017 9/19/2017 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00
10 1900 Employee handled a dead body
that had a white (drug) substance
on it. He then became euphoric
and sweaty.
182901
Employee developed a rash on his
left arm and side while working
around plants.
1008191706376
144610
1007041706254
144610
Employee was exposed to
pertussis while transporting a
patient.
1007111706274
163630
Employee struck his head against
a metal roof rack while getting into
a County vehicle.
1007041706253
144610
Employee was exposed to pertussi
while transporting a patient.
1004171706048
163651
Employee stepped off a concrete
sidewalk onto a limerock driveway
and rolled her left ankle.
1005251706227
253215
Employee believes he was bitten
by an insect on the left elbow.
1003201705977
233312
Employee received an electric
shock while installing a 2" MOV.
1007251706316
2
0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00
8/19/2017 8/19/2017 9/19/2017 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00
10 1900
215.38 28.00 0.00 0.00 0.00 0.00 0.00 243.38
7/25/2017 7/25/2017 8/21/2017 215.38 28.00 0.00 0.00 0.00 0.00 0.00 243.38
10 1700
397.62 42.00 0.00 0.00 0.00 0.00 0.00 439.62
7/25/2017 7/25/2017 7/31/2017 397.62 42.00 0.00 0.00 0.00 0.00 0.00 439.62
10 1500
0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00
7/20/2017 7/20/2017 8/10/2017 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00
10 1300
0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00
7/19/2017 7/20/2017 8/10/2017 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00
10 1500
0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00
8/2/2017 8/2/2017 8/25/2017 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00
10 1900
17,227.92 849.17 0.00 0.00 0.00 0.00 0.00 18,077.09
17,227.92 849.17 0.00 0.00 0.00 0.00 0.00 18,077.09
Employee blood sugar and blood
pressure was low and was seen by
EMS off of Oaks Park and was
released
Total by Major Coverage 20 Claims
163627
Employee twisted his left knee
while crossing a grass strip
between parking lots.
1008021706334
156332
1007201706298
210111
Employee tripped and fell while
walking on a sidewalk.
1007191706296
156315
Employee was attacked by a crow
while attempting to remove a dead
bird from the family pool.
1007251706309
144610
Employee injured his back while
unloading a stretcher and patient
from an EMS ambulance. The
stretcher tipped over and while
attempting to recover stretcher, he
injured his back.
1008191706377
144610
Employee handled a dead body
that had a white (drug) substance
on it. He then became euphoric
and sweaty.
1007251706308
3
0.00 0.00 415.87 0.00 0.00 0.00 0.00 415.87
5/23/2017 6/8/2017 7/31/2017 0.00 0.00 415.87 0.00 0.00 0.00 0.00 415.87
22
0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00
8/10/2017 9/1/2017 9/6/2017 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00
21
0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00
9/10/2017 9/14/2017 9/15/2017 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00
22 2000
0.00 0.00 32,500.00 0.00 0.00 0.00 0.00 32,500.00
6/18/2017 6/21/2017 9/20/2017 0.00 0.00 32,500.00 0.00 0.00 0.00 0.00 32,500.00
22 5100
0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00
9/10/2017 9/14/2017 9/15/2017 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00
22 2000
0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00
5/21/2015 9/12/2016 7/25/2017 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00
21 2050
0.00 0.00 32,915.87 0.00 0.00 0.00 0.00 32,915.87
0.00 0.00 32,915.87 0.00 0.00 0.00 0.00 32,915.87
157470
Claimant alleges she sustained
injuries due to falling off a ladder at
the Marco Island Museum.
Total by Major Coverage 6 Claims
2209101706451 Crawford, William
233313
The employee was told to report to
the plant During Hurricane Irma.
Flying debris cracked the front
windshield.
2105211505470 THORSELL, DEBOURAH
233313
During Hurricane Irma the
employee was told to report to the
NCWRF. While there, roof tiles
fell off the roof of a County building
and landed on an employees 2005
Ford F250 causing dents and
scratches as well as breaking the
windshield.
2206181706222 OSTER, JOSEPH
233351
There were roots in the County
owned service lateral that caused
the customers lateral to backup.
Reviewed by the County Attorney's
Office.
Customer is claiming that when
the Meter and Backflow device
was changed out on 5-20-17, her
hot water tank element dry fired
causing it to burn out on 5-23-17.
2108101706408 DUEUCKWORTH, ERIC
163620
Claimant allegedly stepped in a
hole created by a dislodged
manhole cover and suffered bodily
injury.
2209101706450 Lankton, Donnie
Major Coverage: 20 - General Liability
2205231706186 PLATT, MELYNDA
253215
4
0.00 0.00 3,316.19 0.00 0.00 0.00 0.00 3,316.19
6/2/2017 6/12/2017 7/25/2017 0.00 0.00 3,316.19 0.00 0.00 0.00 0.00 3,316.19
32 3000
0.00 0.00 3,316.19 0.00 0.00 0.00 0.00 3,316.19
0.00 0.00 3,316.19 0.00 0.00 0.00 0.00 3,316.19
122240
Claimant's vehicle was rear ended
by a County vehicle.
Total by Major Coverage 1 Claim
Major Coverage: 30 - Auto Liability
3206021706193 COLLINS, DONALD
5
0.00 0.00 961.60 0.00 0.00 0.00 0.00 961.60
8/7/2017 8/7/2017 9/20/2017 0.00 0.00 961.60 0.00 0.00 0.00 0.00 961.60
41 2000
0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00
6/1/2017 7/18/2017 9/25/2017 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00
42 2100
0.00 0.00 702.88 0.00 0.00 0.00 0.00 702.88
2/28/2017 3/1/2017 7/25/2017 0.00 0.00 702.88 0.00 0.00 0.00 0.00 702.88
41 2000
1,463.98 0.00 0.00 0.00 0.00 0.00 0.00 1,463.98
7/7/2017 7/7/2017 8/17/2017 1,463.98 0.00 0.00 0.00 0.00 0.00 0.00 1,463.98
42 5900
0.00 0.00 2,150.42 0.00 0.00 0.00 0.00 2,150.42
5/25/2017 5/25/2017 8/31/2017 0.00 0.00 2,150.42 0.00 0.00 0.00 0.00 2,150.42
42 5900
0.00 0.00 759.70 0.00 0.00 0.00 0.00 759.70
4/19/2017 5/4/2017 7/31/2017 0.00 0.00 759.70 0.00 0.00 0.00 0.00 759.70
42 5900
4204191706097 Facilities Management Division
122240
Dings and dents discovered on the
passenger side door.
122240
Employee was driving vehicle, he
opened the door after stop and
door popped. Could not get in
door after completing job.
4205251706150 Road Maintenance Division
163652
Employee parked their County
vehicle at 2885 South Horseshoe
Drive and noticed that the rear
driver's side was scratched and
slightly dented.
4102281705902 Water Division
253212
While pulling off the job site, the
side bin door was open and hit a
pine tree causing damage to the
door.
4207071706260 Facilities Management Division
144610
Upon pulling on the scene of an
accident at Central Avenue and
9th Street, the front tire fell into a
drainage area near the sidewalk.
This caused damage to the
passenger side front wheel and
tire. The truck was driven to
motorpool and inspected.
4206011706288 Landscape Operations Division
163647
A spray paint canister engaged in
the cargo area of the Ford
Explorer. It may have been due to
the heat.
Major Coverage: 40 - Auto Physical Damage
4108071706348 EMS
6
0.00 0.00 546.61 0.00 0.00 0.00 0.00 546.61
7/27/2017 7/28/2017 8/17/2017 0.00 0.00 546.61 0.00 0.00 0.00 0.00 546.61
41 2000
0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00
9/10/2017 9/19/2017 9/22/2017 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00
42 5400
0.00 0.00 11,361.11 0.00 0.00 0.00 0.00 11,361.11
3/9/2017 3/10/2017 7/31/2017 0.00 0.00 11,361.11 0.00 0.00 0.00 0.00 11,361.11
41 2450
0.00 0.00 726.80 0.00 0.00 0.00 0.00 726.80
3/21/2017 3/22/2017 7/31/2017 0.00 0.00 726.80 0.00 0.00 0.00 0.00 726.80
41 3000
0.00 0.00 1,577.52 0.00 0.00 0.00 0.00 1,577.52
5/16/2017 5/18/2017 7/31/2017 0.00 0.00 1,577.52 0.00 0.00 0.00 0.00 1,577.52
41 3000
0.00 0.00 791.89 0.00 0.00 0.00 0.00 791.89
7/13/2017 7/14/2017 8/28/2017 0.00 0.00 791.89 0.00 0.00 0.00 0.00 791.89
41 2450
4107131706284 Code Enforcement Division
138911
Employee advised that she was
turning right onto Airport Road
from Radio Road. After
completing the turn and travelling
north in the left lane, employee
claims her vehicle began to hydro-
plane into the curbed median.
182901
Employee was backing up Asset
#CC2-553 with the blower behind it
(Asset #CC2-1505). The blower
got jackknifed and damaged the
left rear of the truck. No damage
was done to the blower.
4105161706129 Water Distribution Division
253212
While leaving a job site on
Immokalee Road south of Oil Well
Road, employee backed into a
light post damaging the vehicle.
4103091705934 Wastewater Collections Division
233351
County vehicle was stopped
behind another vehicle on Fontana
Dels Sol waiting to turn east. The
vehicle began to proceed onto
Vanderbilt and stopped. The
county vehicle rear proceeded and
hit the other vehicle in the rear.
4103211705989 Pelican Bay Services Division
253212
While getting a sign out of the back
of the truck to ensure crew had
what they needed for to set up an
MOT a sign bumped the back
window of the truck and broke it.
4209101706495 Water Distribution Division
253212
Hurricane Irma caused damage to
hood and mirror.
4107271706317 Water Division
7
476.90 0.00 0.00 0.00 0.00 0.00 0.00 476.90
7/3/2017 7/13/2017 7/31/2017 476.90 0.00 0.00 0.00 0.00 0.00 0.00 476.90
42 5900
0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00
7/28/2017 8/11/2017 8/15/2017 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00
41 3000
1,940.88 0.00 19,578.53 0.00 0.00 0.00 0.00 21,519.41
1,940.88 0.00 19,578.53 0.00 0.00 0.00 0.00 21,519.41Total by Major Coverage 14 Claims
163630
The operator of vehicle CC2-1382
noticed a chip in the windshield
during the beginning shift walk
around inspection of the vehicle.
4107281706360 EMS
144610
Medic 40 Truck 11 backed into the
roof of the car port at 100
Glenview Place; the drivers rear
light bar was damaged.
4207031706280 Traffic Operations Division
8
25.19 0.00 0.00 0.00 0.00 0.00 0.00 25.19
5/11/2017 5/16/2017 7/31/2017 25.19 0.00 0.00 0.00 0.00 0.00 0.00 25.19
51
9,752.00 0.00 0.00 0.00 0.00 0.00 0.00 9,752.00
2/25/2017 2/28/2017 8/29/2017 9,752.00 0.00 0.00 0.00 0.00 0.00 0.00 9,752.00
53 5500
20.24 0.00 0.00 0.00 0.00 0.00 0.00 20.24
6/14/2017 6/15/2017 8/31/2017 20.24 0.00 0.00 0.00 0.00 0.00 0.00 20.24
56 5100
950.24 0.00 0.00 0.00 0.00 0.00 0.00 950.24
7/17/2017 7/17/2017 9/30/2017 950.24 0.00 0.00 0.00 0.00 0.00 0.00 950.24
51
0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00
3/30/2017 4/3/2017 8/7/2017 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00
53
10,747.67 0.00 0.00 0.00 0.00 0.00 0.00 10,747.67
10,747.67 0.00 0.00 0.00 0.00 0.00 0.00 10,747.67
5303301706017 Road Maintenance Division
163620
Blue phone stancion and camera
were rear ended by vehicle that
came into parking lot and is now at
a a 60 degree angle and camera is
non functional.
Total by Major Coverage 5 Claims
182901
Employee was operating mower
which fell into the Bridge
Way/Tierra Mar lake.
5107171706286 Pelican Bay Services Division
182901
Partial area of ceiling collapsed in
breakroom at 6200 Watergate
Way.
5302251705898 Parks and Recreation Division
156331
Upon opening this date, Tram
operator reported that protective
aluminum handrail/railing/swing
gates on drawbridge were GONE.
These gates, 4 each, protect
tramway pedestrians from falling
off bridge when it is both open or
closed.
5606141706205 Pelican Bay Services Division
Major Coverage: 50 - Property
5105111706125 Parks and Recreation Division
156310
Sink in the Vanderbilt Beach men's
restroom (old building),
handicapped stall, torn from wall
and found in pieces on the floor.
9
11,000.00 2,242.50 0.00 0.00 0.00 16,960.20 0.00 30,202.70
6/27/2015 10/30/2015 7/25/2017 11,000.00 2,242.50 0.00 0.00 0.00 16,960.20 0.00 30,202.70
67
11,000.00 2,242.50 0.00 0.00 0.00 16,960.20 0.00 30,202.70
11,000.00 2,242.50 0.00 0.00 0.00 16,960.20 0.00 30,202.70
40,916.47 3,091.67 55,810.59 0.00 0.00 16,960.20 0.00 116,778.93
40,916.47 3,091.67 55,810.59 0.00 0.00 16,960.20 0.00 116,778.93
10/10/2017
6:43:57 AM
6706271504562 JACKSON, DION
138911
Claimant alleges they were
stopped and detained without
probable cause by Collier County
Enforcement agents and was
given three civil citations. BCC
approved this settlement.
Total by Major Coverage 1 Claim
Grand Totals: 47 Claims
Major Coverage: 60 - Public Officials Errors and Ommissions
10
Collier County Government
Subrogation Closed Claim Report
4th QTR FY 2017
Valued as of:10/10/2017
Total Inc Ind/PD/CollExpense RecoveryMed/BI/Comp Deductible Legal Other
Claim Number Employee Name Incurred Total Incurred Total Incurred Total Incurred Total Incurred Total Incurred Total Incurred Total Incurred Total
Coverage Carrier
Cost Center
Cause
Date of Loss
Employer Acc Desc.
Date Report to RiskStatus Paid Total Paid Total Paid Total Paid Total Paid Total Paid Total Paid Total Paid Total
1,721.45 0.00 0.00 0.00 1,721.45 1,721.45 0.00 0.00CC v. CAMPBELL, STACEY4107051706289
8/28/20177/5/2017 7/18/2017 0.00 1,721.45 0.00 1,721.45 1,721.45 0.00 0.00 0.00105010
41 Stacey Campbell was backing
his vehicle in the Wal-Mart
parking lot when he struck
County vehicle #CC1-5308.
3000
14,635.82 0.00 0.00 0.00 6,411.20 14,635.82 0.00 0.00CC v. Petit-Dort, Michaelle
($7,161.20)
4101041705730
7/17/20171/4/2017 1/5/2017 0.00 14,635.82 0.00 6,411.20 14,635.82 0.00 0.00 0.00144610
41 Tk 20 was responding to a
cardiac arrest when a car
attempted to get out of the way
into the right lane but suddenly
stopped. They tried to avoid it by
getting into the left lane, but
struck the vehicle causing
damage to the front right of the
ambulance
2450
0.00 0.00 0.00 0.00 3,029.92 0.00 0.00 0.00CC v. A+ Environmental
Restoration
5301171705758
7/19/20171/17/2017 1/17/2017 0.00 0.00 0.00 3,029.92 0.00 0.00 0.00 0.00253212
53 Large truck owned by
Environmental Restoration
struck and damaged an air
release valve.
3000
0.00 0.00 0.00 0.00 108.38 0.00 0.00 0.00CC v. Wagner, Jean ($108.38)5303011705960
7/24/20173/1/2017 3/15/2017 0.00 0.00 0.00 108.38 0.00 0.00 0.00 0.00163630
53 Michael Wagner was at a stop
facing west in the median area
on Collier Blvd. He pulled
forward then stopped, causing
an oncoming to swerve to avoid
a collision, but struck him, then a
"No U-turn" sign.
3000
-1-
6:43:26AM
10/10/2017
Collier County Government
Subrogation Closed Claim Report
4th QTR FY 2017
Valued as of:10/10/2017
Total Inc Ind/PD/CollExpense RecoveryMed/BI/Comp Deductible Legal Other
Claim Number Employee Name Incurred Total Incurred Total Incurred Total Incurred Total Incurred Total Incurred Total Incurred Total Incurred Total
Coverage Carrier
Cost Center
Cause
Date of Loss
Employer Acc Desc.
Date Report to RiskStatus Paid Total Paid Total Paid Total Paid Total Paid Total Paid Total Paid Total Paid Total
0.00 0.00 0.00 0.00 473.93 0.00 0.00 0.00CC v. Bonesteel, Ethel5303081706009
8/4/20173/8/2017 3/30/2017 0.00 0.00 0.00 473.93 0.00 0.00 0.00 0.00163630
50 A pedestrian signal was struck at
Rattlesnake-Hammock Road
and County Barn Road due to a
traffic accident at that location.
Note: Full police report not
available, only a CAD Report, so
we are unable to determine the
at-fault party.
3000
0.00 0.00 0.00 0.00 158.93 0.00 0.00 0.00CC v. James, Gerren5311271606023
8/15/201711/27/2016 4/4/2017 0.00 0.00 0.00 158.93 0.00 0.00 0.00 0.00163630
53 Gerren James was traveling east
on Immokalee Road when he
struck another vehicle while
attempting to pass it, causing
the driver to lose control of his
vehicle and strike a road sign.
3000
0.00 0.00 0.00 0.00 176.30 0.00 0.00 0.00CC v. Louisma, Wadson
($234.60)
5306291605314
8/1/20176/29/2016 7/22/2016 0.00 0.00 0.00 176.30 0.00 0.00 0.00 0.00163630
53 Jean Louisma was making a left
turn from Collier Blvd. to travel
north on Immokalee Road and
failed to maintain control of the
vehicle on the wet roadway,
striking another vehicle and a
"Do not Enter" sign.
3000
0.00 0.00 0.00 0.00 1,326.49 0.00 0.00 0.00CC v. Hilgartner, Dorothy5408301606350
8/29/20178/30/2016 8/8/2017 0.00 0.00 0.00 1,326.49 0.00 0.00 0.00 0.00163646
54 Dorothy Hilgartner was merging
onto Rattlesnake-Hammock
Road when she pulled out in
front of another vehicle in heavy
rain. Her vehicle was struck by
the oncoming vehicle and she
went across the median, into the
bushes and struck a palm tree.
3000
-2-
6:43:26AM
10/10/2017
Collier County Government
Subrogation Closed Claim Report
4th QTR FY 2017
Valued as of:10/10/2017
Total Inc Ind/PD/CollExpense RecoveryMed/BI/Comp Deductible Legal Other
Claim Number Employee Name Incurred Total Incurred Total Incurred Total Incurred Total Incurred Total Incurred Total Incurred Total Incurred Total
Coverage Carrier
Cost Center
Cause
Date of Loss
Employer Acc Desc.
Date Report to RiskStatus Paid Total Paid Total Paid Total Paid Total Paid Total Paid Total Paid Total Paid Total
0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00CC v. Waste Management5302111705848
7/27/20172/11/2017 2/11/2017 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00173435
53 A Waste Management vehicle
struck the guardrail at the south
end of SCALE 2 and broke one
of the verticle bars
0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00CC v. North Collier Fire
Department
4112121605672
9/25/201712/12/2016 12/12/2016 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00144610
41 Truck #37 was leaving the World
Tennis Center and was at the
light waiting to turn left onto
Airport Road. Fire Truck 47 was
behind our truck and decided to
go into the right lane. When
they switched lanes, the fire
truck hit the back of Truck #37.
2450
0.00 0.00 0.00 0.00 2,930.00 0.00 0.00 0.00CC v. Mitroff, Andrew5306191706219
9/20/20176/19/2017 6/20/2017 0.00 0.00 0.00 2,930.00 0.00 0.00 0.00 0.00156363
53 Andrew Mitroff was traveling
west on Vanderbilt Road and
crossed through the intersection
of Gulfshore Drive without
stopping for the stop sign and
struck the Vanderbilt Beach
baordwalk; broke right handrail,
hit conduit and brick pavers.
3000
0.00 0.00 0.00 0.00 105.11 0.00 0.00 0.00CC v. Chavarria, Guadalupe5304081706239
8/22/20174/8/2017 6/30/2017 0.00 0.00 0.00 105.11 0.00 0.00 0.00 0.00163630
53 Yesenia Reyes was traveling
east on Sunset Road and failed
to stop for the stop sign at the
intersection of 44th Terrace SW,
striking another vehicle then a
pedestrian crosswalk sign.
3000
-3-
6:43:26AM
10/10/2017
Collier County Government
Subrogation Closed Claim Report
4th QTR FY 2017
Valued as of:10/10/2017
Total Inc Ind/PD/CollExpense RecoveryMed/BI/Comp Deductible Legal Other
Claim Number Employee Name Incurred Total Incurred Total Incurred Total Incurred Total Incurred Total Incurred Total Incurred Total Incurred Total
Coverage Carrier
Cost Center
Cause
Date of Loss
Employer Acc Desc.
Date Report to RiskStatus Paid Total Paid Total Paid Total Paid Total Paid Total Paid Total Paid Total Paid Total
0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00CC v. Protective Barriers LLC5409071606061
8/24/20179/7/2016 4/21/2017 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00163801
50 William Ferrell did not stop his
vehicle in time for the vehicle
who stopped in traffic in front of
him causing a collision and
striking a tree.
3000
0.00 0.00 0.00 0.00 77.45 0.00 0.00 0.00CC v. Heslin, Timothy5305111706255
8/1/20175/11/2017 7/7/2017 0.00 0.00 0.00 77.45 0.00 0.00 0.00 0.00163630
53 Molly Heslin pulled into the path
of another vehicle causing a
collision and damaging a road
sign.
3000
315.00 0.00 0.00 0.00 362.25 0.00 0.00 315.00CC v. Waste Management5304291706092
8/15/20174/29/2017 5/1/2017 315.00 0.00 0.00 362.25 315.00 0.00 0.00 0.00156381
53 On Saturday April 29th a Waste
Management truck picking up
the dumpster, backed up and
when pulling forward, they
hooked up the fence doing some
damage to it. I was called by my
crew leader Hector Cervantes
also by Waste Management
there is a clain
3000
997.19 0.00 0.00 0.00 997.19 997.19 0.00 0.00CC v. OROZCO, MARIA4105021706093
7/31/20175/2/2017 5/2/2017 0.00 997.19 0.00 997.19 997.19 0.00 0.00 0.00253212
41 Jean Pierre Louis had his F-150
in a parking spot in a bank
parking lot. The person parked
next to him turned too sharp
while pulling out of their spot and
struck the right rear of the truck.
Jean was not in the vehicle at
the time.
3000
-4-
6:43:26AM
10/10/2017
Collier County Government
Subrogation Closed Claim Report
4th QTR FY 2017
Valued as of:10/10/2017
Total Inc Ind/PD/CollExpense RecoveryMed/BI/Comp Deductible Legal Other
Claim Number Employee Name Incurred Total Incurred Total Incurred Total Incurred Total Incurred Total Incurred Total Incurred Total Incurred Total
Coverage Carrier
Cost Center
Cause
Date of Loss
Employer Acc Desc.
Date Report to RiskStatus Paid Total Paid Total Paid Total Paid Total Paid Total Paid Total Paid Total Paid Total
0.00 0.00 0.00 0.00 145.60 0.00 0.00 0.00CC v. Clairfeus, Severe
($145.60)
5905221403304
9/25/20175/22/2014 6/4/2014 0.00 0.00 0.00 145.60 0.00 0.00 0.00 0.00163620
59 Mr. Severe Clairfeus caused a
roll-over traffic accident and the
Sheriff's office requested County
employees to deliver oil dry to
the scene.
2450
0.00 0.00 0.00 0.00 6,732.81 0.00 0.00 0.00CC v. Betancourt Delgado, Ivette5303271706029
9/21/20173/27/2017 4/6/2017 0.00 0.00 0.00 6,732.81 0.00 0.00 0.00 0.00163630
53 Ivette Betancourt Delgado was
traveling north on County Barn
Road when she traveled to the
right and over the sidewalk
striking a guardrail, a tree, and a
light pole.
3000
0.00 0.00 0.00 0.00 7,169.31 0.00 0.00 0.00CC v. Wiepz, Stephen5303121705974
7/7/20173/12/2017 3/20/2017 0.00 0.00 0.00 7,169.31 0.00 0.00 0.00 0.00163630
53 Stephen Wiepz was traveling
east on US41 when he failed to
yield the right-of-way to a vehicle
while making a left turn, striking
that vehicle. The impact caused
the other vehicle to strike a
pedestrian pole and a street
light.
3000
1,188.48 0.00 0.00 0.00 1,188.48 1,188.48 0.00 0.00CC v. Cho, Jonathan4104041706022
7/31/20174/4/2017 4/4/2017 0.00 1,188.48 0.00 1,188.48 1,188.48 0.00 0.00 0.00210125
41 Employee was driving south on
Collier Blvd. in the right hand
lane when another vehicle driven
by Jonathan Cho struck the rear
right bumper of the County
vehicle.
2450
-5-
6:43:26AM
10/10/2017
Collier County Government
Subrogation Closed Claim Report
4th QTR FY 2017
Valued as of:10/10/2017
Total Inc Ind/PD/CollExpense RecoveryMed/BI/Comp Deductible Legal Other
Claim Number Employee Name Incurred Total Incurred Total Incurred Total Incurred Total Incurred Total Incurred Total Incurred Total Incurred Total
Coverage Carrier
Cost Center
Cause
Date of Loss
Employer Acc Desc.
Date Report to RiskStatus Paid Total Paid Total Paid Total Paid Total Paid Total Paid Total Paid Total Paid Total
0.00 0.00 0.00 0.00 821.67 0.00 0.00 0.00CC v. Bumper to Bumper Towing4103281706001
8/1/20173/28/2017 3/28/2017 0.00 0.00 0.00 821.67 0.00 0.00 0.00 0.00253211
41 Asset #CC2-785 was in transport
by Naples Towing DBA Bumper
to Bumper Towing. The exhaust
stack contacted the overhead
utility lines @ 2901 County Barn
Road facility entrance. Damage
to exhaust stack & brackets, and
roof strobe beacon & bracket.
3000
656.25 0.00 0.00 0.00 656.25 656.25 0.00 0.00CC v. Ryder Truck Rental, Inc.
($656.25)
4208191605409
9/22/20178/19/2016 8/19/2016 0.00 656.25 0.00 656.25 656.25 0.00 0.00 0.00163647
42 Windshield on County vehicle
was cracked as the mulch
delivery truck was unstrapping
the load and the strap struck the
County vehicle.
2000
0.00 0.00 0.00 0.00 3,708.00 0.00 0.00 0.00CC v. One Stop Landscaping
LLC ($3,708.31)
5308301605480
9/6/20178/30/2016 9/14/2016 0.00 0.00 0.00 3,708.00 0.00 0.00 0.00 0.00163630
53 Sonia Valdes was traveling east
on Immokalee Road pulling a
trailer. As she approached a
yellow light, another vehicle
allegedly changed lanes &
stopped in front of her causing
her to slam on her brakes. She
lost control of the vehicle &
struck a
3000
0.00 0.00 0.00 0.00 5,178.45 0.00 0.00 0.00CC v. Deppen, Deanna5305171706164
9/21/20175/17/2017 6/1/2017 0.00 0.00 0.00 5,178.45 0.00 0.00 0.00 0.00163630
53 Deanna Deppen was parked at
Sandy's Cuban Cafe. She
backed the vehicle and struck
the brick flower bed in front of
the establishment then
accidentally hit the gas instead
of the brake striking a light pole.
3000
-6-
6:43:26AM
10/10/2017
Collier County Government
Subrogation Closed Claim Report
4th QTR FY 2017
Valued as of:10/10/2017
Total Inc Ind/PD/CollExpense RecoveryMed/BI/Comp Deductible Legal Other
Claim Number Employee Name Incurred Total Incurred Total Incurred Total Incurred Total Incurred Total Incurred Total Incurred Total Incurred Total
Coverage Carrier
Cost Center
Cause
Date of Loss
Employer Acc Desc.
Date Report to RiskStatus Paid Total Paid Total Paid Total Paid Total Paid Total Paid Total Paid Total Paid Total
0.00 0.00 0.00 0.00 4,662.90 0.00 0.00 0.00CC v. Alpire, Hugo ($4,988.22)5305141706162
9/26/20175/14/2017 5/31/2017 0.00 0.00 0.00 4,662.90 0.00 0.00 0.00 0.00163630
53 Alexandra Alpire was traveling
north on Naples Blvd. when she
was involved in a verbal
argument inside the vehicle and
drove up onto to curb and struck
a light pole.
3000
0.00 0.00 0.00 0.00 125.30 0.00 0.00 0.00CC v. Chiaia, Louis5305011706369
8/29/20175/1/2017 8/14/2017 0.00 0.00 0.00 125.30 0.00 0.00 0.00 0.00163630
53 Louis Chiaia was traveling west
on 104th Avenue North when he
ran the stop sign at 8th Street,
collided with an oncoming
vehicle then a stop sign.
315.00
315.00
0.00
0.00
19,199.19
19,199.19
48,267.37
48,267.37 0.00
0.00 0.00
0.00
0.00
0.00
19,514.19
19,514.19Grand Totals: 26 Claims
-7-
6:43:26AM
10/10/2017
STATE OF FLORIDA)
COUNTY OF COLLIER)
I, DWIGHT E. BROCK, Clerk of Courts in and for the
Twentieth Judicial Circuit, Collier County, Florida, do
hereby certify that the foregoing is a true and correct
copy of:
Resolution 2004-15
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 20th
day of January, 2004.
DWIGHT E. BROCK ,
Clerk of Courts a4?,;1 `
J
Ex -officio to.,-jBbar.
County Commis;q `s s
By: Linda Houtzeii
Deputy Clerk`
DATE RECEIVED
JAN 2 0 2004
RISK MANAGEMENT
RESOLUTION NO. 04- 15
RESOLUTION GRANTING LIMITED AUTHORITY TO THE RISK MANAGEMENT
DIRECTOR TO SETTLE CERTAIN DAMAGES CLAIMS AGAINST COLLIER
COUNTY AND TO AUTHORIZE THE PAYMENT OF INVESTIGATION AND
ADJUSTMENT EXPENSES AS PRESENTED TO THE COUNTY'S RISK
MANAGEMENT PROGRAM.
WHEREAS, Collier County Government, through the Risk Management
Department, operates a risk management program as permitted pursuant to Florida
Statutes 768.28 for the purpose of financing, preventing and controlling various types
of losses and the claims resulting from same; and
WHEREAS, the management of these losses and resultant claims may involve
the coordination of Workers' Compensation, Property, Liability, Automobile, Aviation
and other lines of insurance and/or self-insurance programs; and
WHEREAS, the Board of Commissioners approves annually in public session the
retention of various portions of these losses in the form of self-insured retentions, large
deductibles or maintenance deductibles, by whatever name called, all of which involve
the expenditure of public funds; and
WHEREAS, the Board has approved the creation of various Self-insurance Funds
as part of its budgeting process; and
WHEREAS, the Risk Management Director is responsible for the day-to-day
management of these Funds; and
WHEREAS, it is the Board's intention to delegate to the Risk Management
Director the authority to settle claims matters in order to promote the efficient use of
resources; to promote the efficient administration of the program; and to allow for a
timely response to claimants and/or their representatives; and
WHEREAS, the Board finds that the limited delegation of settlement authority to
the Risk Management Director serves a valid public purpose;
NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA that:
The Risk Management Director, or his designee, shall have the authority to
investigate and settle claims made against the County and presented to the Risk
Management Program as follows:
Definitions:
Action (Cause of Action) - An Action shall mean a written complaint filed in a court
of law of Florida, any other state, or the United States.
Adjuster - An individual representing the County, an insurance carrier and/or the
insured and acting on their behalf to determine the applicability of coverage; the
amount of a loss; and the liability of the County.
Claim- A demand for benefits as a result of damages made by a Claimant and/or
their representative and as may be provided by a policy of insurance or self-
insurance program. A Claim may include a written notice of demand and intent
to sue as defined by Florida Statutes 768.28 and as required precedent to the
filing of any Action.
Damages- The amount required to pay for a loss.
Deposition- A sworn statement of a witness or other party in a judicial proceeding.
Excess (Insurance) Carrier (Policy)- An insurance carrier, either on an admitted
or non -admitted basis, who underwrites coverage on the basis of an excess of a
self-insured retention.
Employer's Liability- Coverage against common law liability of an employer for
accidents to employees, as distinguished from liability imposed by a Workers'
Compensation law.
First Party- The Collier County Board of Commissioners, its Divisions,
Departments, employees, Boards, Authorities and all other parties who derive
their authority to operate from the Board of Commissioners. First Party shall
also include participating Constitutional Agencies and their operations.
Loss Adjustment Expenses - Expenses incurred to investigate and settle losses.
Mediation- An informal means of trying to promote settlement of a dispute. It
involves a third -party mediator who meets the parties to the dispute and tries to
get them to agree on a settlement.
Plaintiff - The term "Plaintiff" as used herein may refer to a party who has asserted
a Claim, also sometimes referred to as a "Claimant".
Policy - The written contract effecting insurance, or the certificate thereof, by
whatever name called, and including all clause, riders, endorsements, and
papers attached thereto and made a part thereof.
Property Loss- Loss to the insured's property by reason of a covered peril.
Purchasing Policy- The Collier County Purchasing Policy as approved by the
Board of Commissioners.
Risk Management (Program) — The management of the pure risks to which a
company might be subject. It involves analyzing all exposures to the possibility
of loss and determining how to handle these exposures through such practices
as avoiding the risk, retaining the risk, reducing the risk, or transferring the risk,
usually by insurance.
Self-insured Retention- That portion of damages and loss adjustment expenses
related to an occurrence which are paid by the insured under an excess
insurance policy.
Settle/Settlement- Agreement to dispose of a Claim between an alleged injured
party and an alleged party at fault, typically to include the payment of
consideration, and including the execution of any associated settlement
agreements.
Subrogation - The right to recover from a third party the amount paid under an
insurance policy or retained loss.
Errors and Omissions- Coverage for liability resulting from errors or omissions in
the performance of professional duties and includes the acts of public officials.
Workers' Compensation (Act)- Chapter 440 of the Florida Statutes which
establishes the Florida Workers' Compensation Act and includes a system of
wage replacement benefits for and medical treatment of compensable work-
related injuries and occupational diseases, as well as the Administrative
Procedures governing the administration of the Act.
Claims Against Collier County
1) Bodily Injury Liability Claims- The Risk Management Director shall have the
authority to settle Claims that do not exceed $50,000 inclusive of Plaintiff's
attorney's fees, damages and expenses but exclusive of Loss Adjustment
Expenses. Claims wherein a Cause of Action has been filed shall require
settlement approval by the Board of Commissioners.
2) Property Damage Liability Claims- The Risk Management Director shall have
the authority to settle Claims that do not exceed $75,000 inclusive of Plaintiff's
attorney's fees, damages and expenses but exclusive of Loss Adjustment
Expenses. Claims wherein a Cause of Action has been filed shall require
settlement approval by the Board of Commissioners.
2
3) Errors and Omissions, Professional, Public Officials Claims- The Risk
Management Director shall have the authority to settle Claims that do not exceed
$50,000 inclusive of attorney's fees, damages and expenses but exclusive of
Loss Adjustment Expenses. Claims wherein a Cause of Action has been filed
shall require settlement approval by the Board of Commissioners.
All settlements shall be subject to the Loss Verification and Expense Procedures
contained herein.
Property Losses Including Automobile Physical Damage (First Party)
The Risk Management Director shall have the authority to authorize the 'payment
of property Claims to County owned property pursuant to the terms of coverage
and subject to the Loss Verification and Expense Provisions contained herein.
Workers' Compensation Claims
1) Workers' Compensation (exclusive of Employer's Liability)- Due to the
administrative nature of Workers' Compensation Claims, the Risk
Management Director shall have the authority to settle Claims issues,
including petition for benefits issues, medical, indemnity, and impairment
benefit issues including medical and indemnity washouts pursuant to Florida
Statutes Chapter 440, subject to the final approval of the Judge of
Compensation Claims, if applicable.
2) Employer's Liability- The Risk Management Director shall have the authority to
settle Claims that do not exceed $50,000 inclusive of plaintiff's attorney's fees,
damages and expenses but exclusive of Loss Adjustment Expenses. Claims
wherein a formal Cause of Action has been filed shall require settlement
approval by the Board of Commissioners.
Subrogation
1) Bodily Injury and Property Damage Claims- The Risk Management Director
shall have the authority to pursue rights of subrogation on the County's behalf
for damages incurred by the County and may enter into agreement to settle
such Claims unless a Cause of Action is required to enforce the County's
subrogation rights. If a Cause of Action is required, approval by the Board of
Commissioners shall be required to bring such Action and the Board of
Commissioners must approve settlement.
2) Workers' Compensation Claims- The Risk Management Director shall have
the authority to pursue liens and/or rights of subrogation on the County's
behalf for expenses incurred by the County which are caused by a third party.
The Risk Management Director may approve an agreement to settle such
liens or Claims unless a Cause of Action is required to enforce a matter. If a
Cause of Action is required, approval by the Board of Commissioners shall be
required to bring such Action and the Board of Commissioners must approve
settlement.
Loss Adjustment Expenses
The Risk Management Director shall have the authority to authorize the payment
of Loss Adjustment Expenses necessary to investigate and settle Claims brought
against the County. Such expenses shall include but not be limited to the cost to
retain experts, pay records expenses, pay filing fees and costs, pay the costs of
depositions, procure private investigation services, perform records reviews and
searches, procure bill review services, procure appraisals, and procure other
expenses necessary to investigate, authenticate, or evaluate a Claim made
against the County. The Board of Commissioners waives the Collier County
Purchasing Policy as to these expenditures but such shall be subject to the Loss
Verification and Expense Provisions contained herein. Loss Adjustment
Expenses shall not include the hiring or retaining of outside counsel to represent
the Board or individual employees named in a Cause of Action. The hiring of
outside counsel shall be subject to the approval of the Office of the County
Attorney and the Board of Commissioners.
Loss Verification and Expense Provisions
The Risk Management Director shall document each Claim file with the following
documents and records to support the settlement of Claims and/or the finding of
negligence on the part of the Board of Commissioners to support the settlement
of claims as permitted pursuant to this Resolution.
1) The completion of a Claim Form.
2) The completion of an investigation form including witness statements,
collection of evidence, pictures, diagrams, etc.
3) The collection of necessary documentation to approximate the value of the
loss.
4) A written recommendation by the Risk Management staff member or the
contracted Adjuster performing the investigation as to the issue of liability,
Claim valuation, economy and efficiency, and or other reasons for the
recommendation to settle within recommended amounts.
5) A written recommendation by legal counsel, in the case of proposed
liability claims settlements in excess of $25,000.00, outlining the
parameters for settlement.
6) A Closed File report will be presented to the Board on a quarterly basis as
a Consent Agenda item to apprise the Board of settlements approved
during the preceding quarter.
The approval of Loss Adjustment Expenses shall be subject to the following
provisions:
1) The Risk Management Director may approve the purchase of specialty
services procured from vendors utilized by the Adjusting Company for their
clients and when performed on the County's behalf to evaluate a Claim.
The Adjusting Company shall disclose the estimated cost to provide the
service prior to approval. The Risk Management Director may evaluate the
cost/benefit of using same when evaluating the decision to settle a Claim.
2) If a service, document or thing is available from a single source, the
payment of fees shall be permitted if such service, document or thing is
necessary to authenticate the Claim. The Risk Management Director may
evaluate the cost/benefit of this expenditure when evaluating the decision
to settle a Claim.
3) The Risk Management Director may approve Loss Adjustment Expenses
when the expertise or availability in a given area of expertise or service is
determined by the Adjuster and the Risk Management Director to be
narrow or limited or the availability of such service is limited due to
geography and such expense is determined to be necessary to
authenticate and evaluate the Claim. The Risk Management Director may
evaluate the cost/benefit of this expenditure when evaluating the decision
to settle a Claim.
4
4) If the County has exceeded its Self-insured Retention or has exceeded the
notification requirements for an Excess Carrier as to the Self-insured
Retention for a given Claim, the Risk Management Director, through the
Adjusting Company shall coordinate the approval of expenditures with the
Excess Carrier so as not to jeopardize the repayment of Reinsurance
Funds.
5) The purchase of outside legal counsel services shall require the approval
of the Office of the County Attorney and the Board of Commissioners.
Settlement Documents
The Risk Management Director, through the County's adjusting company and the
Office of the County Attorney, shall prepare settlement and release documents for use
in the settlement of non -litigated matters. Such documents shall be executed by the
Risk Management Director upon settlement of the Claim in question, pursuant to the
provisions of this Resolution. A copy of the standard form settlement document in
blank is attached as Exhibit 1 and is approved as part of this Resolution.
Delegation of Authority
The Risk Management Director may, at his/her discretion, delegate this authority in
part or in full on a temporary basis to a member of his/her staff or on a temporary,
limited basis to the County's contracted adjusting company in the event of availability,
schedule conflict, or other conflict. Such delegation may include attendance at
mediation, arbitration, and/or trial. However, all settlement and release documents
must be executed by the Risk Management Director.
This Resolution adopted after motion, second and majority vote, favoring same.
DATE: H 3 - 2004 BOARD OF COUNTY COMMISSIONERS
y _
COLLIER COUNTY, FLORIDA
ATT. •, �,,:.;,
Q`it 8acK;= By:
,T
',R CHAIRMAN
.i • . 1i 1 � 4 4l't.
J D E EA k=-�=
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
By: t / 42�
Michael W. Pettit
Chief Assistant County Attorney
5