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Agenda 02/26/2013 Item #16E32/26/2013 16.E.3. EXECUTIVE SUMMARY Recommendation to approve settlement of the negligence claim of Liz Pfunder in the amount of $19,000 (Claim #22- 02151201177). OBJECTIVE: To seek Board approval to settle and pay the negligence claim of Liz Pfunder, in the amount of $19,000 (Claim #22- 02151201177). CONSIDERATIONS: On January 22, 2013, the Board heard Item 11J which was a request from claimant Liz Pfunder for reimbursement of repair bills related to a sewer backup claim in her home that occurred on February 14, 2012. The Board directed staff to negotiate a settlement with the claimant. The negotiation was completed by the County's adjusting firm, Johns Eastern on the Board's behalf. The County Attorney's office has reviewed the settlement as well. The claimant's net damages have been documented to be $38,093.52. The claimant has agreed to accept $19,000 as full and final settlement of the claim. This is just under half the net damages claimed. There is no admission of liability on the part of the County. Each party agrees to pay their own costs. FISCAL IMPACT: Funds are budgeted in Fund 516, Property and Casualty Self Insurance Fund, for this purpose. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this item. LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney's Office, requires majority vote, and is legally sufficient for Board action. — CMG RECOMMENDATION: It is recommended that the Board approves the payment of claim of Liz Pfunder, in the amount of $19,000 (Claim #22- 02151201177). PREPARED BY: Jeffrey A. Walker, CPCU, ARM, Director, Risk Management Department Packet Page -2014- 2/26/2013 16.E.3. COLLIER COUNTY Board of County Commissioners Item Number: 16.16.E.16.E.3. Item Summary: Recommendation to approve settlement of the negligence claim of Liz Pfunder in the amount of $19,000 (Claim #22- 02151201177). Meeting Date: 2/26/2013 Prepared By Name: WalkerJeff Title: Director - Risk Management,Risk Management 1/31/2013 10:06:59 AM Approved By Name: pochopinpat Title: Administrative Assistant,Facilities Management Date: 2/5/2013 10:28:53 AM Name: GreeneColleen Title: Assistant County Attorney,County Attorney Date: 2/6/2013 10:11:51 AM Name: PriceLen Title: Administrator, Administrative Services Date: 2/13/2013 5:19:21 PM Name: PryorCheryl Title: Management/ Budget Analyst, Senior,Office of Manag Date: 2/14/2013 4:02:17 PM Name: KlatzkowJeff Title: County Attorney Date: 2/14/2013 4:49:05 PM Name: OchsLeo Title: County Manager Date: 2/15/2013 11:33:30 AM Packet Page -2015- 2/26/2013 16.E.3. PROPERTY DAMAGE RELEASE Risk Claim Number: 22- 02151201177 IN CONSIDERATION OF payment from COLLIER COUNTY the sum of Nineteen Thousand Dollars and 00 /100 ($19,000.00), to Claimant, LIZ PFUNDER, and other good and valuable consideration, LIZ PFUNDER does release and discharge, and by these presents does for herself, her heirs, executors, successors in interest, administrators and assigns, release, acquit and forever discharge COLLIER COUNTY, of and from any and all actions, causes of action, claims or demands for property damage and personal injury, including, but not limited to, repair costs, loss of use, diminution in value, consequential damage, costs, expenses, and any other thing whatsoever on account of, or in any way growing out of, damage to Claimant's property as a result of an accident that happened on or about the 14th day of February, 2012. Claimant agrees within fourteen days of the commencement of this agreement to purchase and maintain coverage for the peril of backup of sewers and drains under her homeowner's insurance policy for as long as she occupies or owns the home. Should the claimant fail to purchase and maintain this coverage and a loss occur, claimant shall hold harmless the County and forfeit the right to file a claim for damages against the County. This provision shall not apply in the event that the cause of the loss is directly attributable to the a malfunction of the sewer system servicing her home by the County, and whereby the cause can be directly attributed to the negligence of the County, confirmed through direct observation of the cause by the Public Utilities staff. Claimant understands that this settlement release is the compromise of a disputed claim, and that the payment is not to be construed as an admission of liability on the part of the persons hereby released by whom liability is expressly denied. Claimant further state(s), that she has carefully read the foregoing release and knows the contents thereof, and sign the same by own free act, and that this release contains the entire agreement between the parties. [Signature Page to Follow] Page 1 of 2 Packet Page -2016- 2/26/2013 16.E.3. IN WITNESS WHEREOF, Claimant, and the County have signed and sealed this Property Damage Release which is entered into and made on this day of February, 2013, as set forth below. Claimant: Liz Pfunder STATE OF COUNTY OF THIS PROPERTY DAMAGE RELEASE BETWEEN CLAIMANT AND COLLIER COUNTY, FLORIDA WAS SWORN TO and subscribed by LIZ PFUNDER, before me on this day of , 2013. Signature of Notary Public Commissioned Name of Notary Public (Please print, type or stamp) My Commission expires: ATTEST: DWIGHT E. BROCK, CLERK , Deputy Clerk AnDroved as to form and legal sufficiency: 4o2lle—en—M. Greene Assistant County Attorney 13 -RMG- 00318/11 Personally Known or Produced Identification Type of Identification Produced BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, LIN Georgia A. Hiller, Esq. Chairwoman Page 2 of 2 Packet Page -2017-