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Agenda 05/28/2013 Item #16K1 5/28/2013 16.K 1 . EXECUTIVE SUMMARY Recommendation to authorize the County Attorney to file a lawsuit on behalf of the Collier County Board of County Commissioners against N Campos Construction Corp and Edel Campo Morejon in the Circuit Court of the Twentieth Judicial Circuit in and for Collier County, Florida, to recover damages incurred by the County for the repair of a section of guardrail in the amount of$11,862.18, plus costs of litigation. OBJECTIVE: For the Board of County Commissioners to authorize the County Attorney to file a lawsuit on behalf of the Collier County Board of County Commissioners, against N Campos Construction Corp and Edel Campo Morejon, to recover damages incurred by the County for the repair of a section of guardrail incurred by the County in the amount of$11,862.18, plus costs of litigation. CONSIDERATIONS: On January 18, 2012, a dump truck driven by Edel Campo Morejon, and owned by and registered to N Campos Construction Corp, struck and damaged a section of guardrail maintained by Collier County. The damages incurred by Collier County as a result of this incident total $11,862.18. The County's Risk Management Department has made a claim to N Campos Construction Corp's insurance company; however the accident occurred outside the policy period and the County's claim was denied. N Campos Construction Corp refuses to reimburse the County for this damage. The County has no other recourse for recovery of the damages other than to proceed with litigation. FISCAL IMPACT: Funds are budgeted and available in the Risk Management Property & Casualty Fund. Filing fees, service and process fees total approximately $500.00. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this item. LEGAL CONSIDERATIONS: The County Attorney has reviewed and approved this item. This item is legally sufficient for Board action and requires a majority vote for approval. -KLN RECOMMENDATION: That the Board of County Commissioners authorize the County Attorney to file a lawsuit on behalf of the Collier County Board of County Commissioners, against N Campos Construction Corp and Edel Campo Morejon, in the Circuit Court of the Twentieth Judicial Circuit in and for Collier County, Florida, to recover damages incurred by the County for the repair of a section of guardrail in the amount of $11,862.18, plus costs of litigation. PREPARED BY: Kevin L. Noell, Assistant County Attorney 13-RMG-00338/19 Packet Page-2520- 5/28/2013 16.K.1 . COLLIER COUNTY Board of County Commissioners Item Number: 16.16.K.16.K.1. Item Summary: Recommendation to authorize the County Attorney to file a lawsuit on behalf of the Collier County Board of County Commissioners against N Campos Construction Corp and Edel Campo Morejon in the Circuit Court of the Twentieth Judicial Circuit in and for Collier County, Florida,to recover damages incurred by the County for the repair of a section of guardrail in the amount of$11,862.18, plus costs of litigation. Meeting Date: 5/28/2013 Prepared By Name: CrotteauKathynell Title: Legal Secretary,County Attorney 5/8/2013 10:26:59 AM Approved By Name: WalkerJeff Title: Director-Risk Management,Risk Management Date: 5/8/2013 11:21:28 AM Name:NoellKevin Title: Attorney of Record(CAO) Date: 5/8/2013 3:55:18 PM Name: KlatzkowJeff Title: County Attorney Date: 5/8/2013 4:13:13 PM Name: FinnEd Title: Senior Budget Analyst, OMB Date: 5/17/2013 9:40:50 AM Name: IsacksonMark Title: Director-Corp Financial and Mgmt Svs,CMO Date: 5/20/2013 11:48:42 AM Packet Page -2521-