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Agenda 03/23/2010 Item #16K 1 Agenda Item No. 16K1 March 23. 2010 Page 1 of 3 EXECUTIVE SUMMARY Recommendation to approve and accept IIlI payment in full the settlement and settlement check received from the Farm Bureau Insurance of North Carolina on behalf of Leonardo Rodriguez and Marla Rodriguez in the amount of $7,533.69 and authorize the County Manager or his designee to execute the required release. OBJECTIVE: To approve and accept the settlement and settlement check received from the Fann Bureau Insurance of North Carolina on behalf of Leonardo Rodriguez and Maria Rodriguez in the amount of $7,533.69 and authorize the County Manager or his designee to execute the required release. CONSIDERATIONS: On January 7, 2008, Leonardo Rodriguez was operating a vehicle owned by his mother, Maria Rodriguez, with her knowledge and consent. Mr. Rodriguez negligently collided with a Collier County EMS vehicle causing damages in the amount of $7,533.69 to the EMS vehicle. The EMS vehicle was operating with its siren and lights and had the right-of-way. Collier County filed a lawsuit against Leonardo Rodriguez and Maria Rodriguez on October 12, 2009, as authorized by the Board on September 15,2009 (Agenda Item 16Kll), Collier County Case No. 09-3336-CC. Pursuant to Resolution No. 04-15, BCC approval is required prior to settlement of a pending lawsuit. Accepting this settlement will finally conclude this case. The County will file a voluntary notice of dismissal. FISCAL IMPACT: The settlement to be received by Collier County amounts to $7,533.69, which will be revenue deposited into the Risk Management Department Property and Causality Claims Fund 516 Cost Center 121650-369130 GROWTH MANAGEMENT IMP ACT: There is no growth management impact associated with this item. LEGAL CONSIDERATIONS: This settlement offer has been reviewed and approved by the County Attorney's Office and is legally sufficient for Board action. - CMG RECOMMENDATION: That the Board of County Commissioners' approve and accept the settlement and settlement check forwarded on behalf of Leonardo Rodriguez and Maria Rodriguez, in the amount of $7,533.69, and authorize the County Manager or his designee to execute the Release of the Rodriguez's tendered by the Fann Bureau Insurance of North Carolina. PREPARED BY: Colleen M. Greene, Assistant C_ty Attorney Item Number: Item Summary: Meeting Date: Agenda Item No. 16K1 March 23, 2010 Page 2 of 3 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16K1 Recommendation to approve and accept as payment in full the settlement and settlement check received from the Farm Bureau Insurance of North Carolina on behalf of Leonardo Rodriguez and Marla Rodriguez in the amount of $7,533.69 and authorize the County Manager or his designee to execute the required release. 3/23/20109:00:00 AM Date Prepared By Colleen Greene County Attorney Assistant County Attorney County Attorney 3/10/20102:59:12 PM Date Approved By Jeffrey A. Walker, CPCU. ARM Administrative Services Division Director - Risk Management Risk Management 3/10/20103:02 PM Date Approved By Colleen Greene County Attorney Assistant County Attorney County Attorney 3/11/20102:02 PM Date Approved By Jeff Klatzkow County Attorney 3/12/2010 2:23 PM Date Approved By OMS Coordinator County Manager's Office Office of Management & Budget 3/15/20108:32 AM Date Approved By Susan Usher Office of Management & Budget Management/Budget Analyst, Senior Office of Management & Budget 3/15/20108:55 PM Date Approved By Mark Isackson Office of Management & Budget Management/Budget Analyst, Senior Office of Management & Budget 3/16/2010 9:40 AM RELEASE (PROPERTY DAMAGE ONLY) FOR AND IN CONSIDERATION OF THE PAYMENT TO ME/US OF THE SUM OF ($7,533.69) Seven Thousand Five Hundred Thirty-Three and 69/100 DOLLARS. AND OTHER GOOD AND VALUABLE CONSIDERATION, I/WE, BEING OF LAWFUL AGE, HAVE RELEASED AND DISCHARGED, AND BY THESE PRESENTS DO FOR MYSELF/OURSELVES, MY/OUR HEIRS, EXECUTORS, ADMINISTRATORS AND ASSIGNS, RELEASE, ACQUIT AND FOREVER DISCHARGE Maria G. Rodriguez, Leonardo Rodriguez and Anastacio R. Rodriguez AND ANY AND ALL OTHER PERSONS, FIRMS AND CORPORATIONS OF AND FROM ANY AND ALL ACTIONS, CAUSES OF ACTION, CLAIMS, DEMANDS, DAMAGES, COSTS, LOSS OF USE, EXPENSES, COMPENSATION, AND ALL CONSEQUENTIAL DAMAGE ON ACCOUNT OF, OR IN ANY WAY GROWING OUT OF, PROPERTY DAMAGE RESULTING OR TO RESULT FROM ACCIDENT THAT OCCURRED ON OR ABOUT THE 7th DAY OF January, 2008, AT OR NEAR Immokalee, Collier County, Florida. Agenda Item No. 16K1 March 23, 2010 Page 3 of 3 I/WE UNDERSTAND THAT THIS SETTLEMENT IS THE COMPROMISE OF A DOUBTFUL AND DISPUTED CLAIM, AND THAT THE PAYMENT IS NOT TO BE CONSTRUED AS AN ADMISSION OF LIABILITY ON THE PART OF THE PERSONS, FIRMS, AND CORPORATIONS HEREBY RELEASED BY WHOM LIABILITY IS EXPRESSLY DENIED. THIS RELEASE CONTAINS THE ENTIRE AGREEMENT BETWEEN THE PARTIES HERETO, AND THE TERMS OF THIS RELEASE ARE CONTRACTUAL AND NOT A MERE RECITAL. I/WE FURTHER STATE THAT I/WE HAVE CAREFULLY READ THE FOREGOING RELEASE AND KNOW THE CONTENTS THEREOF, AND i/WE SIGN THE SAME AS MY/OUR OWN FREE ACT. WITNESS MY HAND AND SEAL THIS DAY OF ,2010 IN THE PRESENCE OF CAUTION I READ BEFORE SIGNING NAME ADDRESS ) ---) ------- ) (SEAL) NAME (SEAL) ADDRESS STATE OF ) SS_ COUNTY OF ____________) ON THIS DAY OF , BEFORE ME PERSONALL v APPEARED .._ __ __ TO ME KNOWN TO BE THE PERSON_ DESCRIBED HEREIN, AND WHO EXECUTED THE FOREGOING INSTRUMENT AND SAME. ACKNOWLEDGED THAT VOLUNTARILY EXECUTED THE MY TERM EXPIRES NOTARY PUBLIC 502305-0003-1299-21