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Agenda 09/15/2009 Item #16K10 Agenda Item No. 16K10 September 15, 2009 Page 1 of 2 EXECUTIVE SUMMARY Recommendation to authorize the County Attorney to file a lawsuit on behalf of the Collier County Board of County Commissioners against EMBARQ, INC., EMBARQ COMMUNICATIONS, INC. and WORKl\1AN SERVICES, INC., in Circuit Court to recover damages in the amount of $23,323.94, plus the cost of litigation. OBJECTIVE: For the Board of County Commissioners to authorize the County Attorney to file a lawsuit in the Circuit Court in and for Collier County, Florida against EMBARQ INC., EMBARQ COMMUNICATIONS, INC. and WORKMAN SERVICES, INC., to recover costs of repair to its sewer line caused by these parties and administrative fees incurred by the County in the amount of $23,323.94 plus the cost oflitigation. CONSIDERATIONS: On August 27, 2008, Defendant Workman Services, Inc., was a subcontractor of the Defendant EMBARQ Inc., and/or EMBARQ Communications, Inc. and was installing cable on its behalf. During the installation, Workman Services, Inc., struck and damaged the County's lateral sewer line located at 379 Palm Drive and the intersection of Glades Blvd., in Collier County. Collier County's damages total $23,323.94. The County has attempted to collect damages from each Defendant, and each Defendant has failed and/or refused to negotiate with the County. As such, the County has no other recourse for - recovery of the damages and costs than to proceed with litigation. FISCAL IMPACT: Funds are budgeted and available in the Risk Management Property & Casualty Fund. GROWTH MANAGEMENT IMP ACT: There is no growth management impact associated with this item. LEGAL CONSIDERATIONS: Both the County Attorney and the Risk Management Director agree that litigation is the best recourse for recovery of the costs as the negligent parties have refused to compensate the County for its damages. - CMG RECOMMENDATION: That the Board of County Commissioners authorize the County Attorney to file a lawsuit against EMBARQ INC., EMBARQ COMMUNICATIONS, INC. and WORKMAN SERVICES, INC., in Circuit Court in and for Collier County, Florida, to recover $23,323.94, for costs incurred as a result of the damages to the County's sewer line and costs of the suit. PREPARED BY: Colleen M. Greene, Assistant County Attorney - ~ a!:S\; 1 V1 1 Agenda Item No. 16K10 September 15, 2009 Page 2 of 2 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: 16K10 Meeting Date: Recommendation to authorize the County Attorney to file a lawsuit on behalf of the Collier County Board of County Commissioners against EMBARQ, INC., EMSARQ COMMUNICATIONS, INC. and WORKMAN SERVICES, INC, in Circuit Court to recover damages in the amount of $24,358.54, plus the cost of litigation. 9/15/2009 9:0000 AM Prepared By Colleen Greene Assistant County Attorner Date County Attorney County Attorney Office 8/28/2009 4:29:46 PM Approved By Colleen Greene Assistant County Attorner Date County Attorney County Attorney Office 8/28/2009 4:44 PM Approved By Jeffrey A. Walker, CPCU, Risk Management Director Date ARM Administrative Services Risk Management 8/31/20098:18 AM Approved By Jeff Klatzkow County Attorney Date County Attorney County Attorney Office 9/1/2009 3:29 PM Approved By OMB Coordinator OMS Coordinator Date County Manager's Office Office of Management & Budget 9/2/200910:11 AM Approved By Laura Davisson Management & Budget Analyst Date County Manager's Office Office of Management & Budget 9/2/2009 11: 15 AM Approved By Leo E. Ochs, Jr. Deputy County Manager Date Board of County Commissioners County Manager's Office 9/2/2009 6 :32 PM r-1 11,-, \ ... .... /.... "''' - .... ~ - .........................., .. ,. ,.. , - ,., - ~ - - -~- ---