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Item R2R.2 BOARD OF COUNTY COMMISSIONERS C ounty of M onroe Mayor David Rice, District 4 Mayor Pro Tem Sylvia J. Murphy, District 5 TheFloridaKeys Danny L. Kolhage, District 1 George Neugent, District 2 Heather Carruthers, District 3 County Commission Meeting November 20, 2018 Agenda Item Number: R.2 Agenda Item Summary #4848 BULK ITEM: Yes DEPARTMENT: County Attorney's Office TIME APPROXIMATE: STAFF CONTACT: Chris Ambrosio (305) 292-3470 N/A AGENDA ITEM WORDING: Authorization to initiate litigation against AshBritt, Inc. to recover damages relating to property damage at 16 Arbutus Drive, Key Haven. ITEM BACKGROUND: Pursuant to the Disaster Response and Recovery Service Agreement with AshBritt, Inc. (AshBritt), AshBritt is required to repair damage to private property and/or County roads and rights-of-way due to its operations and ensure proper repairs are made promptly at no cost to the County. The owner of the property located at 16 Arbutus Drive, Key Haven, FL submitted debris collection operations on October 11, 2017. To date, AshBritt has ignored its responsibilities under the contract as well as repeated efforts by the County to resolve the claim. Consequently, the County paid $5,985.00 to the property owner for reimbursement of the payment made to a contractor for professional repair of the property damages. This agenda item seeks BOCC authorization for the County Ato initiate litigation against AshBritt with this property damage claim. This claim would be filed in County Court and proceed independently of the ongoing litigation AshBritt filed against the County. PREVIOUS RELEVANT BOCC ACTION: N/A CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATION: Approval. DOCUMENTATION: FINANCIAL IMPACT: Packet Pg. 1861 R.2 Effective Date: Expiration Date: Total Dollar Value of Contract: Total Cost to County: Cost of filing fee and issuance of summons (approx. $310.00) Current Year Portion: Budgeted: Source of Funds: CPI: Indirect Costs: Estimated Ongoing Costs Not Included in above dollar amounts: Revenue Producing: If yes, amount: Grant: County Match: Insurance Required: Additional Details: REVIEWED BY: Bob Shillinger Completed 10/31/2018 10:40 AM Chris Ambrosio Completed 10/31/2018 12:34 PM Maria Slavik Completed 10/31/2018 1:20 PM Budget and Finance Completed 10/31/2018 1:30 PM Kathy Peters Completed 11/01/2018 9:41 AM Board of County Commissioners Pending 11/20/2018 9:00 AM Packet Pg. 1862