Backup Documents 02/11/2014 Item #16K1 ORIGINAL DOCUMENTS CHECKLIST & ROUTIV(i S4P
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SE J.
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office
at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later
than Monday preceding the Board meeting.
**NEW** ROUTING SLIP
Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the
exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office.
Route to Addressee(s) (List in routing order) Office Initials Date
1.
2.
3. County Attorney Office County Attorney Office KN 6(--\ 2/11/14
4. BCC Office Board of County `Z�h,
Commissioners yNA/ 2V44-
5. Minutes and Records Clerk of Court's Office \
ZAV-M
PRIMARY CONTACT INFORMATION
Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the
addressees above,may need to contact staff for additional or missing information.
Name of Primary Staff Kevin Noell Assistant County Attorney Phone Number 252-8400
Contact/ Department
Agenda Date Item was 2/11/14 Agenda Item Number 16-K-1
Approved by the BCC
Type of Document Release and Settlement—Bentley Electric Number of Original One
Attached Documents Attached
PO number or account
number if document is n/a
to be recorded
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not
appropriate. (Initial) Applicable)
1. Does the document require the chairman's original signature? KN
2. Does the document need to be sent to another agency for additional signatures? If yes, KN
provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet.
3. Original document has been signed/initialed for legal sufficiency. (All documents to be KN
signed by the Chairman,with the exception of most letters,must be reviewed and signed
by the Office of the County Attorney.
4. All handwritten strike-through and revisions have been initialed by the County Attorney's KN
Office and all other parties except the BCC Chairman and the Clerk to the Board
5. The Chairman's signature line date has been entered as the date of BCC approval of the KN
document or the final negotiated contract date whichever is applicable.
6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's KN
signature and initials are required.
7. In most cases(some contracts are an exception),the original document and this routing slip KN
should be provided to the County Attorney Office at the time the item is input into SIRE.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of your deadlines!
8. The document was approved by the BCC on 2/11/14 and all changes made during the KN
meeting have been incorporated in the attached document. The County Attorney's
Office has reviewed the changes,if applicable.
9. Initials of attorney verifying that the attached document is the version approved by the KN
BCC, all changes directed by the BCC have been made,and the document is ready for the
Chairman's signature.
1:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12
16K1 1
MEMORANDUM
Date: February 17, 2014
To: Kevin Noell, Assistant County Attorney
County Attorney's Office
From: Ann Jennejohn, Deputy Clerk
Minutes & Records Department
Re: A Settlement Agreement reached by those in the lawsuit "Board
of County Commissioners of Collier County, Florida, v. Bay Electric
of Collier, Inc. and Bentley Electric Company of Naples, FL, Inc.,
Case No. 13-2365-CC" filed in the Twentieth Judicial Circuit Court
Attached are one (1) copy and two (2) certified copies of the item referenced above,
(Item #16K1) approved by the Board of County Commissioners on February 11, 2014.
The original was held by the Minutes and Record's Department for the Board's
Official Record.
If you have any questions please contact me at 252-8406.
Thank you.
Attachments (3)
16K1
RELEASE AND SETTLEMENT OF CLAIMS
THIS RELEASE AND SETTLEMENT OF CLAIMS Agreement ("Agreement") is
entered into and made on this 20 day of December , 2013 by and between Bentley
Electric Company of Naples, FL, Inc., ("Bentley") and Board of County Commissioners for
Collier County("County").
WITNESSETH:
WHEREAS, on or around October 2012, Bay Electric was engaged by someone or some
entity other than the County to perform work in the Kensington development in Collier County,
Florida, which included, inter alia, the excavation and replacement of bases for street lights.
Bay Electric in turn engaged Bentley Electric to drill, bore and excavate for that purpose. On
October 12, 2012, Bentley Electric drilled, bored, and excavated in the area, in violation of Fla.
Stat. 556.105, causing a breach in the County's 8" force Main line in the area, flooding the area
with water. The County was called and was forced to repair the damaged line at a cost of
$6,582.42.
WHEREAS, County filed a lawsuit on December 3, 2013, Collier County v.Bay Electric
of Collier, Inc. and Bentley Electric Company of Naples, FL, Inc., Case No. 13-2365-CC, in
order to seek reimbursement for the damages caused by Bentley, as well as $800 in litigation and
administrative costs, with no interest; and,
WHEREAS, County and Bentley desire to reduce their settlement to a writing so that it
shall be binding upon them as well as their respective owners, principals, elected officials,
officers, employees, ex-employees, agents, attorneys, representatives, insurers, spouses,
successors, assigns, heirs and affiliates.
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16K1 .
NOW, THEREFORE, in consideration of the mutual covenants, promises and
consideration set forth in this Release and Settlement of Claims Agreement, and with the intent
to be legally bound, County and Bentley agree as follows:
1. County and Bentley adopt and incorporate the foregoing recitals, sometimes
referred to as "Whereas Clauses", by reference into this Release and Settlement of Claims
Agreement.
2. In consideration of the resolution of all disputes or claims arising from or
referring or relating in any way, whether directly or indirectly, to the lawsuit, and for and in
consideration of the sum of Six Thousand Five Hundred Eighty-Two and 42/100 ($6,582.42) and
Eight Hundred Dollars and 00/100 ($800.00) for litigation and administrative costs, for a total
sum of Seven Thousand Three Hundred Eighty-Two Dollars and 42/100 ($7,382.42), County
agrees to dismiss the lawsuit with prejudice.
3. Bentley hereby admits liability to the County for damages it sustained, as a result
of Bentley's negligent drilling and excavating activities on October 12, 2012, and the amount of
total damages caused to be in the amount of$7,382.42.
4. Bentley Electric Company of Naples, FL, Inc., has agreed to pay the entire
amount of$7.382.42 in one lump sum payment to Collier County, in order to settle this lawsuit.
5. The County agrees to accept the lump sum payment of $7,382.42 in full
settlement of this lawsuit. Bentley shall forward the payment to the Risk Management
Department of the County.
6. Upon Bentley paying the agreed upon settlement amount of$7,382.42 in full, the
County shall file a dismissal of this lawsuit with prejudice.
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7. The Parties agree that the Twentieth Judicial Circuit in and for Collier County,
Florida, in Naples, Florida, shall retain jurisdiction for the purposes of the enforcement of this
Agreement.
IN WITNESS WHEREOF, Bentley, and the County have signed and sealed this
Release and Settlement of Claims Agreement as set forth below.
Date: 12-20-2013
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, Clerk OF COLLIER COUNTY, FLORIDA
• - 1 f
tom L •C • B • �- - -
@St CB��.'ClOY Georg A.- idler;
Torn Henning, Chair :n Date: 2\\\�\y
signatereonly...,r
Approved as to fore and By: �� _
legal sufficiency: As th%t uthoriz-• Represen ative of
Bentley Electric Compan 4, Naples, FL, Inc.
Kevin L. Noelt_ Stephen Bentley Vice-President
Assistant County Attorney Printed Name and Title of Representative
STATE OF Florida
COUNTY OF Collier
Item#
Agenda, ..11„..1/1
d ai4-11-
Re
16K1
This Release and Settlement of Claims Agreement was sworn to and subscribed by
Stephen Bentley , the Authorized Representative of Bentley Electric
Co .any of Naples, FL, Inc., before me on this 20 day of December , 2013.•
! I Personally Known X
Si: ature of Notary Public or
Produced Identification
(7L) AN.c^ I ,
Commissioned Name of Notary Public Type of Identification Produced
(Please print,type or stamp)
My Commission expires: , _ _ _ _ _ — _ — — — — — •
LISA M.DELISLE
�;`� Notary Public-State of Florida
,c ; My Comm.Expires Feb 16,2014 `
4 Z-'o7; Commission#DD 962092
,°„∎o sss Bonded Through National Notary Assn.
13-2365-CC/68
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