Backup Documents 05/24/2016 Item #16K3 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 6 PC
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 b 5/24/16
6/4. BCC Office Board of County
Commissioners y /s/
5. Minutes and Records Clerk of Court's Office 5134 hp 3:24(ion
PRIMARY CONTACT INFORMATION 1`� r
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,As istant County Attorney 252-8400
Contact/Department
Agenda Date Item was 5/24/16 Agenda Item Number 16-K-3
Approved by the BCC
Type of Document Settlement Agreement-Fuller Number of Original 1
Attached Documents Attached
PO number or account n/a
number if document is
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 5/24/16 and all changes made during the KN' N/A is not
meeting have been incorporated in the attached document, The County Attorney's an option for
Office has reviewed the changes,if applicable. s me.
9. Initials of attorney verifying that the attached document is the version approved by the �` - N/ I's not
BCC all changes directed bythe BCC have tw
g C a e been made,and the document is ready fo the •ti
Chairman's signature. t.: ling.
I: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
161( 3 f'CMEMORANDUM
Date: May 25, 2016
To: Kevin Noell, Assistant County Attorney
County Attorney's Office
From: Teresa Cannon, Deputy Clerk
Minutes & Records Department
Re: Settlement Agreement— Tracy Fuller
Attached is a copy of the document referenced above, (Agenda Item #16K3) approved by
the Board of County Commissioners on Tuesday, May 24, 2016.
The original has been kept by the Minutes and Record's Department as part of the
Board's Official Records.
If you have any questions, please contact me at 252-8411.
Thank you.
SETTLEMENT AGREEMENT
THIS SETTLEMENT AGREEMENT (hereinafter referred to as the "Agreement") is
entered into and made on this 1 day of , 2016, by and between TRACY
FULLER, (hereinafter referred to as "Plaintiff') and Collier County (hereinafter referred to as
the "County").
WITNESSETH:
WHEREAS, Plaintiff filed a lawsuit against the County in the Circuit Court for the
Twentieth Judicial Circuit in and for Collier County, Florida, styled Tracy Fuller v. Collier
County, Case No. 15-CA-000515 (hereinafter referred to as the "Lawsuit"); and
WHEREAS, Plaintiff and the County, without either party admitting any liability or
fault, desires to settle the Lawsuit and any and all disputes that arise from, relate or refer in any
way, whether directly or indirectly, known or unknown, to the incidents described or allegations
made in the Complaint filed in the Lawsuit; and,
WHEREAS, Plaintiff and the County desire to reduce the settlement to a writing so that
it shall be binding upon both parties' respective owners, principals, elected officials, officers,
employees, ex-employees, agents, attorneys, representatives, insurers, spouses, successors,
assigns, heirs and affiliates.
NOW, THEREFORE, in consideration of the mutual covenants, promises and
consideration set forth in this Agreement, and with the intent to be legally bound, Plaintiff and
the County agree as follows:
1. Plaintiff and the County adopt and incorporate the foregoing recitals, sometimes
referred to as "Whereas Clauses", by reference into this 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
[15-0515-CA/1256547/1] 1
161( 3
consideration of the sum of Nine Thousand Five Hundred Dollars and 00/100 ($9,500.00) and
other valuable consideration, the receipt and adequacy of which is hereby acknowledged by
Plaintiff, Plaintiff agrees to dismiss the Lawsuit with Prejudice.
3. In consideration of the resolution of the Lawsuit, and for other good and valuable
consideration, the receipt and adequacy of which is hereby acknowledged, Plaintiff, on behalf of
herself, her attorneys, agents, representatives, insurers, heirs, successors and assigns, hereby
expressly releases and forever discharges the County, as well as its elected officials, officers,
employees, ex-employees, agents, attorneys, representatives, successors, assigns, insurers and
affiliates from any and all claims, demands, causes of actions, damages, costs, liens, attorney's
fees, expenses and obligations of any kind or nature whatsoever that she has asserted or could
have asserted in the Lawsuit or that arise from or relate or refer in any way, whether directly or
indirectly, to the Lawsuit or any incident, event or allegation referred to or made in the
Complaint in the Lawsuit.
4. Notwithstanding anything that may be to the contrary in Paragraph 3 of this
Agreement, Plaintiff and the County agree that either of them (as well as any other persons or
entities intended to be bound) shall, in the event of any breach, retain the right to enforce the
terms and conditions of this Agreement.
5. Plaintiff and the County acknowledge and agree that this Agreement is intended
to and shall be binding upon their respective owners, principals, officials, officers, employees,
ex-employees, agents, attorneys, representatives, insurers, successors, assigns, spouses, heirs,
and affiliates.
6. Plaintiff and the County recognize and acknowledge that this Agreement
memorializes and states a settlement of disputed claims and nothing in this Agreement shall be
[15-0515-CA/1256547/1] 2
161( 3
construed to be an admission of any kind, whether of fault, liability, or of a particular policy or
procedure, on the part of either Plaintiff or the County.
7. Plaintiff and the County acknowledge and agree that this Agreement is the
product of mutual negotiation and no doubtful or ambiguous language or provision in this
Agreement is to be construed against any party based upon a claim that the party drafted the
ambiguous provision or language or that the party was intended to be benefited by the
ambiguous provision or language.
8. This Agreement may be amended only by a written instrument specifically
referring to this Agreement and executed with the same formalities as this Agreement.
9. In the event of an alleged breach of this Agreement, Plaintiff and the County
agree that all underlying causes of action or claims of Plaintiff have been extinguished by this
Agreement and that the sole remedy for breach of this Agreement shall be for specific
performance of its terms and conditions or any damages arising from the breach. In this regard,
Plaintiff and the County further agree that the sole venue for any such action shall be in the
Twentieth Judicial Circuit in and for Collier County, Florida in Naples, Florida.
10. This Agreement shall be governed by the laws of the State of Florida.
11. Plaintiff shall be solely responsible for payment and satisfaction of any liens,
medical bills, or any other expense, debt, or loss arising out of, or anyway connected to, injuries
and/or damages suffered from the incident described in the Lawsuit.
IN WITNESS WHEREOF, Plaintiff, and the County have signed and sealed this
Agreement and Release as set forth below.
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16K3
AS TO COUNTY:
ATTEST:
DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
'i - . 4. I By: J i T&4?
At. s as to Chair putt' Clerk DONNA F ALA, Chairman
signature only.
Approved as to form and legality:
%G.---i_,2,
Kevin L. Noell
Assistant County Attorney
AS TO PLAINTIFF:
C'- , per
Tracy F lle' ' .intiff
STATE OF FLORIDA
COUNTY OF COLLIER M
Sworn to (or affirmed) and subscribed before me this I �,d of ' I . , 2016, by
TRACY FULLER, who is ( )personally known to me or ( '7 produced L-
as identification.
WJXÜa
;�pY':y., AWCIAWEBB (Signature of Notary Public - State of Florida)
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