Backup Documents 07/12/2016 Item #16K 4 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 16K
4
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
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 AttorneyOffice
County Attorney Office KN 9/13/16
4. BCC Office Board of County �F
Commissioners NA\(/V V.2\
5. Minutes and Records Clerk of Court's Office
qm IU3116 ((:Nam
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 7/12/16 Agenda Item Number 16-K-4
Approved by the BCC
Type of Document Settlement Agreement—F&H Electric Number of Original 1
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? STAMP OK 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 7/12/16 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. is line.
9. Initials of attorney verifying that the attached document is the version approved by t KN t ..1 is not
BCC,all changes directed by the BCC have been made,and the document is ready or the \an o ion for
Chairman's signature.
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
1 6K 4
MEMORANDUM
Date: September 13, 2016
To: Kevin Noell, Assistant County Attorney
County Attorney's Office
From: Martha Vergara, Deputy Clerk
Minutes & Records Department
Re: Settlement Agreement & Mutual Release
F & H Electric
Attached is one (1) scanned copy of the original agreement as referenced above,
(Item #16K4) approved by the Board of County Commissioners on Tuesday, September
13, 2016.
The original has been kept by the Minutes and Record's Department as part of the
Board's Official Record.
If you have any questions, please contact me at 252-7240.
Thank you.
16K 4
SETTLEMENT AGREEMENT AND MUTUAL RELEASE
THIS SETTLEMENT AGREEMENT AND MUTUAL RELEASE (hereinafter referred
to as the "Agreement and Release") is entered into and made on this I 'LAN,day of
, 2016, by and between the BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY, FLORIDA (hereinafter the "COUNTY"), F & H ELECTRICAL
CONTRACTORS, INC., D/B/A F & H CONTRACTORS (hereinafter "F & H") and FLORIDA
POWER AND LIGHT (hereinafter "FPL"). (The parties to this action shall hereinafter be
collectively referred to as "Parties").
WITNESSETH:
WHEREAS, the Board has filed a law suit in the Twentieth Judicial Circuit in and for
Collier County, Florida against F & H and FPL for the recovery of damages caused by the
breaching of an 8" Force Main sewer line owned and maintained by the County located at a
certain address in Forest Hills Boulevard in Collier County, Florida on June 5, 2014; and
WHEREAS, Parties, without any 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, Parties desire to reduce the settlement to a writing so that it shall be binding
upon 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 Release, and with the intent to be legally bound,
Parties agree as follows:
[15-0284-CA/1262853/1] Page 1 of 6
16K 4
1. Parties adopt and incorporate the foregoing recitals, sometimes referred to as
"Whereas Clauses", by reference into this Agreement and Release.
2. This Agreement and Release is contingent upon approval by the Board of County
Commissioners of Collier County, Florida.
3. 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 an in
consideration of the sum of Fourteen Thousand Dollars and 00/100 ($14,000.00) and payment of
County's portion of the mediator fee of$665.00, the receipt and adequacy of which is hereby
acknowledged by the County, County agrees to dismiss the lawsuit with prejudice.
4. In consideration of the resolution of the Lawsuit, and for other good and valuable
consideration, the receipt and adequacy of which is hereby acknowledged, Parties, on behalf of
themselves, their attorneys, agents, representatives, insurers, heirs, successors and assigns,
hereby expressly releases and forever discharges each other, as well as any and all of parties'
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 has been asserted or could have been 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.
5. Notwithstanding anything that may be to the contrary in Paragraph 4 of this
Agreement and Release, Parties agree that any 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 and Release.
[15-0284-CA/1262853/1] Page 2 of 6
16K �4
6. Parties acknowledge and agree that this Agreement and Release 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.
7. Parties recognize and acknowledge that this Agreement and Release memorializes
and states a settlement of disputed claims and nothing in this Agreement and Release shall be
construed to be an admission of any kind, whether of fault, liability, or of a particular policy or
procedure, on the part of and party.
8. Parties acknowledge and agree that this Agreement and Release is the product of
mutual negotiation and no doubtful or ambiguous language or provision in this Agreement and
Release 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.
9. This Agreement and Release may be amended only by a written instrument
specifically referring to this Agreement and Release and executed with the same formalities as
this Agreement and Release.
10. In the event of an alleged breach of this Agreement and Release, Parties agree that
all underlying causes of action or claims have been extinguished by this Agreement and Release
and that the sole remedy for breach of this Agreement and Release shall be for specific
performance of its terms and conditions or any damages arising from the breach. In this regard,
Parties 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.
11. This Agreement and Release shall be governed by the laws of the State of Florida.
[15-0284-CA/1262853/1] Page 3 of 6
1 6K 4
IN WITNESS WHEREOF County, F & H and FPL have signed and sealed this
Agreement and Release as set forth below.
F & H Electrical Co tractors, Inc., D/B/A F &H Contractors
J
By: _
Dan' F. Williams, J
Title i
Dated: (S+ aS`-1 , 2016.
STATE OF FLORIDA )
)SS:
COUNTY OF COLLIER )
The undersigned, being a Notary Public for the State of Florida, hereby certifies that
o-I/m e F 1,0i I ,t a,. yvA,5 S tk, appeared before me this g day of
, 2016 and is either personally known to me v' or produced the
following identification: , and after having
first been sworn stated that he affixed his signature to the above and foregoing document, and
that the statements contained therein are true and correct to the best of his knowledge.
C 1q
N RY PUBL/IN AND FOR STATE OF FLORIDA
. Printed Name
Mc07/2missi3/on2017 FF 021000 Commission Expires
F.)
Expires
m
[15-0284-CA/1262853/1] Page 4 of 6
16K 4
Florida Power&Light
By: 4 se. M +4%t--te 1.3o%.
SP-• CAA, M kGek.i
Title
Dated: JI , 2016
STATE OF FLORIDA )
)SS:
COUNTY OF COLLIER )
The undersigned, being a Notary Public for the State of Florida, hereby certifies that
ROSE MARNOi'Ak
appeared before me this I sr
day of J J 4-y , 2016
and is either personally known to me 17-or produced the following identification:
, and after having first been sworn stated that
he affixed his signature to the above and foregoing document, and that the statements contained
therein are true and correct to the best of his knowledge.
NOTRY PUBLIC IN AND FOR THE STATE OF FLORIDA
Printed Name
Commission Expires
JERRY WILLIAM DOWNS
* „, * MY COMMISSION t FF 183270
EXPIRES:April 12,2019
4.0t„,,," Bonded Tm Budget Notary SeMces
[15-0284-CA/1262853/1] Page 5 of 6
16K 4
AS TO COUNTY:
ATTEST:
DWIGHT E. BROCK,Clerk BOARD OF COUNTY COMMISSIONERS
OF CO LIER COUNTY,FLORIDA
By:
�� By: /
Attes as 0 8" • Der ty +ri DONNA FIA LA, Chairman
signature only.
Approved as to form and legality:
z
Kevin L.Noell
Assistant County Attorney
[15-0284-CA/I 262853/1] Page 6 of 6